リトリチャ Ep 20 (3)

Here's the third and final part to this Ep :)

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Question:
Write a character sketch about St John Rivers and answer the following questions:-

- How was Christianity portrayed in them?
- What were the effects on Jane Eyre?
- The effects on you as a reader.

Answer:

- Religious
- Kind
- Forceful
- Demanding
- Austere

- Christianity to St John Rivers is a duty. He quotes: "I claim you – not for my pleasure, but for my Sovereign's service".

- It makes Jane Eyre uncomfortable because she is not accustomed to God's ways.

- As a reader, we get the feeling that Christianity means a permanent sense of duty, as portrayed by St John's insistence on Jane Eyre's attachment to him.

Comment: Good.

~#~

Wasn't so satisfied with just "good", but oh well, I'll get better :P

CIAO!!

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リトリチャ Ep 20 (2)

As promised, the second half of Ep 20!!

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Question:
Write a character sketch of Helen Burns and answer the following questions:-

- How was Christianity portrayed in them?
- What were the effects on Jane Eyre?
- The effects on you as a reader.

Answer:

- Forgiving
- Religious
- Kind
- Grateful

- Christianity is portrayed by Helen Burns as a guidebook to life. It is the words of a person preaching to forgive the sins of a wrongdoer. She quotes: "the Bible bids us return good for evil".

- Jane Eyre was more willing to forgive after that. She also learnt to restrain herself and learn from Helen Burns' character.

- It teaches readers about the importance of reading the Bible and deciphering it as a whole, instead of just its principles, like what Mr Brocklehurst did.

~#~

Last part coming up? :)

CIAO!!

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リトリチャ Ep 20

The next three posts are actually continual, but I'm going to be posting them in parts. They'll have the same title, though.

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Question:
Give a character sketch of Mr Brocklehurst and answer the following questions:-
- How was Christianity portrayed in them?
- What were the effects on Jane Eyre?
- The effects on you as a reader.

Answer:

Character sketch of Mr Brocklehurst
- Judgemental
- Hypocritical
- Biased
- Prejudicial

- Christianity is portrayed as a set of rules instead of a religion. "A brief address on those occasions would not be mistimed, wherein a judicious instructor would take the opportunity of referring to the sufferings of the primitive Christians; to the torments of martyrs: to the exhortations of our blessed Lord Himself, calling upon His disciples to take up their cross and follow Him; to His warnings that man shall not live by bread alone, but by every word that proceedeth out of the mouth of God."

- Jane Eyre was forced to comply with the strict rules and regulations enforced by Mr Brocklehurst based on the Bible and God's words.

- As a reader, this provides us with a very different perspective of Christianity, which can mislead us into thinking Christianity is rigid and inflexible.

~#~

Be prepared for the next one on Helen Burns :)

CIAO!!

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リトリチャ Ep 19

I know, I'm on a roll. Maybe because my teacher only recently returned most of my essays. Here's another Literature post for all of you, eh?

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Question:
What is your opinion of Basho's poem?

Come, see real
flowers
of this painful world

Answer:

To me, this poem seems like the poet is referring to a journey. This journey is one that will be long and full of obstacles. The fact that the Japanese translation has 5 syllables in the first line, 7 syllables in the second line and 5 syllables again in the third line could symbolise a mountain. The mountain could also be a symbol of the journey. The first line is the start of the journey whereas the second line is the climax, which is why it has 7 syllables. The last line is the happy ending because it goes back to having 5 syllables.

The overall meaning of this poem could also mean that the poet wants the inhabitants of this world to see the beauty of the world despite having to go through obstacles to complete the journey. Just like the rose, although it has thorns which could draw blood, the flower itself is beautiful and worth the pain.

All in all, the world is perceived by Basho as beautiful even though it has flaws and (is) filled with potential pain and sorrow.

Comment: Thank you for sharing this :)

~#~

Let me explain my lecturer's comment. After we wrote our opinions, the lecturer asked a few of us to read them out loud. Of course, nobody volunteered (and frankly speaking, I thought mine was quite embarrassing) so our lecturer had to handpick whose to read.

And unfortunately, one of them was mine.

Hence, the above comment -.-

I've got some more after this, so stay tuned, eh?

CIAO!!

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リトリチャ Ep 18

This was written on the 27th of March but I didn't post this. No idea why, though.

Oh well, here it is now :)

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Question:
Is love a choice?

Answer:

Love is generally perceived as the feelings that a person has for another. It is often thought of as the strongest emotion within the spectrum of human feelings, which is portrayed even in movies like Sleeping Beauty and Ella Enchanted.

And, like in most movies, love happens between the unlikeliest of characters. Some even forbidden, like Romeo Montague and Juliet Capulet in Shakespeare's breathtaking romantic tragedy, Romeo and Juliet. Their love for each other they knew was not meant to be, but they could not help it.

Therefore, to me, love is not a choice. We cannot choose who we love and neither can we force ourselves to love other people. In fact, it will have a negative effect on both parties, as you are not only hurting yourself, but the opposite person as well.

Besides, if love were a choice, homosexuals would not exist. Since homosexuals are not viewed as "acceptable" in some societies, they would be able to alter their sexual preferences in order to conform to the general public. Everyone would be able to choose who they love according to their own principles and without any difficulties.

However, while choosing whom you love is not a choice, choosing to act on it, is. For example, Romeo and Juliet could have chosen not to meet each other in secret or do anything to cause their love to blossom. Instead, they went against their family's wills and stood by their love until the very end. *My lecturer noted "true" for this paragraph*

In my experience as an adolescent, love can be cruel and unfair in the sense that you can love someone whom you know you can never have a proper relationship with. Thus, love is indeed, in my opinion, not a choice.

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Yeah~ I know, I know. Kind of sappy for me, right?

