Saturday, May 23, 2020

The Judgment of Lord Bingham Free Essay Example, 3000 words

In his judgment Lord Bingham refers to the following: In his judgment, Lord Bingham refers to the following: (a) The meaning of malice in the context of arson as laid out by Lord Professor Courtney Stanhope Kenny in the first edition of The Outlines of Criminal Law at pages 163-165.(page 186 of the 16th edition, Oxford University Press) (b) The comment of Professor Brain Hogan in 1969 on the Working Paper no: 23 of the Law Commission, on the replacement of the word maliciously with willful or reckless. This appeared in the Criminal Law Review 283.(c) The report on Offences of Damage to Property of the Law Review Commission published in July 1970 (the Law Com No: 29) with its Working Paper no: 31 titled General Principles: The mental element in crime that takes into account mens rea(d) Definition of reckless as laid out by Professor Glanville Williams in the Textbook of Criminal law , published in 1978 and at page 79 and Recklessness Redefined" (1981) 40 CLJ 252(e) The observa tions of Professor John Smith ([1981] Crim LR 392 at 393-396(f) The distinction between the establishment of intent through foresight, vis a vis recklessness as clarified by Archbold, Pleading, Evidence and Practice in the 40th edition, published in 1979, at page 958, para 1443c. Also, the response to the case of Caldwell 41st edition of Archbold (1982) at paragraph 17-25, pages 1009-1010.Kenny offers a meaning of the word maliciously in specific reference to arson. He states that when a house is burnt by sheer negligence due to the omission or even during the commission of an unlawful act, it cannot be considered as arson. We will write a custom essay sample on The Judgment of Lord Bingham or any topic specifically for you Only $17.96 $11.86/page

Monday, May 11, 2020

Analysis Of Lucid Dreams - 3596 Words

During lucid dreams we are remarkably wakeful—even though still asleep. We may be able to reason clearly, remember freely, signal that we are conscious, and may even change the plot if we so choose. But it takes training. I am in the middle of a riot in the classroom. Everyone is running around in some sort of struggle. Most of them are Third World Types, and one of them has a hold on me—he is huge, with a pockmarked face. I realize that I am dreaming and stop struggling. I look him in the eyes and, while holding his hands, speak to him in a loving way, trusting my intuition to supply the beautiful words of acceptance that flow out of me. The riot has vanished, the dream fades, and I awaken feeling wonderfully calm. We do not usually question the reality of our dreams until after we have awakened. But it is not always so. That we sometimes dream while knowing that we are dreaming has been known since the time of Aristotle. During such lucid dreams, the dreamer s consciousness seems remarkably wakeful. The lucid dreamer can reason clearly, remember freely, and act volitionally upon reflection, all while continuing to dream vividly. As in the dream above, which I had a little more than two years ago, the dreamer may take an active hand in resolving the dream s conflict and in bringing the plot to a satisfactory conclusion. Unlike researchers who have gotten people to change the outcome of their dreams through discussions beforehand, I have found that the dreamerShow MoreRelatedDreams And The Dreams Of Dreams933 Words   |  4 Pagesunderstanding of what dreams are and why they are important to us. A dream is a story, a series of ideas, emotions and sensations that occur while we are sleeping. Freud’s â€Å"Psychological analysis of the content of dreams† says that every dream has a storyline and meaning behind it. Therefore the reason why dreams are important is because we need to express in some way our desires and wish fulfillments that are forbidden for our conscious mind. The movie Inception is related to the concept of dreams that wereRead MoreDreams Essay examples1070 Words   |  5 PagesDreams Although the idea of dreams has always been a psychological one, there is a philosophical side to them. Descartes once said, For all I know, I might be dreaming (Bruder/Moore, Philosophy, 81). This conjecture of Descatres was one that explained the concept of dreams. He asked the question, How do we know that we are not dreaming and our whole life is but a dream? There can never be an answer to this question but it proves that there is a philosophical view of dreams. A dreamRead MoreTypes of Dreams4637 Words   |  19 PagesMain Types of Dreams There are five main types of dreams - daydreams, normal dreams, false awakenings, nightmares and lucid dreams. Take a look at the features of these hypnotic states and how each one can introduce you to the phenomenal world of dreaming. Daydreams