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Fiduciary Duties and the House of Lords, 2005.
A look at the recent House of Lords decisions surrounding the concept of fiduciary duties and constructive trusts.
2,568 words (approx. 10.3 pages), 10 sources, APA, $ 77.95
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Abstract
The common law assembly including tort, contract and unjust enrichment provide several remedies for a breach of an obligation or duty. This paper examines how the laws relating to fiduciary duties demand specific attention and discusses why they should be placed under a separate sub-category of the law. It attempts to show how the Courts desperately need to consider whether the concept should be a strictly unified one thereby making the categories highly limited, or if fiduciary duties are capable of arising in so many circumstances that a limited concept would not be utilitarian, if indeed socially acceptable.
Outline
Introduction
Equity's Approach to the Concept of a Fiduciary Relationship
Fiduciary Duties, the House of Lords and the Maxims of Equitable Doctrines
Conclusion
From the Paper
"In 1992 the Law Commission conducted a report to examine whether English Law adequately protects the individuals to whom a fiduciary duty is owed and if privately enforceable fiduciary duties as opposed to mere regulations are stipulated sufficiently clear to practitioners as well as natural legal persons. Its findings were not surprising. It highlighted the vagueness of what constitutes a fiduciary relationship, and despite the categorisation of particular instances where a bona fide obligation arises, 'there has been no clear, universal test accepted in cases for classifying these particular relationships as fiduciary'. The common acceptance and nature of the five categories of fiduciary relationships, however, are not entirely defined nor closed; but is instead described as a 'flexible category' which extends the scope of obligations arising from fiduciary relationships."
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Protecting Animals: System of Duties Built on Jewish Law, 2005.
An in-depth paper which calls on the Jewish religion to stop focusing on animal rights and to start focusing on human duties and obligations towards animals.
8,160 words (approx. 32.6 pages), 30 sources, MLA, $ 174.95
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Abstract
This paper explores an alternative to fighting for animal rights, and instead advocates for a system of human duties and obligations based on Jewish Law. The paper analyzes the way Jewish law views cruelty to animals, the environment, and the obligation to take care of one's health. Jewish Law lays out a system of positive obligations that Man has towards animals, the environment, and his own health.
I. Introduction
II. Jewish Law and the Environment
A. The World and All in It Belongs To G-d and Man Is Responsible For Preserving It All
B. Animals Are Important to G-d
C. Bal Tashchit - The Prohibition on Wanton Destruction
D. Environmental Effects of Producing So Much Meat
III. Animals in Jewish Law
A. Animals as Property
B. Tza'ar Ba'aley Chayim and Positive Acts of Kindness
IV. Jewish Law and Health
A. The Importance of Maintaining Health in Jewish Law
B. Health and Vegetarianism
V. The Misunderstanding of the Importance Of Meat In Judaism
VI. Rabbis and Vegetarianism
VII. A Modern System of Duties and Obligations
A. Eating Meat and Dairy Products
B. Hunting, Trapping, and Furs
C. Animals in Entertainment
D. Animal Experimentation
E. Wildlife Conservation
VIII. Conclusion
From the Paper
"We often talk about protecting animals and giving them their rights. Animal rights' activists argue about which rights are due to animals and which rights to animals are due to human beings. I argue that this dialogue is unhelpful to animals, just as it is unhelpful to human beings. Rather than argue about rights, I contend that we should construct a system of duties and obligations under which human beings will have varied responsibilities towards animals. Such a system already exists under Jewish law, a system devoid of human rights and animal rights, but rich with human responsibility and obligations towards mankind, animals, and the environment."
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Subsidies and Countervailing Duties, 2005.
A look at subsidies and countervailing duties and how they affect Third World economies.
3,412 words (approx. 13.6 pages), 6 sources, MLA, $ 96.95
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Abstract
Subsidies and countervailing duties have a lot of importance where different countries are concerned. This is especially true of countries that are just developing. Third World development is becoming very important today, and many of the multilateral trade negotiations that are taking place are changing the prospects for these countries. It is important, therefore, to look at these trade negotiations and what they will do to the subsidies and countervailing duties for many of these countries. For purposes of this paper, the United States and Canada and any subsidies that they give are not examined. Instead, the focus is on countries that are in the Third World and that are just developing. The scope of the paper looks at these Third World countries and the multilateral trade negotiations that they deal with in order to help determine the prospects that they have for continued growth.
From the Paper
"Even though this seems somewhat unfair, it actually is not because many of these countries are still finding their way when it comes to trade agreements, subsidies, and countervailing duties. They must be allowed more freedom so that they are able to find ways to make use of many of the tariffs that they have and the subsidies that have not either been banned or restricted. This will help them to continue their goal of promoting development within their nations. It seems as though there may soon be further restrictions placed on them when multinational trade negotiations are looked at once again. In order to help avoid the problems that would come from this, the Third World countries should act now to exercise the autonomy that they currently have. If they do not, they may soon lose this autonomy and be even more restricted them they are now."