Oh well :) Plenty more coming up! Be prepared :D

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リトリチャ Ep 17

Alright, so here's another Literature post. Our lecturer asked us to write our own poems entitled "The Self-Unseeing", based on Thomas Hardy's The Self-Unseeing.

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Question:
Write a poem entitled "The Self-Unseeing" based on Thomas Hardy's The Self-Unseeing. In the first stanza, the first and third lines have to start with "Here". In the second stanza, the first line must start with "She" whereas the third line must start with "He". Lastly, in the third stanza, the last line must begin with "Yet".

Answer:

Here stands the abysmal building
Full of life, full of people
Here minds and hearts are growing
Expanding what was once fickle

She holds a leash in her right hand
Strutting along, checking her nails
He follows behind, 'round every bend
Tongue hanging out, wagging his tail

I watch the clock tick
He's still nowhere near
I'm already homesick
Yet alone I'm left here

Comment: Poignant.

~#~

I shan't deny it, I didn't know what poignant meant until I searched it up on the Dictionary. Haha.  Apparently, it means "keen on the emotions". Still a bit doubtful about its usage in other contexts but yeah~ :P

Another Literature post coming up! :D

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リトリチャ Ep 16

Hey! Here's an assignment for English Literature from the 25th of March. We only just received it recently so it's kind of late :)

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Question:
Write a letter to Antoinette Cosway (in the event before her imminent death).

Answer:

Dear Antoinette,

It is difficult to judge how a person may act by his or her looks, character or social status. However, I pray that you may give my letter second thoughts before committing any rash actions.

Throughout the course of your story I have deduced that your life has given you more grief than joy. As a member of the audience, I have little right to advise you on what you should or should not do, however I do have a right to voice my thoughts: it is not your fault.

In fact, there is little that happened in your life that was your fault. The only major fault you had was agreeing to a matrimony with the money-grabbing old goat, Rochester, even after Christophine advised you against it. Then again, if he had not persuaded you and given you false hope, you would not be reading the contents of this letter.

Even in the case of your mother, Annette. You cannot choose your heritage. Nobody can. You did what you needed to, to survive, and did what you could to improve your lifestyle. Your only other mistake was trusting Tia, but in this age and time, everybody is in need of a friend.

Either way, that you could bear with the troubles and endured the pain your past inflicted, I am awed. Your perseverance is something to be admired and it is to be noted that I am always on your side. Suffice to say, no matter what you decide, it is for yourself and by yourself.

Because, Antoinette Cosway, you are free.

From,
Lou

~#~

There were no comments for this assignment, I'm afraid, but I didn't really like how this went. I normally write better for writing activities such as this -.-

Worry not, there are more coming your way! :D

CIAO!!

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法則 Ep 10

Here's the last Law essay in my exam :D

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Question:
What are the advantages and disadvantages of strict adherence to legal precedent? How strictly are judges bound to precedent in the UK?

Answer:

Precedent is the source of law in which is created in courts for future judges to follow. Generally, all courts are bound by courts above it in the hierarchy as well as their own decisions.

Strict adherence to legal precedent has given a fair share of advantages and disadvantages to society. Among the advantages are certainty. Since precedents are naturally binding, it allows a certain degree of certainty. It allows lawyers to advise their clients based on what they have experienced so far. It also lets them carefully plan their next move.

Another advantage is that precedent provides flexibility. Precedents are allowed flexibility due to certain methods of departing such as distinguishing, overruling and reversing. This allows a limit to its rigidity.

Thirdly, having binding precedents is very useful in the sense that it saves a lot of time. Since the procedure is pretty much fixed, lawyers and clients are unlikely to go through the lengthy process of litigation.

The disadvantages to precedent, however, is that there is quite an amount of rigidity in the system. Since all decisions are precedent and binding, it is compulsory for all courts in the hierarchy to adhere to it. In some cases, the decisions might be wrong or bad, but not much can be done.

Strict adherence to legal precedent has also created a slowness in growth. This is because it is very rare for a case to appeal as far the Supreme Court if the claimant or defendant is unsatisfied in with the decision. Due to this, the growth and development of judicial precedent may be slow.

Precedent may also be disadvantageous because of illogical distinctions. For example, in the case of using the method of distinguishing. In desperation of applying this method, lawyers may find even the slightest of differences, which may appear illogical.

However, while it is true that legal precedence can be strict, there are some methods that can be used to depart from these decisions. Such methods are the distinguishing, overruling and reversing method.

The distinguishing method was used in the Balfour v Balfour case and the Merritt v Merritt case. In the latter case, the wife claimed that her husband had breached a contract. However, the claim was unsuccessful because there was no intention to create legal relations. On the other hand, the Merritt case, which also involved a wife making a claim against her husband, succeeded because the contract was signed after they had separated and there was a proof of it in writing.

An example using the overruling method is the Pepper v Hart case. Here, the Supreme Court overruled that the Hansard could not be used in statutory interpretation as in its earlier case, using the Practice Statement.

The reversing method is used when a higher court reverses the decision made by a lower court in the same case. However, this only applies if the case is appealed to the higher court and if the higher court believes the lower court has made a mistake.

As a result, legal precedent is both strict as well as flexible. It depends on how well it is used to one's advantage or disadvantage.

Marks: 19/25

~#~

Hmm... No comment for this, alright?

CIAO!!

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法則 Ep 9

This is another Law post from my exam :D

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Question:
How far is it true that equity has fulfilled its potential?

Answer:

Equity, which is generally known as 'fairness', plays an important role in today's community. It is an evolution from history's common law and continues to grow as time does.