Scientific studies reveal that most people daydream for a whopping 70-120 minutes per day. During this time, you are only semi-awake - not asleep, but not fully checked-in with reality, either. It starts withRead MoreEssay on Lucid Dreaming1931 Words   |  8 PagesLucid Dreaming Dreams are the playground of the mind. Anything can happen when one is dreaming. The only limitation is that we only rarely realize the freedoms granted to us in our dreams while we have them. Lucid dreaming is the ability to know when one is dreaming, and be able to influence what will be dreamt. A normal dream is much like passively watching a movie take place in your skull. In a lucid dream, the dreamer is the writer, director, and star of the movie. Lucid dreams are exceptionallyRead MoreLucid Dreams : A Lucid Dream2230 Words   |  9 Pages Lucid Dreaming A lucid dream is one in which the person dreaming knows that he or she is in a dream, does not wake from it, and feels in control of what is happening in the dream. Researcher Paul Tholey experimented with the induction of lucid dreams in experimental subjects in the 1980s, and wrote that he developed techniques for inducing lucid dreams that had first been tried on himself in 1959 (Tholey 875). One of these techniques was called the â€Å"reflection technique, and his experimental subjectsRead MoreHow Dreams Help Us Grow And Prepare For Life1502 Words   |  7 Pagesnever being able to run fast enough; what do all these dreams mean? From going to school and forgetting your pants, to running through a field of flowers dreams have different interpretations. There have been many theories behind not only the meaning of dreams, but also how they originated. From different religious views to Freudianism to Neo-Freudianism, dreams have had a constant impact on our understanding of life. Some theories explain how dreams help us grow and prepare for life. Others theorizeRead MoreEssay On Living The Dream1807 Words   |  8 PagesLiving the Dream: An Analysis on Why We Dream and Freud’s Early Work Living the Dream: An Analysis on Why We Dream and Freud’s Early Work It happens every night, whether you remember it or not and they can affect us long after we experience them. They are dreams and they continue to remain one of the biggest mysteries of the human mind. Psychologists have tried to comprehend why we dream and what our dreams mean but have yet to discover the truth behind them. Psychologists have also tried to makeRead MoreField Of Dreams By Karissa Melfi3266 Words   |  14 Pagesof Dreams Karissa Melfi William Paterson University Field of Dreams A series of thoughts, images, and sensations that occur during a person’s mind during the time that they sleep is known as a dream. Dreams go way back until the beginning of mankind, even to the BC era during the time that Egyptians and Greeks were the leading force! The Egyptians examined the meanings behind the dreams we have and analyzed the symbols. There are a numerous amount of reasons behind our dreams. PeopleRead MoreA Dream Cycle The Dreamer1475 Words   |  6 Pageseager to conceive the waking nightmare that has confounded many minds, from scientists to philosophers and even religious figures. Sometimes referred to as the â€Å"evil twin of lucid dreaming†, sleep paralysis is a phenomenon in which a person experiences a temporary inability to speak, move or react. Unlike lucid dreaming (a dream cycle the dreamer is fully aware of), episodes of sleep paralysis are usually accompanied by strong visual and auditory hallucinations, often of the terrifying var iety. ForRead MoreDreams Essay example3042 Words   |  13 PagesDreams When we sleep we do much more than just rest our weary bones; we tap into our subconscious mind (Ullman and Zimmerman 1979). The subconscious has much to offer about oneself. The average human being spends one third of their life in sleep and during each sleep approximently two hours is spent dreaming (Ullman and Zimmerman 1979). These dreams are important because they

Wednesday, May 6, 2020

An Indigenous understanding of Reciprocity Free Essays