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Important Duties of a Principal, 2005.
An overview of the expanding number of responsibilities of school principals and their most important duties.
1,125 words (approx. 4.5 pages), 4 sources, APA, $ 39.95
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Abstract
This paper discusses the important duties of a school principal. The paper explains that the expanding number of duties principals must deal with include managerial and administrative tasks, hiring and retaining teachers, ensuring overall safety of schools, raising funds and ensuring state requirements are met.
From the Paper
"One of the primary challenges confronted by school principals is the ever-expanding number of duties that require a tremendous investment of time and effort. Apart from dealing with managerial and administrative tasks, school principals, in recent years, are also being trained to take on the position of instructional leaders.
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Duties and Ethics, 2002.
This paper discusses Kant?s stance on Practical Reason and on the Theory of Ethics.
1,280 words (approx. 5.1 pages), 1 source, MLA, $ 43.95
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Abstract
This paper looks at Kant's use of deontological ethics - moral obligation, or duties that a person must perform to lead a peaceful existence. The author discusses the law of Traditional Duty Theory and problems with the theory.
From the Paper
"All duties to others are the most basic since this must follows the mandate of natural law that we are to be sociable. Towards God, we have a theoretical duty to know the existence and nature of God and a practical duty to worship God, both internally and externally.
Towards ourselves, we have duties of the soul which means developing one?s skills and talents and duties of the body which means not neglecting our bodies through gluttony or drunkenness and not killing oneself.
Concerning duties towards others these are ?divided into absolute duties which are binding on people and conditional duties which are the result of contract between people. Absolute duties should be to avoid wronging others, treating people as equals and promoting the good of others. First of the rules is to keep one?s promises."
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Hamlet?s Intellect and the Duties of Kingship, 2002.
An analysis of the intellect and rationalization of William Shakespeare's "Hamlet".
1,387 words (approx. 5.5 pages), 3 sources, MLA, $ 46.95
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Abstract
This paper reviews William Shakespeare's "Hamlet" and, in particular, examines how it is a play about an intellectual prince that ultimately demonstrates the limited value of the intellect and rationalization when there is a need to take a public action. It looks at how, by searching for the right role, Hamlet must play an avenger in order to verify the importance of intelligence in ruling a country. It discusses how it possible to contend that Hamlet?s intelligence is what makes him unable to act as an effective protagonist, ruler, or son, and how, despite the sympathy his intelligence creates in the mind of a viewer, ultimately, Hamlet?s reliance upon reflection reveals him as an over-educated prince, rather than a truly inspired leader.
From the Paper
"This can be seen in two of Hamlet?s most famous speeches. ?O, what a Rouge and Peasant Slave am I,? he muses, after the departure of the Player-King, during the first half of the play. At this juncture of the play, Hamlet is ?buying time? by pretending to be insane, and a troop of players has visited the Danish kingdom. After greeting the players and viewing a selection of their performance, Hamlet lambastes himself that he is not able to revenge his dead father. The actor pretending at grief is a more active participant in the drama, at that moment, than Hamlet, the ?real person? next to him. However, after experiencing this revelation, Hamlet decides, not to take revenge but to engage in more intellectual activity?in other words, to become involved in the setting and production of a play about a murder."
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The Principle of 'Duty of Care', 2008.
Analyzes the principle of 'duty of care' through various English case laws.
4,875 words (approx. 19.5 pages), 41 sources, MLA, $ 124.95
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Abstract
This paper explains that, in England, the principle of 'duty of care' is an essential ingredient in torts and imposes liability on persons who breach the same in a contract under the tort law. The author points out that 'duty of care' stands as one of the most basic foundations of this law and is unavoidable. The paper then elaborates and throws light on what exactly the principle means and holds, and enumerates various instances where a standard degree of duty or care is expected to be adhered to.
Table of Contents:
Introduction
Hypothesis
General Instances of Duty and Care
Duty of Care and Product Liability
Changing Perspective with regard to Product Liability
Conclusion
From the Paper
"Suppliers of goods, both retailers and wholesalers have been held accountable when their function exceeded the purview of mere distribution. For example, a car dealer selling vehicles reconditioned by him (Herschtal vs. Stewart and Ardern Ltd. [1940 1 KB 155]), a retail chemist (Kubach vs. Hollands [1937] 3 All ER 907) who failed to examine the manufacturer's directives to test the product before labeling it, were both found to be liable to injured customers. The term 'products' would include not only food and drink, but any product which is used for domestic purposes."
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William Golding?s ?Lord of the Flies?, 2004.
This paper discusses the censorship of William Golding?s ?Lord of the Flies?.