Equity came about when the general public realised that there were certain flaws in the structure of common law. For example, the fact that the only remedy that common law could offer was damages. Damages are a form of compensation to the plaintiff in the form of money. Equity came to existence because of this as it offered more remedies such as injunctions, specific performance, rescission and rectification.

Injunctions are orders received in which the receiver either has to do something or is not permitted from doing something. The injunctions are, therefore, mandatory and prohibitory injunctions respectively. An example of prohibitory injunctions is in the case Warner Brothers v Nelson. In the case, Bette Davis  was prohibited from appearing in another film from another firm because that would breach her contract with Warner Brothers.

Specific performance is when a party is ordered to do something specific. However, personal actions are not granted such as singing at a concert. Also, specific performance does not apply if one of the parties is a minor.

Rescission is the act of returning both parties as far away as possible to their pre-contractual positions. Therefore, in the event that someone has bought something, the purchases are returned for the purchasing price.

The remedy of rectification is the act of rectifying a mistake in a contract so as to reveal its intentions.

Apart from equity remedies, equities also come with equitable maxims. Some examples are that equity looks at the intention and not the form, those who come with equity must come with clean hands and delay defeats equity.

The maxim that equity looks at the intention and not the form can be seen in the Berry v Berry case. Usually, a deed is needed to overrules another deed, however in the Berry case, a simple contract sufficed because the intentions were clear.

The case that incorporates the maxim that those who come with equity must come with clean hands is the D & C Builders Ltd v Rees case. In this situation, Mr and Mrs Rees paid the builders a portion in advance. When asked for the full pay afterwards, they declared that the builders had not done the job properly and paid them lesser. The builders, experiencing financial difficulties, accepted in desperation. However, they later sued the Rees for the remaining.

Under the rule of estoppel, the builders were actually not allowed to sue the Rees for the remaining, however Lord Denning said that the Rees had not come with 'clean hands'. Therefore, the claim succeeded.

In many ways, the system of equity has plenty of hidden potential. However, it is just as undeniable that equity has maximised its potential where discovered.

Marks: 16/25

~#~

You'll do better not knowing where the other 9 marks went, because I don't either -.- It was pretty much similar to other essays that my friends wrote but the difference between ours was that theirs got 19/25 and above.

Ugh, whatever.

CIAO!!

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法則 Ep 8

Another law post, comin' up!! :D

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Question:
Evaluate the view that any advantages of the jury system are far outweighed by its disadvantages.

Answers:

The jury system has long since been a system used in courts, typically when judging criminal offences. A jury usually consists of 12 people, selected at random. However, much care is taken so as to refrain from choosing anybody who is not qualified to be a juror.

This system has also gained much confidence from the people in a sense that is it has sort of become a reliable method of settling cases. It is seen as such because a large majority of people disapprove to the disagreement of right of rial by jury for 'minor' thefts.

However, it is generally stated that the advantages of the jury system are far outweighed by its disadvantages. To a certain extent, it is unfortunately true.

For example, an advantage of the jury system is the secrecy of the jury room. Since nobody is allowed to enter the room, the jurors are free from pressure and strain of choosing the right verdict. Jurors also get to discuss the evidence they have heard in private.

Unfortunately, it is also for this very reason that it is a disadvantage. Since nobody is allowed in the room other than the jurors, it is debatable whether or not the jurors understand the case evidence and facts.

A second advantage is that since the selection is pretty much random, the jurors' personal biases and prejudices are likely to cancel each others' out. Therefore, there is a possibility of a fair trial.

However, this is also a disadvantage because it is possible for a jury to consist of more biased and prejudiced people. In such an event, there is a possibility of a very unfair trial.

Other disadvantages include media influence, which may have an effect on the decision of the jury. There may also be the issue of jury tampering, in which friends or family members of the defendant or claimant speak to the jurors and influence them. Apart from that, long trials may tire and put a strain on the jury emotionally, causing them to be unable to judge properly.

There is also the possibility of a restless jury, in which the jurors do not really care for the facts and would rather have the case end fast. They then begin to take no notice of the key evidence and instead act on hunches and assumptions.

In conclusion, Lord Devlin once said that the jury is the 'lamp that shows that freedom exists'. However, while it is definitely true that the jury system has advantages, it is more so to say that its advantages are far outweighed by its disadvantages.

Marks: 20/25

~#~

I thought I could do better than a 20. But screw it. I have to remind myself that it's Carl who's marking my paper so... -.-

Another Law post on its way!!

CIAO!!

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法則 Ep 7

Whoo~ This is my Law exam essays :D

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Question:
To what extent, if at all, should law be used to enforce morality?

Answer:

It is universally acknowledged that laws are rules and regulations which govern us. They are passed by those who govern us and enforced as such they believe appropriate or suitable. If violated, serious consequences will have to be beared by the violator.

On the other hand, morality is based solely on what the particular individual deems as right and wrong. They are constitutions of the individual's morals and principles. They also differ from person to person. Most importantly, if moral principles are violated, it is unlikely the individual will be arrested.

There are, however, overlaps which occur some of the time. While a few may coincide with each other, others may bring the opposite effect. For example, it is a law that public urination is not allowed. It is also immoral for such an act to be done. In this case, the law and morality coincide with each other. In the event that the law and morality should conflict, however, it would be an example of morality obstructing the average adult from indulging in pornography, whereas there is no written law that prohibits it.

In light of the above statement, it is a constant debate with regards to whether law should be used to enforce morality. In actual fact, there are a few advantages and disadvantages in doing so.

An advantage to incorporating morality into law is that the society would less likely see any sort of misbehaviour or disgraceful actions committed in public. For example, if prostitution were banned, nobody would have to sell their bodies for money.

Another advantage would be that law would be much easier to enforce. For example, any bad actions would be against the law and be put right immediately. Nobody would have dilemmas on whether or not the law says it's wrong because it is against one's morals.