Reciprocity is an underlying principle expressed throughout Aboriginal societies. Outline and Illustrate the Importance of this fundamental concept In the economic, social, spiritual and political spheres of Aboriginal life (refer to reciprocity In the index to Edwards 2005). The word reciprocity’s conjures up a feel good image of ‘caring and sharing’ (Schwab 1995: 8). We will write a custom essay sample on An Indigenous understanding of Reciprocity or any similar topic only for you Order Now However according to Peterson (1 993: 861) there is a darker more sinister side to this word when applied to Indigenous Australians. He defines it as ‘demand sharing’ rather than reciprocity and he states hat Blurter Jones (1 987: 38) labels it tolerated theft. Peterson (1993: 860) goes on to assert that little ‘giving’ Is purely altruistic because the giver might simply be protecting themselves from ‘pay-back† if they do not give, or be expecting some mutual benefit. Edwards (2004:76) espouses that white Australians disregarded the reciprocity of traditional territorial rights and misunderstood the code of mutuality in social relationships. They also failed to identify the privileges and responsibilities central to Aboriginal society based on relationship and reciprocity (Edwards 2004: 24). In order to enter a discussion on reciprocity with regard to our Indigenous culture, It must be looked at on two levels. First how reciprocity Is a central principle that has pervaded Aboriginal societies for millennia and secondly the impact that reciprocity with the Western culture has had on this Indigenous community, since the advent of Colonization. The Western way generally requires the borrower to formulate a case of need, whereas the Aboriginal approach is slanted towards the giver having to explain why he cannot give (Schwab 1 995: 8). However there is an increasing recognition that mutual benefit worked better within the Indigenous community when Aboriginals were hunter gatherers than It seems to In today’s welfare society. Schwab (1995: title page) leans towards this realization in his discussion paper short titled â€Å"The Calculus of Reciprocity†, where one could interpret the meaning of ‘calculus’ to be the study of changed {mathematical}. He outlines an accepted act of generations of give and take, to one that is gradually changing to take’ and either delayed ‘giving back or not at all. In the past the food or other goods ere shared out until they were all gone (Schwab 1995: 3-4) but Increasingly a ‘complex yet subtle calculus Is employed on a dally basis as Individuals decide which expenses (or gifts) require immediate attention and which can be deferred’ (Schwab, 1995: 15). Reciprocity influences the political climate of Aboriginal society, especially the law, which was, is now, and always will be. According to Needing, Davis and Fox (1986: 42) an Elder sums it up when he says the Aboriginal Law never changes, â€Å"always stay same† while conversely, Western law Is â€Å"always changing†. There Is an Interconnectedness of all things, an agelessness which bears witness that spoilt exists now, as it did before and that creation exists as an historical fact and also has present currency and will into the future. In Colonial times, the principle of reciprocity was enigmatic to the Westerners and a constant source of acrimony – politically, legally and culturally. The Aboriginal philosophy of reciprocity encompassed the idea that if the balance of life was disturbed, there must be a ‘corresponding action’ to repair the Imbalance and the status quo must be preserved aboriginal life and this essay will discuss the importance of reciprocity with regard to economic, political, social and spiritual spheres of Aboriginal life, although it is difficult to compartmentalize Aboriginal society due to its complexity, as there is an overlap and interconnectedness in all things. The economy is interwoven with politics, as social life is melded with spirituality. Pre Colonially, the concept of reciprocity had ensured the survival of Indigenous Australian peoples’ lifestyle as a distinct economic style for thousands of years (Sermons, H. 2005: 70). In more recent mimes, colonial interference with its autocratic removal and relocation of key individuals and whole groups resulted in virtually a complete collapse of the traditional Aboriginal economy. As hunting and gathering is no longer possible for city dwellers, the concept of reciprocity becomes even more important, from an economic point of view, due to the nature of extended families all co-habiting in one small dwelling because of mutual obligation or reciprocity. According to Smith (1991) household structure has to stretch to encompass the extra-household fiscal networks it now accommodates. One must consider the concept of reciprocity or mutual benefit to obtain an understanding of domestic expenditure patterns. To better understand the impact of reciprocity on a single family, here is an example from the Lacuna community (Wallpaper people), which is currently representative of many Aboriginal communities (Sheathe, E 2005: 151). This anecdote illustrates how (poor) Aboriginal health is indisputably linked to their economic situation and that reduced eating patterns (feast or famine Schwab 2004: 5) are encouraged by the government welfare system. Elizabeth and David are out shopping for their extended family,4 hen Emily approaches and asks for food explaining her welfare money has run out, she