Capital Punishment is an Act - Free Essay Example

Sample details Pages: 2 Words: 667 Downloads: 10 Date added: 2019/03/11 Category Law Essay Level High school Tags: Capital Punishment Essay Did you like this example? Introduction Capital punishment is an act that has been used around the world for centuries. In fact, the earliest record of capital punishment dates all the way back to the Roman government in the fifth century (Part I: History†¦). Capital punishment was used in America even before the Revolutionary War. European colonists brought their methods of justice and punishment with them whenever they immigrated here. In America, there are two sides to this issue, but there is a compromise that can be reached. To begin, many would argue that capital punishment should be abolished because it is inhumane. As humans, who is qualified to say who lives and who dies? On all basic levels, all humans are the same. They all have downfalls, and some make mistakes. Humans, though, are capable of rehabilitation. Allowing capital punishment disables criminals from having the opportunity of changing themselves. A rehabilitated criminal could function as a productive citizen of society. Also, capital punishment is archaic and primitive. In 2018, humans should be able to solve problems and deliver punishment without the threat of death. Lastly, lethal injection malfunctions have happened in the past, and they will inevitably continue to happen. Right here in Oklahoma, Clayton Lockett was sentenced to death, and his execution was botched. Jerry Massie, Oklahoma Department of Corrections spokesman, informed BBC News that one of Lockett’s veins blew and that the drugs were not working as anticipated ( Gill). Lockett seized and was struggling to move his arms and legs, while trying to speak. It took 43 excruciating minutes for Lockett to die. Capital punishment is inhumane. Don’t waste time! Our writers will create an original "Capital Punishment is an Act" essay for you Create order However, many would argue that capital punishment is necessary because justice needs to be served. While those who are against capital punishment would say that it is inhumane, those who support it would say that criminals who would be receiving it are inhumane. Supporters of capital punishment would remind those who are apprehensive that actions have consequences, and some actions require severe consequences. Next, capital punishment is a way to show victim’s families that they are recognized and not forgotten. By allowing heinous murderers to live out the rest of their lives in a prison with food, housing, and health care would be disrespectful to victim’s families. To continue, capital punishment is a deterrent to crime. David Muhlhausen gathered from research that â€Å"each additional execution appears to deter between three and eighteen murders† (Muhlhausen). In his article he also mentioned that the shorter the wait on death row, then the greater the deterrence of crime. Finally, many would insist that capital punishment in necessary in America. While there are two sides to this issue, there is a common ground and a compromise can be reached. Supporters on both sides of the issue would agree that they all value human life, and that consequences do need to be dealt to those who commit terrible crimes. A solution to this problem could be that only the most heinous criminals should be sentenced to death. Any cases that involve dismemberment or serial crimes, such as murder or rape, could be subjected to the death penalty. However, the risk of lethal injection is too great. Instead, America should return to the firing squad. There have been too many experiences where lethal injections have been botched and inmates have gone through cruel pain. Between 1890 and 2010, 3.15% of 8,776 executions have been botched (â€Å"Botched Executions†). Of that 3.15%, none were from a firing squad. Using a firing squad is the most humane method of execution. Conclusion In conclusion, capital punishment can be argued to be both necessary and unnecessary. There are definite pros and cons to each side of the issue, but a compromise can be reached. Capital punishment should only be used in the most extreme cases, and it should be done by a firing squad. Being united on this issue will make America stronger as a country. One can assume that no matter what side a person agrees with on this issue, human life is precious to all.