On the other hand, if morality were to be incorporated into law, the law would be very rigid. For one, even the slightest action which goes against one's morality would be thereby declared against the law. If such were to be the case, there would hardly be anyone on the streets.

Secondly, as mentioned above, morality differs from person to person. Therefore, who is to decide whose morals to incorporate into our laws? What is wrong to an individual need not necessarily be wrong to another individual. Ergo, confusion will arise and the stability of the law would be jeopardised.

In a nutshell, there is no doubt that law should be used to enforce morality. However, it should only be done to a certain degree so as to provide some freedom but not so much as to cause any disturbance or imbalance to the society.

Marks: 20/25

~#~

I'll let you in on a secret eh? I thought I did more than very badly for this essay. Yet, I still got 20/25. It really doesn't say much for my Law lecturer.

Another one comin' up :)

CIAO!!

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リトリチャ Ep 15

This is the prose part of our English Literature exam :D

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Question:
"The characters in Jane Eyre experiences the tensions of passions and self-control."
Explore the methods which writers use to present those tensions to capture the readers' attention.
In your response, you should focus on Jane Eyre to establish your argument and you should refer to the second text you have read to support and develop your line of argument.

Answer:

The characters in Jane Eyre experiences the tensions of passions and self-control. This does not only apply to the main character who is Jane Eyre but also other minor characters.

In Jane Eyre, Charlotte Bronte – the authoress – has used different methods to present these tensions so as to capture the readers' attention. For example, Jane Eyre loses her self-control when she 'attacked' John Reed. Charlotte Bronte used Jane Eyre's bottled-up fury in order to unleash a side of Jane Eyre kept dormant until that fateful day when she yelled, '"Wicked and cruel boy! You are like a murderer – you are like a slave-driver – you are like the Roman emperors!"' This rage also serves as a form of satisfaction for the readers that Jane Eyre has finally stood up for herself.

Secondly, Charlotte Bronte creates characters in order to present these tensions. For example, the creation of Helen Burns; Jane Eyre's first friend at Lowood School. She exercised a great deal of self-control in the school, like when Helen Burns does not take the initiative to explain to Miss Scatcherd that the reason why she had not cleaned her nails was because the water was frozen. Instead, she 'quietly, and without being told, unloosened her pinafore, and the teacher instantly and sharply inflicted on her neck a dozen strokes with the bunch of twigs'. Even so, she did not react to the pain and only let a tear escape when she was no longer in Miss Scatcherd's presence. This may infuriate some readers because detest for Miss Scatcherd has been born but also acts as an interesting aspect for them to read on.

Thirdly, Charlotte Bronte introduces love to create the tension of passion. This exists between Mr Rochester and Jane Eyre and captures readers' attentions because back in those times, a relationship between two people of two different social statuses was seen as impossible. Jane Eyre even reprimands herself in that sense, as seen on page 186 when she says: '"You a favourite with Mr Rochester? You gifted with the power of pleasing him? You of importance to him in any way? Go! Your folly sickens me,"'as well as when she says: '"It does good to no woman to be flattered by her superior, who cannot possibly intend to marry her; and it is madness in all women to let a secret love kindle within them, which, if unreturned and unknown, must devour the life that feeds it and, if discovered and responded to, must lead, ignis-fatuus-like, into miry wilds whence there is no extrication."' Readers would definitely be spurred to read on as this serves as part of the climax in which Jane Eyre must now decide how to cope with her budding feelings for her employer.

In the event that it is doubted that tensions of passion and self-control capture readers' attention, let me divert to Jean Rhys' Wide Sargasso Sea, which serves as a prelude to Jane Eyre. In Wide Sargasso Sea, Jean Rhys creates tension by setting Antoinette Cosway and her family in the middle of a sort of racial community where she is very much disliked for being a 'white nigger' and, more frequently, a 'white cockroach'.

Jean Rhys also uses the similar method of introducing love so as to create passion. The two characters involved are Mr Rochester and Antoinette Cosway. However, unlike the scenario in Jane Eyre where the feeling of undying love is mutual, the love in Wide Sargasso Sea is purely one-sided. Even though Antoinette has agreed to marrying him, Mr Rochester does not respect his marriage. He even engages in amorous activities with Amelie, the help. This also creates possible tension in the readers, who cannot believe Mr Rochester would do such a thing.

Also, while in Jane Eyre, Jane Eyre is able to practice self-control when it came to choosing between staying at Thornfield Hall as Mr Rochester's mistress or leaving, in Wide Sargasso Sea, Antoinette Cosway was not as fortunate. The thought of another woman had served as a psychological trigger, unleashing the insanity she had inherited from her mother, Annette. This can be observed when Mr Rochester narrates: 'She lifted her eyes. Blank lovely eyes. Mad eyes. A mad girl.' It can be said that this turn of events caught readers' attentions and urged them to continue reading.

This goes to show that, as human beings, we are subject to the pain of passion and intense self-control when it comes to living our lives. We learn self-control to prevent hurting others and experience passion in areas of variety such as love and work. In a nutshell, we have to take hold of our desires and tame them so as to prevent unnecessary strain on ourselves, as is shown in Charlotte Bronte's Jane Eyre.

Marks: 33.5/40

~#~

Whoo~ This is my personal best, honestly. And I liked what I wrote too. Haha, that's the egoist in me speaking :P

CIAO!!

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リトリチャ Ep 14

Alright, I just recently received my Literature essay results :D The good thing is my results were better than in my Qualifying Test. The bad news is, I didn't get an A :(

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Question:
"Some poets writing about home explore the theme of memory."
Using Alfred Lord Tennyson's Mariana (Oxford Anthology of English Poetry) as a starting point, compare and contrast how poets explore the theme of memory in at least one other poem.