is given quite a large amount of food. Elizabeth explains ‘l like to shop Just before it closes, because there are fewer people here †¦ In the mornings there are too many hungry people waiting for you’ (Sheathe, E 2005: 152). This means Elizabethan family will eat well for a few days and then when the food runs out (earlier than intended because she has given some away) they will have to eat sparingly, or not at all, until the next welfare payment. At the same time David has been approached by Steve to use his gun and ammunition. David is reluctant to give up his gun fearing Steve will damage it, but willingly gives ammunition. David says ‘All the time people want things from you. It is no good. ‘ Later Steve returns and gives David a very small proportion of his ‘kill’ (Sheathe, E 2005: 1 53); this is representative of a refused reciprocation. Stave’s exchange is small because David did not share his gun. In the case of Emily, one can assume that if she has spent her welfare money before 1 1. 5 am on the day she received it, then it is doubtful she will reciprocate Elizabethan ‘gift’ NY time in the future, as Emily has demonstrated she is unable to budget within her own economy. So, while reciprocation might have worked pre-colonization, it can be seen that in the present welfare economy, it is no longer a system of reciprocation, but rather a system of using and abusing one’ s kin because reciprocation is seen as a ‘right’ and seemingly no longer has to be ‘repaid’, however the ‘shame’ involved in not paying back (especially if the person has the means) has not changed (Schwab 2004: 6). The substance abuser, or the drunkard still have to be supported by their kin but hey are an economic threat to the household and possibly provide no means of return of the traditional arrangements of reciprocity while advocating that Indigenous people accept more responsibility so a sound economic base can be rebuilt for Aboriginal Communities. Both Elizabeth and Davit’s self-protectionist attitudes seem to reflect the ‘modern’ interpretation of reciprocity, that it is their kin’s right to take’, while sadly, they conceivably no longer expect them to repay in kind. Therefore the economy of this single household is skewed by having to support the immunity in general, instead of specifically their own family. In the past this would have been balanced out by equal trade-off, from Emily and Steve (or their immediate kin) but now days, due to issues such as alcoholism, homelessness, lack of education and substance abuse, true reciprocity is not as ubiquitous as it once was. A displaced sense of entitlement on the part of the taker’ seems to be replacing the traditional sense of reciprocity and a certain wary counting of the cost seems to be reflected in the ‘giver’s’ calculus where the whole concept seems to be becoming a social burden Schwab 2004: 8). Indeed, Peterson (1993) in his article ‘Demand Sharing: Reciprocity and the Pressure for Generosity among Foragers’ asks the question â€Å"Why is there a positive enjoyment to share if sharing is commonly by taking rather than giving? † (p. 861). When it comes to establishing the economic basis of a family, it becomes very difficult to measure their actual income due to people moving in and out of households, but Western society dictates that families meet eligibility criteria in order to qualify for welfare. The ideology of traditional reciprocity is not taken into account ND Schwab (1995: 16) suggests that politics, or policy makers ‘accommodate rather than contravene’ these monetary instabilities and the ever changing family support arrangements. Western politics or law is generally not taken on board by Aboriginal society, or if it is, it is with reluctance and resentment. With this in mind, Schwab (2004: 2) wrote his discussion paper â€Å"The Calculus of Reciprocity’ to further a ‘better understanding of the principles of reciprocity in contemporary Aboriginal communities’ in the hope that it would better inform government policy makers, at a local, state and national level. There are two sets of politics (law) that the Aboriginal people must abide by. On the one hand there are the Politics and Law of Australia and then there are their own laws and politics as illustrated by The Dreaming, where explicit moral lessons transmit the ideology of didactic human behavior (Schwab 2004: 3). There is outrage in Australia at the suggestion that certain individuals seek to impose elements of Shari law, but we turn a blind eye, or have a lack of understanding of Indigenous people carrying out their version of reciprocity when it comes to breaking their own laws. Some of the punishments imposed by Aboriginal Law include, death, spearing or other forms of corporal punishment (e. G. , burning the hair from the wrongdoer’s body), individual ‘dueling with spears, boomerangs or fighting sticks, shaming, public ridicule, exclusion from the community or total exclusion (Australian Law Reform Commission ND: 1). The code of reciprocity controls the mutual rights and kinship obligations of the individual and encompasses the cultural norm of ‘payback for wrongdoing (Fryer-Smith, S 2002: 2. 