The Structure of Hawthornes Young Goodman Brown Essay

â€Å"Young Goodman Brown† – the Structure Q. D. Leavis in â€Å"Hawthorne as Poet† mentions Nathaniel Hawthorne’s â€Å"Young Goodman Brown† as â€Å"essentially dramatic† : â€Å"The first batch of works I specified [including â€Å"Young Goodman Brown†] is essentially dramatic, its use of language is poetic, and it is symbolic, and richly so, as is the dramatic poet’s. . . â€Å" (27) This essay will examine this and other features of the structure of Hawthorne’s short story. Leavis’ evaluation of the story’s structure as â€Å"essentially dramatic† is consistent with the view expressed by Clarice Swisher in â€Å"Nathaniel Hawthorne: a Biography.† She states: â€Å"Biographers and critics of Nathaniel Hawthorne must deal with opposites – determination†¦show more content†¦Say thy prayers, dear Faith, and go to bed at dusk, and no harm will come to thee. Goodman’s opposite, Faith, leads off the dialogue; her opposite, Goodman, responds; then she responds to him; then he responds to her. Back and forth, like actors on a stage. Isn’t it obvious why critics say that â€Å"Young Goodman Brown† is written in â€Å"dramatic† form or structure? Is the dramatic structure continued through the length of the tale? A. N. Kaul maintains that Hawthorne â€Å"introduced into the art of prose narrative a severe, if not always sustained, sense of structure. . . . â€Å" (3) For this reason we see the back-and-forth verbal exchange continue all along the journey to the coven site: Come, Goodman Brown! cried his fellow-traveller, this is a dull pace for the beginning of a journey. Take my staff, if you are so soon weary. Friend, said the other, exchanging his slow pace for a full stop, having kept covenant by meeting thee here, it is my purpose now to return whence I came. I have scruples, touching the matter thou wotst of. Sayest thou so? replied he of the serpent, smiling apart. Let us walk on, nevertheless, reasoning as we go, and if I convince thee not, thou shalt turn back. We are but a little way in the forest, yet. Too far, too far! exclaimed the goodman, unconsciously resuming his walk. My father never went into the woods on such an errand, norShow MoreRelated Structure of Hawthornes Young Goodman Brown Essay example1216 Words   |  5 PagesStructure of â€Å"Young Goodman Brown†Ã‚  Ã‚         â€Å"Almost all literary theorists since Aristotle have emphasized the importance of structure, conceived in diverse ways, in analyzing a work of literature† (Abrams 300). This essay will explore some interesting points in the structure of Nathaniel Hawthorne’s â€Å"Young Goodman Brown,† considering the time-frame, foreshadowing, suspenseful incidents, climax and denouement (Axelrod 337).    The narrative in this tale is straightforward until the narratorRead More Ambiguity and Uncertainty in Hawthornes Young Goodman Brown1512 Words   |  7 PagesAmbiguity and Uncertainty in Young Goodman Brown   Ã‚  Ã‚   In Young Goodman Brown, Nathaniel Hawthorne, through the use of deceptive imagery, creates a sense of uncertainty that illuminates the theme of mans inability to operate within a framework of moral absolutism.   Within every man there is an innate difference between good and evil and Hawthornes deliberate use of ambiguity mirrors this complexity of human nature. 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Brown’sRead More The Deeper Meanings of Hawthornes Young Goodman Brown Essay1945 Words   |  8 PagesThe Deeper Meanings of Young Goodman Brown Young Goodman Brown, a story written by Nathaniel Hawthorne, should be interpreted on a psychoanalytical level rather than a religious one. It is my observation that Young Goodman Brown may very well be the first published work alluding to divisions of the mind and personality theory. Although religion is a direct theme throughout the story, Young Goodman Brown appears to be an allegory with deeper meanings. To explore properly my positionRead More The Symbolism of Hawthornes Young Goodman Brown Essay2725 Words   |  11 PagesThe Symbolism of â€Å"Young Goodman Brown†Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚        Ã‚   Nathaniel Hawthorne’s short story, â€Å"Young Goodman Brown,† shows the reader the author’s power as a symbolist.    Frederick C. Crews in â€Å"The Logic of Compulsion in ‘Roger Malvin’s Burial’† explores the symbology that prevails in Hawthorne’s best short stories:    . . . I chose this one tale to analyze because it illustrates the indispensability, and I should even say the priority, of understanding the literal psychological dramasRead MoreElements of Fiction in Young Goodman Brown Essays1761 Words   |  8 Pagesof Fiction are Used in Hawthorns Young Goodman Brown Desiree Terry English Composition II 23 February 2012 Outline Introduction Thesis: Hawthorne uses the Elements of fiction in Young Goodman Brown to depict a story of his family’s history and religious background. I Hawthorne uses time periods, location and physical structure settings that all relate to the Purity society and his historical family story. A. The first setting in young Goodman brown was set in Salem village. This isRead MoreThe Birthmark By Nathaniel Hawthorne1426 Words   |  6 PagesLiterature can be especially revealing in the values and societal structure of the time period during which it was written. For example, in the time of ancient Greece, a matriarchy was prominent, demonstrated by their myths and stories that worshipped female gods or mother-like creators. Later, in the early 1800’s, a patriarchy was strongly evident in American literature. Women were portrayed as weak and appearance-centered beings who had no value, while men were presented as strong heroes who hadRead More Symbolism in Hawthornes Young Goodman Brown Essay examples2488 Words   |  10 Pages     Ã‚   Nathaniel Hawthorne’s tale, â€Å"Young Goodman Brown,† is rich in symbolism, as this essay will amply illustrate. Hugo McPherson in â€Å"Hawthorne’s Use of Mythology† explains how the author’s â€Å"inner drama† may be expressed in his symbolism: The imaginative foundation of a writer’s work may well be an inner drama or ‘hidden life’ in which his deepest interests and conflicts are transformed into images or characters; and through the symbolic play of these creations, he comes to ‘know’ the meaning