Answer:

Some poets writing about home explore the theme of memory. Such poems which portray that theme would be "Mariana", by Alfred Lord Tennyson and "To My Mother", by George Barker.

In Alfred Lord Tennyson's "Mariana", the persona remembers details of her home. For example, 'with blackest moss the flower-pots were thickly crusted, one and all: The rusted nails full from the knots that held the pear to the gable-wall. The broken sheds looked sad and strange: unlifted was the clinking latch; weeded and worn the ancient thatch upon the lonely moated grange'. The setting of her home becomes her greatest ally in remembering what home feels like and allows the poem to build up from there.

Similarly, in "To My Mother", George Barker has the persona recall details of his home, no matter how minor. For instance, the persona remembers that his home houses a cellar where his mother may 'scuttle' to. Little details like such become a strong trigger when writing about a person's home.

Apart from that, poets use specific words which act as some form of specificity. In "Mariana", Alfred Lord Tennyson uses the word 'the' to emphasise on this specificity. For example, in the fifth stanza, he writes: 'In the white curtain, to and fro, she saw the gusty shadow sway'. The word 'the' was not substituted with 'a' or any other term that may suggest vagueness or the assumption that it might not be there at all. Rather, it provided finality that there was indeed a white curtain which would billow to and geo in the persona's home.

The word 'the' is also used fairly often in George Barker's "To My Mother". For example, in the first stanza and second line, the persona says: 'Under the window where I often found her'. Once more, the persona did not say: 'Under a window', because it was not the exact window he was referring to in which he often found his mother under. This shows how precise one's memory of home can be.

Thirdly, Alfred Lord Tennyson used life to explore the theme of memory. In "Mariana", the example would be in the sixth stanza where he writes: 'All day within the dreamy house, the doors upon their hinges creaked; the blue fly sung in the pane; the mouse behind the mouldering wainscot shrieked'. This would normally suggest a high degree of repetition in the persona's life and therefore provides the monotonous feeling of forever being present at home.

As with Alfred Lord Tennyson's "Mariana", George Barker's "To My Mother" also uses life to explore the theme of memory. For example, 'the lame dogs and hurt birds that surround her'. The persona remembers these certain things that reinforce his memory of home.

While Alfred Lord Tennyson and George Barker share some similarities in that sense, there are also differences between their methods on exploring the theme of memory. For instance, in "Mariana", Alfred Lord Tennyson was a great deal of nature to highlight his memories of home. Examples include the persona narrating: 'Upon the middle of the night, waking she heard the night-fowl crow' and 'And ever when the moon was low, and the shrill winds were up and away'. The environment plays just as important a role as life does in memory, which is present in "To My Mother", by George Barker.

In "To My Mother", George Barker uses the persona's mother as the embodiment of 'life'. By recalling the little habits that his mother used to do, like 'lean on the mahogany table like a mountain', the persona is able to remember his home, such as the existence of the 'mahogany table' his mother can 'lean on'.

In actual fact, it is the main source of our recollection of home. Memories of our childhood, memories of us growing up; they resolve around our home and that is why when poets write about home, the theme of memory becomes an irreplaceable asset.

Marks: 31.5

~#~

Alright, so this is about it for the poem part. I'll be posting the prose part after this :D

CIAO!!

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リトリチャ Ep 13

Here's a Literature post that I had to do in class today :D A few more Literature posts coming up, though, so be prepared :D

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Question:
Writing from John Reed's point of view, retell the fighting scene with Jane Eyre.

Answer:

Oh, fudge! There’s never anything to do in this Godforsaken house. Lizzy and Georgy are playing with their dolls again. Ugh, stupid fools; I will never see the point in making inanimate objects move.

It was then that I spied a book from the corner of my eye. It was the ‘History of Rome’, from some douchebag Goldsmith.

Holy muffins, she’s been touching my books again. Who, you may ask? Well, that ninny Joan, of course. I have seen her prowling about with my books in her hands. Filthy, filthy hands. I will have to burn that book.

I smirked like how a venomous villain would.

Well then, someone has to teach her a lesson. Who better to do it than me?

I open the door to the breakfast-room and peered in.

“Boh! Madame Mope! Where the dickens is she?” I turned towards the drawing room, “Lizzy! Georgy! Joan is not here: tell mamma she is run out into the rain ­– bad animal!”

Lizzy poked her head into the breakfast-room and then turned to me, saying, “She is in the window-seat to be sure, Jack.” And, sure enough, when I walked in, there she was, the little grub, standing by the curtains.

“What do you want?”

The nerve of that swine. How dare she address me with not so much as an honorific? She should know her place.

“Say, ‘what do you want, Master Reed’.”

I could see the fear in her bloodshot eyes. She was terrified of me.

And she should be. I am the master of the house and I am not about to let anybody forget it. Not even mamma.

She moved towards me then and I stuck my tongue out at her for about three minutes. I thought she would crumble under my gaze, but I was more astonished at hers. To say I was annoyed would be an understatement. I was enraged. Immediately, I struck her hard and watched in – what must have been maddening for her ­– glee as she stumbled backwards.

“That is for your impudence in answering mamma a while since and for your sneaking way of getting behind curtains, and for the look you had in your eyes two minutes since, you rat!” I paused for her response, but she remained silent. “What were you doing behind the curtain?”

She finally answered, “I was reading.”

The little pest! She has the gall to read my books?

“Show the book.” When she handed it to me, I snatched it away, saying, “You have no business to take our books; you are a dependent, mamma says; you have no money; your father left you none; you ought to beg, and not live here with gentlemen’s children like us, and eat the same meals we do, and wear clothes at our mamma’s expense. Now, I’ll teach you to rummage my bookshelves: for they are mine; all the house belongs to me, or will do in a few years. Go and stand by the door, out of the way of the mirror and the windows.”