2,010 words (approx. 8.0 pages), 11 sources, APA, $ 63.95
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Abstract
This paper argues that ?Lord of the Flies", which is no different from any other work that has been considered controversial throughout time, should not be censored nor should any other literary works. The author stresses that, just as Christian-themed works have the right to express their views of society and what is correct behavior so, too, should works like ?Lord of the Flies? be permitted to express their sentiment freely. The paper relates that a theme of the book includes the notion that evil is a necessary part of human nature, which is considered by the censors to be demoralizing as it implies that a man is little more than an animal.
Table of Contents
Introduction
Overview of Censorship
Censorship and ?Lord of the Flies?
Conclusions
From the Paper
"Censorship is not a foreign concept in the world of literature. In fact, for centuries books have been banned at various points of society. There are many circumstances under which books might be banned. Censorship actually happens even in modern times. Censorship is generally inspired for a variety of reasons. In the case of the "Lord of the Flies" censorship is usually cited based on the notion that the book is violent and oppressive, goes against religious ideals and expresses the notion that man is by nature evil and savage."
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Duty and Self, 2006.
This paper examines the psychology of self and duty in "A Doll's House" by Henrik Ibsen.
900 words (approx. 3.6 pages), 4 sources, $ 35.95
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Abstract
The paper analyzes the psychological dictates of self and duty in the Victorian patriarchal household of "A Doll's House" by Henrik Ibsen. The paper discusses how one of the conflicting aspects of the play involves Nora questioning her duty to her husband, Torvald, but it is the feminist duty to self that truly forces her to leave. The paper explains that the Freudian aspects of penis envy in relation to her unconscious rebellion, relate her identity as a housewife.
From the Paper
"This drama analysis will examine the nature of psychology and the self in regards to Nora's departure from Torvald in the play "A Doll's House" by Henrik Ibsen. The paper shows the other aspects of sociological and personal reasons for Nora's departure and Nora's lack of self-identity in a Freudian psychological perspective. However, it is Nora's sense of self as a feminist that has her reject her sense of patriarchal 'duty' to her tyrannical husband. In essence, this analysis will focus on the duty to self versus duty to others conflict that arises within the psychological issues that arise within Ibsen's "A Doll's House." In regards to the feminist 'self', Nora can be seen as a social rebel to the patriarchal social norms of her times."
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Chivalry and Christianity in "Lord of the Rings", 2004.
Examines the culture of chivalry and reign of Christianity in "The Lord of The Rings" trilogy by J. R. R. Tolkien.
900 words (approx. 3.6 pages), 4 sources, APA, $ 31.95
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Abstract
Acclaimed writer and historian, John Ronald Reuel Tolkien, author of the popular trilogy book series, "The Lord of the Rings", is an advocate of the great traditions of chivalry and Christianity. This paper discusses the dynamic elements used in "Lord of the Rings" to illustrate the prevalence of the tradition of chivalry and Christianity as reflected in the behavior, thinking, and actions of its main characters. The analysis is an interpretation of "Lord of the Rings" three-part movie and book series. It focuses on the themes of good versus evil, with sub-themes involving the dominance of women, pervasiveness of evil in the midst of human weakness, and, most importantly, the element of hope and faith in people and one?s self in the face of adversity and suffering.
From the Paper
"LOTR 3 is perhaps, among the three-story installments of Tolkien?s Middle Earth tale, the only story that blatantly illustrates the reign and prevalence of Chivalry and Christianity as important values held important by its main characters. Chivalry is personified in every man involved in the battle, with the exception of Eowyn, who chooses to fight for her people. Centering the story?s focus on Eowyn reiterates the fact that in Middle Earth, male dominance is prevalent, and her deviance illustrates the bravery of women despite their portrayal as domestic housekeepers and nurturers of their children."
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"The Lord of the Rings", 2002.
An analysis of the symbolism of Christian archetypes and European legends in J. R. R. Tolkien's work, "The Lord of the Rings".
1,900 words (approx. 7.6 pages), 8 sources, $ 71.95
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Abstract
This paper is an examination of "The Lord of the Rings" from the standpoint that it is, at its core, an exploration of the Christian archetypes and legends of Europe. J. R. R. Tolkien's "Lord of the Rings" is a massive epic fantasy of more than a half-million words. It is also a hugely complex work with its own complicated chronology, cosmogony, geography, nomenclature, and multiple languages, including two forms of "elvish". The plot is so grand, moreover, that it looks backward to the formation of first things while glancing forward to the end of time. While "The Lord of the Rings" is many things, it is primarily a symbolic text that taps into the archetypal knowledge of our long-distant past.
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Morality, Happiness and Duty, 2008.
Explores issues of morality, happiness, and duty through the writings of Mahatma Gandhi, Gotthold Ephraim Lessing and Svetlana Palmer, and Sarah Wallis.