Contract Law Payment of Consideration

Question: Discuss about the Report for Contract Law of Payment of Consideration. Answer: Issue: Based on the facts, the issue that takes place here is, whether an enforceable agreement exists with the giving of Lotus Super 7 or not? Relevant Rule: For existence of valid contract between the parties, it is important that the element of consideration is present (Durrant, 2013). A contract that does not fulfill the requirement of consideration, the contract is deemed to void. Consideration means payment of the price by the promisee to the promisor in return of service or fulfillment of the promise made between them. Gratuitous promises are not enforceable in the court of law (Garg, 2014). Thus, promise that is made without the involvement of consideration is not enforceable and it is simply considered a Nudum pactum (McKendrick, 2014). Roscorla v.Thomas is a famous case law in relation to payment of consideration. This case took place in the year 1842 wherein Thomas bought a horse on the promise that it shall be a well behaved and a mannered horse (Hillman, 2012). However, later it was noted by Thomas that the horse was ferocious by nature. The contract that existed between Roscorla and Thomas was not an enforceable contract as there was lack of consideration between the parties to the contract (Puil Weele, 2014). Application: In the given case study, the contract that existed between Jane and Jack is not enforceable as there is lack of consideration and can only be considered as a gratuitous promise between them. Conclusion: Hence, due to lack of consideration the contract can be declared as unenforceable. b: Issue: Based on the facts, the issue that takes place here is whether the contract that existed between Jane and Jack is enforceable or not? Relevant Rule: For a contract to be legally valid, it is important that the valid requisites be fulfilled such as offer, acceptance, competency, consideration and absence of undue influence or coercion. Additionally, intention of creating a legal relationship should also be present (Landa, 2014). If the mentioned requisites are fulfilled appropriately, a contract can be deemed as valid and enforceable in the court of law. Application: In the given case study, the contract that existed between Jane and Jack is enforceable and legally binding on both the parties to the contract. In this case, Jane is the offeror and Jack is the offeree. Jack accepts the offer that is made to him by Jane. Hence, the legal formality of offer and acceptance is completed at this stage of the contract. Additionally, the contract that existed between Jane and Jack involves presence of 25000 dollars as consideration, which Jack has to pay to Jane. This means that the legal formality of presence of consideration to make a contract valid is also completed between them. Conclusion: Thus, all the necessary requites of a valid contract existed between Jack and Jane making the contract enforceable. C: Issue: Based on the facts, the issue that takes place here is, whether the consideration offered is sufficient or not? Relevant Rule: The law of contract imposes no restriction on the parties to the contract in association to consideration of contract, as long as the consideration is sufficient. The promisor does the calculation of the feasible amount of consideration, as he is the one who will receive the amount of consideration in exchange of some service or product (Ayres Schwartz, 2014). The offeree does not have the authority to quantify the amount of consideration. However, he may be allowed to bargain with the price as long the consideration is sufficient (Niu, 2015). In the year 1959, Lord Somervell decided a famous in relation to sufficiency of consideration. In the case of Chappel v. Nestle, He opined that a peppercorn could be considered as a valid consideration as it is valuable and if the promisor has measured the same (Andrews, 2016). As already stated, if the consideration is a stipulation of the promisor or the offeror that it shall be considered as valid unless the stipulation is not against law. However, it is important that the consideration is in existence and holds some value in the eyes of law. A good consideration should not be illusionary in nature (Chen-Wishart, 2012). Application: In the given case study, it can be held that the consideration offered by Jane was valid and valuable in the eyes of law even if less than the market value of the car. Conclusion: Since Jane, being the offeror herself calculated the amount of the car the consideration can be regarded as valuable and sufficient. Part B: Facts: A shipbuilder formed an agreement with the builder to build a tanker for North Ocean Tankers. The consideration of the contract was decided in US dollars and did not have any conditions of currency changes. While the project was in its halfway, the price of currency of the United States devalued by 10 percent. The shipbuilder demanded for extra 3 