As she walked towards the direction I pointed, the wheels in my head turned. I gripped the book hard and positioned it as such that it aimed right at her head. And, just as she realized what I was trying to do, threw it with all my might. The cry that followed was pure gold and I watched with fascination as the blood trickled down her pale face.

But this time, she did not just stand idly by after taking the hit. In fact, she snapped at me! Called me a slave driver!

“What! What! Did she say that to me? Did you hear her, Eliza and Georgiana? Won’t I tell mamma? but first –”

I pulled her hair and bruised her shoulder. The wretch deserved it, for attacking me as she did. Before I could continue, Bessie and Abbott dragged the runt off.

To the Red Room, no doubt. Hah! She will die from here in there, if not from the untreated wound I inflicted upon her head. That will teach her! Nobody defies me, for I am the master of this household. I will outlive the rest of the imbeciles under this roof.

I’ll show them.

~#~

That's all for now :) CIAO!!

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リトリチャ Ep 12

Here's a class activity that we did on the 14th of March. Yes, yes, kinda outdated, but I had only just received this recently so... :D

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Question:
Create a poem revolving around past memories.
Ensure that structure and form of poem contributes to overall meaning.

Answer:

People live, people die, in the blink of an eye
With her I spent little time, too little time
I knew too late of her fading, fading life
Spent time with her only by her deathbed, by her side

Pets come, pets go, little did I know
Life is vulnerable and subject to disease so
The time she spent on Earth, so very, very low
Life is like a gun, a gun I can't reload

Spirits fly, spirits sink, in both you and me
It makes one wonder much, it makes one really think
My marks of 57% slapped me hard, tears it did bring
I did not realise I sucked so much in English Lit

Comment: You do not (referring to the last line). You write and express yourself well, don't be discouraged, k? :)

~#~

That's about it for today :D

CIAO!!

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法則 Ep 6

Here's another Law post :D It was written on the 21st of February but he returned this also just recently, so that's why it's up so late -.-

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Question:
Examine the claim that the rules of precedent provide sufficient flexibility for judges at all levels of the hierarchy.

Answer:

The doctrine of judicial precedence has been practiced in England for many centuries and it is a pillar of the English legal system. This doctrine operates when judges dealing with a current case with similar facts of a previous case shall apply the same law applied in the previous case. Different levels of court within the hierarchy apply different rules of departing from their own precedence.

For civil cases, the courts involved are the European Court of Justice, the Supreme Court, the Court of Appeal, the Divisional Courts, the High Court, the Crown Court, the County Court and the Magistrates’ Court. These courts are further divided into two categories; appellate courts and courts of first instance.

Appellate courts involve the European Court of Justice, the Supreme Court, the Court of Appeal and the Divisional Courts. The Courts of first instance include the High Court, the Crown Court, the County Court, and the Magistrates’ Court. Each court is bound by all previous precedents as well as higher courts except in the case of inferior courts like the Crown Court, County Court and Magistrates’ Court.

Despite the fact that courts are bound by previous precedents and higher courts, there are claims stating that the rules of precedent provide sufficient flexibility for judges at all levels of the hierarchy. The only courts which do not have this flexibility are the inferior courts.

One method of departing is distinguishing. This allows a judge to ignore a past decision which he would otherwise have to follow. For this to be applied, a judge has to draw a distinction between the previous precedent and the present case. One example would be the Balfour v Balfour (1919) and the Merritt v Merritt (1971). Both cases involved a wife claiming her husband had committed a breach in contract. In the Balfour case, the claim did not succeed because no legal relations were intended – it was a domestic arrangement between a man and his spouse so there was no legally binding contract. This made it significantly different from the Merritt case because the agreement was made after the husband and wife had separated. Also, there was proof of the agreement in writing. Therefore, the claim succeeded.

There is also the case overruling, where a court in a later case states that the legal rule decided in the previous case is wrong. It may occur when a higher court overrules a decision made a by a lower court. For example, when the European Court of Justice overrules a decision made by the Supreme Court. It can also occur when a court overrules a past decision it has made or when the Supreme Court used its power under the Practice Statement to overrule its past decision.

The Practice Statement states that ‘their Lordships recognize that the rigid adherence may lead to injustice in a particular case and unduly restrict the proper development of the law. They propose, therefore, to modify their present practice and while treating former decisions of this House as normally binding, to depart from a previous decision when it appears right to do so.’ Although there is some reluctance on the Supreme Courts’ part, the Practice Statement undeniably provides some form of flexibility to the court. Some cases where the Practice Statement was used are the Miliangos v George Frank (Textiles) Ltd (1976), Anns v Merton London Borough (1977), and Pepper v Hart (1993).

Lastly, there is the reversing method, which allows courts higher up in the hierarchy to overturn the decisions of lower courts on appeal in the same case. For example, if the Court of Appeal disagrees with the legal ruling of the high Court, they may reverse the decision. This is most likely to happen if the higher court comes to a different view of the law than the one made by the lower court.

In light of the above arguments, there is truth in the claim that the rules of precedent provide sufficient flexibility for judges at all levels of the hierarchy.

Marks: 19/25

~#~

As usual, I don't know where the other 6 marks went to, but I'm way too pissed to be asking my lecturer why.

That's about it, then. 

CIAO!!

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法則 Ep 5

Okay, this was actually written on the 31st of JANUARY 2013, but since my lecturer only graded and returned our papers today, here's a little Law post :D

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Question:
Consider how the doctrine of binding precedent operates in the English courts, having particular regard to its advantages and disadvantages.