18). As well as an understanding that reciprocity means the sharing of tools and food, there is also a oral principle of reciprocity with its negative forms encompassing retribution and revenge (Alkali and Johnson 1999, in Burbank 2006: 7). Burbank (2006: 7) stated that be killed, then reciprocity can be satisfied by the killing of another family member as due to the intricacies of kinship they are considered one and the same. This viewpoint would be considered barbaric in Western culture and would not be tolerated. As Edwards (2004: 73) states, the person who breaks the law must serve the sentence and for another person to pay the penalty would not be Justified or even permitted in Western law. In indigenous land management, the politics of reciprocity (between Western and Indigenous) should involve knowledge and understanding but the white Australian man tries to impose his vastly different practices onto the Aboriginals who have been practicing successful land management for millennia. Disappointingly much of the thousands of years of Indigenous knowledge are often disregarded by Whitefishes’ (Baker, Davies, Young, 2001: 158). To illustrate the disparity of understanding of the principles of reciprocity in Colonial times, Edwards (2004: 73) outlines the anecdote where the Elder showed he settler a waterhole and then considered it a reciprocal action to later kill a sheep for food when the settler used the waterhole to water his flock. This Aboriginal would then be dealt with by the police and the courts and he would be mystified as he could see no Justice in a system such as this where reciprocity did not play a part. In his law, laid down by The Dreaming it would be sanctioned behavior to take the sheep as pay back for food for his clan. Western politics plays a part in the downfall of the concept of reciprocity, firstly by taking away the dignity of Indigenous people ho cannot reciprocate for their welfare payments in any quantifiable way. Secondly because life has so drastically changed for the indigenous people since Colonization, they now find themselves stripped of their place and their land and instead find themselves in the undignified position of being passive welfare recipients. So many have fallen by the wayside and become victims of alcohol and substance abuse due to their once well organized and purposeful life being ripped away. This has made them reliant on their relatives generosity, which leaves them no self-respect and minimal fiscal, physical or emotional resources to pay back with. Therefore the notion of reciprocity as a system of checks and balances to maintain social equilibrium (Bourne and Edwards, 1998, 100, p 106. In Fryer-Smith, S 2002: 2. 18) is stymied for some. Traditionally social stability has been maintained within the Aboriginal society because reciprocity has functioned as a means of equilibrium. Reciprocity has been important throughout all social and family relationships, where a complex system of kinship lines exists. This system relies heavily on the responsible and reciprocal participation of all members from the give-and-take of tools and hunting weapons, to the sharing of food. As one Elder explained: â€Å"Sharing Just a way of life for Aboriginal people, probably in our genes or something. Might be left over from the old days when we were hunters and that .. . All Aboriginal people know what it’s like to be hungry. We Just can’t turn away someone who says he’s hungry †¦ I guess white people have a hard time understanding that one† (Schwab 1991: 145), whereas Western society is built on capitalism, meaning that some of its central values are totally opposed to the tradition view of Aboriginal culture (Richardson J 2006: 144). Moieties subtle and often invisible to some (Schwab 2004: 3). Indigenous societies place emphasis on social identity and the obligations individuals have to conform to the expectations their society has mapped out for them, whereas in Western societies the emphasis is on the individual and the rights and freedoms of that individual and there is no expectation that people will conform (Edwards, 2004: 52 ). Almost any behavior is accepted, as long as their actions do not harm others. Aboriginals believe there is a balance within ourselves that incorporates our social lives and our spiritual lives and to integrate ourselves into the ecology and consciousness of this oral, we need to intertwine these two worlds in our daily existence (Lower 1991 : 49). The requirement of reciprocity underpins most aspects of spiritual life, including ritual, ceremony and the protection of sacred sites (Fryer-Smith, S 2002: 2. 