1,380 words (approx. 5.5 pages), 4 sources, MLA, $ 46.95
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Abstract
This paper examines and compares Mahatma Gandhi's work, "Hind Swaraj", Gotthold Ephraim Lessing's play, "Nathan the Wise", and Svetlana Palmer and Sara Wallis' book, "Intimate Voices from the First World War", in an effort to explore how these philosophers viewed issues of morality, happiness, and duty. After examining each of the works, the paper poses the question, "is there happiness in fulfilling ones duty?". The paper then answers that each man has to determine that for himself.
From the Paper
"Gandhi was a true believer in the laws of karma. Causation and retribution he believed linked all people together. He believed that through an action there is personal growth and moral awareness. Gandhi firmly believed that man reaps what he sows. One of his most famous quotes reflecting how man should behave is as follows: "An eye for an eye is a terrible way to blind the world." How does this relate to happiness, duty and morality? Morality is easy to see in Gandhi's ideology."
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"1984" and "Lord of the Flies", 2005.
A discussion on abused ruling power in "1984" by George Orwell and the "Lord of the Flies" by William Golding.
1,021 words (approx. 4.1 pages), 2 sources, MLA, $ 36.95
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Abstract
In the novels "1984" by George Orwell and the "Lord of the Flies" by William Golding, the ruling parties experience virtually no consequences from the populous for their actions. In "1984" this is done by design, but in the "Lord of the Flies" it comes about through natural human impulses. The paper explains how in both cases, however, the competing human drives for order and for random gratification come to rest upon forms of social organization that satisfy certain basic desires of mankind while sacrificing power to a small group of individuals.
From the Paper
"In Golding's novel the struggle between order and chaos are most clearly exemplified through the characters of Jack and Ralph. The power that Ralph wields over the other boys is sustained by their young understandings of justice and the difference between right and wrong. Ralph is willing to delegate duties and confer some of his power upon others in the hopes of eventual rescue; this is his primary objective. Jack, on the other hand-obtaining only a taste of power-craves more, and takes every opportunity to undermine Ralph's authority. The notion of civilization and a return to the rest of the world are completely lost within Jack's base aims for supremacy. When Jack finally comes to power his rule has no objective other than self perpetuation."
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Duty of Care, 2005.
An analysis of the case law relating to the concept of duty of care in the modern law of negligence.
1,496 words (approx. 6.0 pages), 8 sources, MLA, $ 49.95
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Abstract
This paper is an historical analysis, tracing the progress of the concept of the duty of care, and analysing how its function has changed from pre-1932 ["Donoghue v Stevenson"], to present. It provides an insightful discussion into the relationship between the duty of care and the rule of privity of contract and also discusses how the courts use this concept to secure results which they think are circumstance.
From the Paper
"And so, post Anns v Murphy, we see the Courts becoming more open about the application of policy in determining the presence of a Duty of Care*; In Hill, no duty was held to exist primarily because of the public policy consideration in relation to defensive policing [although there was also the issue of remoteness]. In CAPARO INDUSTRIES PLC v DICKMAN [1990], this general overtness was manifested by a test that to impose a duty would be 'fair, just and reasonable' in the circumstances. In MARK RICH & CO AG v BISHOP ROCK MARINE LTD, 'THE NICHOLAS H' [1995], the House of Lords, in finding that a marine survey society should not owe a duty of care to a shipowner, upheld a unanimous Court of Appeal decision that the tripartite test for establishing a duty of care promulgated in CAPARO was now to be of universal application."
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Irony in "Lord of the Flies", 1999.
This paper looks at " Lord of the Flies", and William Golding's introduction of the savage side of human nature through irony as he develops the characters, the discovery of the beast, and the final rescue of the children.
1,700 words (approx. 6.8 pages), 6 sources, $ 55.95
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Abstract
This essay examines the dark view of human nature in William Golding's novel, "Lord of the Flies". The author discusses Golding's recurrent theme of his fiction, the conflict between humanity's innate barbarism and the civilizing influence of reason. The paper focuses on the ironies in Lord of the Flies through the characters, the discovery of the beast, and the rescue of the boys.
From the Paper
"The end of the novel hints that under such circumstances it is possible for humans to follow a course of action that will eventually result in its own destruction. Irony plays an important role in the rescue of the children because they leave one corrupt society to return to another. Against all expectations, the children in Lord of the Flies repress all noble instincts and embrace a life of savagery. Golding uses irony to demonstrate that humans are capable of intense evil as a result of their own natures and not because of any outside factors. His book suggests that civilization is the only thing that restrains mankind from a life of barbarism, but savagery also exists in civilization. After all, the children are stranded on the island as a result of a nuclear war and are rescued by a warship engaged in its own savage manhunt."
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