Answer:
Ratio decidendi, which means ‘the reasoning of the decision’, is the part of the decision that is persuasive, or otherwise binding. Judges use these principles to decide the outcome of a case and create a precedent for them to follow in future cases. On the other hand, an obiter dictum includes the rest of the judgment at the end of the case and is not necessary for them to follow in future. However, since the judgment is usually given in continuous form, it is important to divide the obiter dicta from the ratio decidendi.

From the ratio decidendi, a binding precedent may be formed. This precedent must be followed even if future judges do not agree with the legal principles. It is also created when there are similarities between a case and its previous one. The position of the court of record in the hierarchy should be noted, as this will determine whether the ratio is binding or persuasive.

Every court is bound to follow decisions made by a court above it in the hierarchy. These courts are divided into Appellate courts and First Instance courts. Appellate courts include the European Court of Justice, the Supreme Court, the Court of Appeal and the Divisional Court. Courts of the First Instance include the High Courts and the Inferior courts involving the Crown, Country and Magistrate courts.

The European Court of Justice, in the hierarchy, holds the highest power among courts affecting the English Legal System. It is also prepared to overrule its past decisions where they see fit. Therefore, it is safe to say that the European Court of Justice is more flexible than other courts. However, in the case that there are laws unaffected by European Union laws, the Supreme Court is the supreme court.

The Supreme Court is the most senior national court. Like the European Court of Justice, the Supreme Court is not bound by its past decisions, but in general, they keep to them. However, their decisions bind other courts.

The Court of Appeal, or in this case, the Civil Court, is bound by the European Court of Justice and the Supreme Court. Apart from that, they must follow their own previous decisions too.

There are three types of Divisional Courts, namely the Queen’s Bench, Chancery and Family. These courts are all bound by decisions made by European Court of Justice, the Supreme Court and the Court of Appeal. They also follow their previous decisions but are flexible when the point involves the liberty of the subject.

Courts of First Instance include the High Court and Inferior courts. The High Court, like other courts, is bound by decisions of all the courts above it in the hierarchy. They also bind lower courts. Although the High Court judges do not have to follow each other’s decisions, they will usually do so.

Inferior Courts, which are the Crown Court, County Court and Magistrates’ Court, are bound to follow decisions carried out by all the higher courts and it is unlikely that a decision by an inferior court can create precedent.

There are a few methods for a judge to avoid following a previous decision. For the method of distinguishing to work, the judge will have to find material facts of the case which have distinctive differences between the present case and the previous precedent. When this is accomplished, the judge is not bound by the previous case.

For instance, the two cases that can attest this process are Balfour v Balfour (1919) and Merritt v Merritt (1971). These cases involved a wife making a claim against her husband for breaching a contract. In the Balfour case, it was decided that the claim was invalid because no legal relations were intended. There was no legally binding contract because it was merely an arrangement made domestically between a husband and wife.

However, the Merritt v Merritt (1971) case was successful because although both parties involved husbands and wives, the court held that the facts between the two cases were sufficiently different in the sense that the agreement was made after they had separated. Moreover, the agreement was made legitimate in writing. This distinguished the Merritt case from the Balfour case and therefore the agreement in Merritt was not just a domestic arrangement but meant as a legally enforceable contract.

There are a few advantages to the way it is carried out. Of the advantages, one of them includes certainty. Since the courts have to follow past decisions, it allows lawyers to advise clients with more positive assurance because they know what the law is and how it works in particular situations.

Furthermore, precedents provide consistency and fairness in the law since it is seen as just that similar cases should be decided in a similar way. It also offers precision as the principles of law are set in actual cases. This allows gradual build-up through the different variations of facts in the cases that come before the courts.

Another advantage is that precedents save time. This is because precedents can be considered as a useful timesaving device. When the principle is established, cases with similar facts will be unlikely to go through the process of litigation.

In terms of flexibility, precedents give room for law to change as the Supreme Court may use the Practice Statement to overrule cases. This ability to distinguish cases gives courts a certain portion of freedom to avoid past decisions and develop the law.

As with every advantage, there are disadvantages as well. These include rigidity. Since lower courts have no choice but to follow decisions of higher courts, bad decisions made in the past may be preserved.

Apart from that, there is the issue of complexity. The judgments are, by themselves, often very long and have no clear distinction between comments and the reasons for the decision. This will make it challenging in some cases to separate the ratio decidendi from the decision.

There would also be cases of illogical distinctions because the use of distinguishing, to avoid previous decisions, may lead to ‘hair-splitting’. The differences between these cases, therefore, may appear small and illogical.

Lastly, there is the slowness of growth. Some judges are acquainted with the fact that some laws need amendments. However, they cannot do anything about it unless it is brought before the courts. Therefore, there may be quite a while for a suitable case to be appealed as far as the Supreme Court.

Marks: 18/25

~#~

Honestly, I don't know where the hell the rest of the marks went because I wrote one heck of a long essay. 

Oh well -.-

That's about it, then. CIAO!!

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法則 Ep 4

Alright, here's another Law post. I know I haven't been updating daily, but at least this will help make up for it :)

This essay was my 1st continuous assessment, by the way :D

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Question:
Evaluate the doctrine of sovereignty in the context of UK membership of the European Union.

Answer:
Under the doctrine of sovereignty, Parliament in the United Kingdom has the power to make laws or overrule customs, delegated legislations, judicial precedent and Acts of Parliament.

The system of Parliamentary sovereignty – also known as Parliamentary supremacy – was based on democratic law-making. Members of Parliament were elected by voters in the constituency. Although this system was supposed to be democratic, some democracy was lost because the Members of Parliament were elected only by a small number of voters. Also, civil servants were involved, giving the system more simplicity. The election is carried out once every five years.