18). If one gives to the ancestor’s by way of ceremony, song, ritual and dance they reciprocate by giving the strength, power and knowledge of the spirits (Lower 1991 P: 48). Likewise if one honors the earth, the earth will reciprocate with an abundant harvest. An Aboriginal had/has a responsibility to perform the rituals that released the creative rowers that abide in the land and if these rituals are not performed, great harm could befall the land. Even today, Aboriginal land management techniques rely on understanding the religious links between the Indigenous peoples and the land (Baker et al 2001: 113). Western society puts its faith in science and technology, while keeping an eye on the weather, to reap the finest harvest. They do not pray or perform religious services to interact with the land. Indigenous people believe the whole environment is formed by The Dreaming, there is a sense that all things partake in the sacredness of life. For millennia, Aboriginal people have co-existed with spiritual beings in their daily life. The essence of spirituality is present throughout the material world and through a cryptic sense of time; Aboriginal People seamlessly connect with the Dreaming origins of their spiritual being (Edwards 2004: 86). Aboriginal religion is bound up in The Dreaming and dictates that responsibility consists of acting in accordance with a few moral principles. For Aboriginal people, being deprived of their land means a â€Å"deprivation of access† to The Dreaming and the severing of a certain life-force which breaks the link with The Dreaming. It is this very real deprivation that has broken the spirit of many an Aboriginal person, leaving them empty and heartsick (Triggering 1988: xv-xvii). Aboriginal people base their claim to ownership of the land on their belief that the spiritual forces which shaped the land also created them and still inhabit this land today (Edwards: 19). Rose (2004: 42) points out that earth is the initial mother, the mother of everything. She goes on to say that all knowledge and all living beings in their diversity are ultimately born of earth. Non-indigenous Australians often countryside the significance of the land to Aboriginal people; however The Aboriginal Land Rights and Native Title movements have increased awareness of this issue. As Rose (1987) says in her article â€Å"Consciousness and Responsibility in an Australian Aboriginal Religion†, if people protect the land by burning, using the country, performing ceremonies to increase the bounty and by protecting the dangerous Dreaming sites so that no harm escapes, the land will repay them by reciprocal relationship that ensures the continuity of life for all involved, the land, humans, animals and the plant life (peg. 262). Partaking in this exchange of life will lead to balance for the land and its inhabitants. DRP. Pollinate in â€Å"Looking after our Spirit† (Pearce, M 2012) states that we have a duty of care to engage in reciprocity with the earth and to ensure that the environment we have inherited is left in the same, if not better condition, than when we got it. This is an ideal philosophy, but unfortunately the greed of many non-indigenous ventures such as mining for minerals and gas in many traditional lands has caused an imbalance and to the eyes of the Indigenous peoples, many landscapes are now out of balance and the aim of cooperation has been pillaged. Non-indigenous ventures plunder the land and they take, but they do not reciprocate by giving anything back, although Western conservation laws are beginning to address this situation. As this essay has demonstrated, reciprocity is an economic means of survival and the Indigenous political system is built on the presumption of reciprocity, while the Australian Judicial system has been influenced by Aboriginal philosophy. Such documents as ‘Aboriginal Customary Laws and Sentencing, Aboriginal Customary Laws and the Notion of ‘Punishment† by the Australian Law Reform Commission, (ND) and the Aboriginal Bench book for Western Australia Courts (2002) by Fryer Smith have been distributed to foster an understanding of the concept of reciprocity that Aboriginal life is founded on. Society is based on complex kinship lines where reciprocity is expected and accepted but is open to exploitation as demonstrated by those abusing the passive welfare system and who no longer honor the traditional social norms. A fulfilling spiritual life revolves around maintaining relations with the Dreaming Spirits. How to cite An Indigenous understanding of Reciprocity, Papers