million dollars or it would stop work. The buyer agreed to pay the excess the amount until nine months of delivery. Issue: Based on the facts, the issue that takes place here is, whether the buyer would be successful in the claim for the amount that has been obtained in excess by North Ocean Tankers or not? Relevant Rule: According to the common law, consideration is regarded as a special element that should be considered for formation of contract. In the case of Universe Tankships Inc. of Monrovia v International Transport Workers Federation, it was held that plaintiffs could recover the amount that is paid by them as that time the defendant was giving unreasonable threat that they would not release the ship if the amount were not paid to them reasonably. The plaintiffs paid the price to the defendants at that moment, however later on they filed a suit against the defendants for recovery of the amount that was paid (Reid, 2015). In the landmark case of Williams v Roffey Bros Nicholls (Contractors) Ltd, a contract existed between the principal contractor and the sub contractor for doing work related to carpentry. The initial consideration of the contract was 20,000 pounds, however, on a later date it was seen that the price was underestimated. The principal contractor got worried as to whether the work that he allotted to the sub contractor would be completed within the stipulated time or not. The principal contractor was afraid of the penalty that he might have to pay due to delay in the work of the sub contractor. Consequently, the principal contractor paid about 10,300 pounds to the sub contractor. However, later the amount was not paid to the principal contractor by the sub contractor. The principal contractor filed a suit against the sub contractor for recovery of the amount that was paid to him in excess of the original contract amount. The Court held that the sub contractor liable for payment of the e xtra amount as the contract that was entered between them was in lieu of the payment that he had stipulated (Houh, 2014). Likewise, in the case of the Universe Senitel, a ship that would operate in Liberia became black listed by the trade association. Resultantly, no tug boats were accessible so the ship could not said and thus it followed devastating results. The trade union forced for payment of their wellbeing fund as a stipulation to eliminate the name from the blacklist. The proprietor of the ship paid the money to the Union but then the plaintiff won the case for recovery of the money as the case involved influence under the doctrine of economic duress (Durrant, 2013). Application of law: In the given case study, since there was a likelihood that the North Ocean Tankers might suffer a loss if the shipbuilder refused to complete the building of the tanker hence the doctrine of consideration can be invoked in this case. It would be regarded that there are two contracts in existence, one that was an initial contract having original terms and conditions between the shipbuilder and the North Ocean Tankers and the second contract that was to pay the lack of funds for completion of the allotted work. Thus, the doctrine of consideration shall be applicable. In the case of Universe Tankship, there was presence of economic duress. Likewise, in the given case study as well there is presence of economic duress. Economic duress means using threat to cause damage to a persons financial interest. The doctrine of economic duress first evolved in the case of the Siboen. It was held by the Privy Council in this case that the use of economic duress shall make a contract void and the doc trine of consideration in the given case shall not become active. Conclusion: Similarly, in the given case study, as well, the use of economic duress was involved and thus the second contract was not valid allowing the shipbuilder to recover the amount that he paid in excess (Garg, 2014). References: Andrews, N. (2016). Sources and General Principles of English Contract Law. InArbitration and Contract Law(pp. 165-175). Springer International Publishing. Ayres, I., Schwartz, A. (2014). No-Reading Problem in Consumer Contract Law, The.Stan. L. Rev.,66, 545. Chen-Wishart, M. (2012).Contract law. Oxford University Press. Durrant, C. W. (2013). To benefit or not to benefit: mutually induced consideration as a test for the legality of unpaid internships.University of Pennsylvania Law Review,162(169). Garg, V. K. (2014). Doctrine of privity of contract and privity of consideration in India and British contaxt. Hillman, R. A. (2012).The richness of contract law: An analysis and critique of contemporary theories of contract law(Vol. 28). Springer Science Business Media. Houh, E. (2014). Sketches of a Redemptive Theory of Contract Law.Hastings LJ,66, 951. Landa, J. T. (2014). A theory of the ethnically homogeneous middleman group: an institutional alternative to contract law (with an Afterword).Handbook of East Asian Entrepreneurship, 82. McKendrick, E. (2014).Contract law: text, cases, and materials. Oxford University Press (UK). Niu, Z. (2015). The law of damages in Chinese contract law: A comparative study of damages calculation in Chinese law, English law and the CISG, with empirical results from Chinese practice. Puil, J. V. D., Weele, A. V. (2014). Contract Law and Tort Law. InInternational Contracting: Contract Management in Complex Construction Projects(pp. 285-292). Reid, D. (2015). Wim Decock, THEOLOGIANS AND CONTRACT LAW: THE MORAL TRANSFORMATION OF THE IUS COMMUNE (CA. 1500-1650) Leiden: Brill (www. brill. com/lhl), 2013. xvi+ 724 pp. ISBN 9789004232846. 179.00.Edinburgh Law Review,19(1), 155-157.