The doctrine of Parliamentary sovereignty can be most easily explained using Professor Dicey's statement. His statement was that "Parliament can make and unmake law". Professor Dicey also provided three main things that Parliament could do. The first was that Parliament could make law whenever it wanted to. Secondly, the decisions made by an Act of Parliament cannot bind future Parliament and in turn, is not bound by previous decisions made by a previous Parliament. Thirdly, an Act of Parliament cannot be overridden or overruled by lower courts.

In general, Professor Dicey's statement proves to be true. However, since the entry of the United Kingdom into the European Union, the doctrine of sovereignty, to some extent, because slightly challenged. While it is undeniable that Parliament has a hold on its lower courts, it is almost as undeniable to say that Parliament lost some of its power when it entered the European Union by passing the European Communities Act 1972.

One such example is in the case of Macarthys Ltd v Smith. In this case, it was shown that Wendy Smith claimed that her male predecessor was given a higher salary. However, since the employer had not hired them at the same time, it could be said that no contract was breached. Despite that, her claim was confirmed by the European Court of Justice on grounds that man and women should be treated as equals and therefore be given the same salary.

Another similar case involved a lady, Connaughton, making a claim stating that after she left her job, the position was offered at a higher pay. To make things worse, the successful candidate, a man, to the post then procured it at a much higher salary than advertised. Thus, the European Court of Justice acknowledged this in a way that was similar to Wendy Smith's case. The only difference was that while Wendy Smith's case had a reference to her predecessor, Connaughton's case had a reference to her immediate successor.

In light of the above statement, the entry of United Kingdom into the European Union did rob the United Kingdom of its absolute supremacy. Since the European Communities Act 1972 was implemented, it became certain that the Community had the higher power pertaining to certain subjects or situations where its Member States were concerned.

While it is possible, in theory, for the United Kingdom to withdraw its membership from the European Union, in practical it could be seen as unwise. This is because in doing so, the United Kingdom would suffer from very heavy serious consequences. In situations such as this, it might just be a better option for the United Kingdom to remain in the European Union, at least until it has built a stronger foundation to rely on.

To conclude this evaluation, it is arguable to say that the doctrine of sovereignty related to the Parliament is absolute. However, it is generally perceived as supreme.

Marks: 20/25

~#~

I got higher marks than I did for QT for this, although I totally bullshitted this paper -.-

Alrighty then :) I'll blog more educational posts later :)

CIAO!!

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心理学 Ep 1

Mwahaha. I'm going to try a completely different approach now :) Here's a Psychology post :D

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Question:
During the Olympic Games in London, John and his friend James went to watch a soccer game. After the match, the fans of both teams ended in a fight at the bar. Being a polite and soft spoken man, John did what is unexpected of him and participated in the fight fiercely.

Use the knowledge that you learn in Social Approach, describe John's behaviour.

Answer:
To explain John's behaviour, and even the behaviour of the soccer teams' fans, the Social Identity Theory and the Agency Theory may be used.

In the event that the soccer teams, Team A and Team B, play in the game and Team A wins, a certain fan of Team A will feel superior to fans of Team B. He will then compare downwards towards fans of Team B. This phenomena is also known as social comparison.

When fans of Team B hear these comparisons, they will feel angry and compare themselves upwards through physical violence like shoving or kicking. When fans of Team A see this, they automatically join in and save the Team A fan, assaulting the opposite team's fans in return by identifying themselves through the jerseys they wear or the paint on their faces. As the fight continues, the segregation between the two groups grow stronger and stronger as they start casting each other as their in-group or out-group. This is part of social categorisation.

At this point, John will enter the bar and see the fight. He will process the fact that Team a fans are being beat up by Team B fans and, being a fan of Team A, jump in to 'protect his kin'. Here, he switches off his autonomous state, which is the state when he's polite and soft spoken, to the agentic state, which is when all his actions will not be accounted by him.

This is how a bar fight usually starts, and, using the Social Identity Theory and Agency Theory, it is possible to discuss and describe why and how it happened.

Marks: 7/8

~#~

I have no idea where the other 1 mark went -.- I could have gotten a higher score :'( My overall score was fantastic, though. I thought I was going to fail.

I didn't :D

I got 25/40, which is a 60+. I can't remember the exact mark -.- Will try my best to update my day soon :D

CIAO!!

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法則 Ep 3

Question 2 of my Law QT :D

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Question:
Explain what is common law and its relationship to equity.

Answer:
Before common laws came about, the people relied on customs, which were acts that were dubbed as being the norm. Judges would then place judgment on offenders based on those customs.

However, after a period of time, the King decided to choose and specify which customs would prevail. Thus, this collection of customs became known as common laws.

Common laws are very closely related to equities. In fact, equities came into existence because of the flaws presented in common laws. Equities became the second option – and the more favoured one – where law was concerned. One of the reasons is because the only remedy common law could impose was ‘damages’. ‘Damages’ was a way of compensation by offering the claimant a certain amount of money.

Although this may have sounded pleasing to the plaintiff’s ears, it might not have been the best method to solve the matter between the two parties. This is because the plaintiff might want what was taken rather than a sum of money to substitute it.

This was where equities made the difference. Since there were equitable maxims and equity remedies, everything fell apart for common laws. Furthermore, the winning side would be able to claim both ‘damages’ and a remedy if the judge thought that ‘damages’ was not enough to compensate for their loss.

In the event that common law and equities should come into conflict, however, it was decided that equities would be the one to be followed. As long as common laws and equities existed among each other, there would naturally be conflicts because common law would support one side of the court and the equity would support the other.

In light of what has been mentioned above, although common laws and equities are technically polar opposites, there they are, indeed, closely related.

Marks: 19/25

~#~

Alrighty. That's my Law QT for you :P

My overall score for the whole paper was 76%, which I think was pretty good considering I thought I did quite bad. Plus, it's an A* :D

CIAO!!

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