The golden Rule was used in the r v allen case (1872). In this the defendant was charged with bigamy (s.57 of offences against the person act 1861) which, under statutes states: 'whosoever being married shall marry any other person during the lifetime of the former husband or wife is guilty of an offence'. Under The literal Rule, bigamy would be impossible because civil courts do not recognise second marriages, so The golden Rule was applied to determine that the word marry should be seen as to go through ceremony and the conviction was upheld. The golden Rule was applied in the Adler v george case (1964). Under section 3 of the official secrets act (1920) it was an offence to obstruct hm forces in the vicinity of a prohibited area. Adler was arrested for obstructing forces whilst in a prohibited area.
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Similarly, the partridge v crittenden (1968) case used a that legal loophole. The defendant placed an advertisement offering two bramble finches for sale (s.6 of protection of birds act (1954) makes it and offence to sell these birds). The advert was treated as an invitation to treat, not an offer for sale and the defendant was acquitted. The literal Rule can also lead to injustice. One example of this is the. In the london and North Eastern railway v berriman (1946) case a rail worker was killed whilst oiling a track; no stopping man had been provided. Under statute, compensation is provided on death of workers replacing or relaying track. The statute did not cover oiling and so compensation wasnt given. This can undermine public confidence in the law. The golden Rule, the rule was defined by lord Wensleydale in the Grey v pearson case (1857) as: The grammatical and ordinary sense of the words is to be adhered to unless that would lead to some absurdity or some repugnance or inconsistency with the. So, the golden Rule is a modification of The literal Rule to be used to avoid an absurd for outcome.
The defendant claimed that the drugs belonged to book a friend who was picking them up later. The judge stated that handing the drugs back was supply. The case was upheld on appeal. In his speech at the appeal, lord keith proposed that: The word supply in its ordinary natural meaning, conveys the idea of furnishing or providing to another something which is wanted or required in order to meet the wants or requirements of that other.". Lord Goff dissented saying: "I do not feel able to say that either the delivery of goods by a depositor to a depositee, or the redelivery of goods by a depositee to a depositor, can sensibly be described as an act of supplying goods. This case shows the main problem with The literal Rule - that there can be disagreement over the literal meaning of statutes. The literal Rule can create loopholes in law, as shown in the fisher v bell (1960) case and the r v harris (1960).
The arris case (1836 where the defendant bit the nose off the victim. The statute stated the offence was to stab or wound. Under The literal Rule, biting is not stabbing, cutting or wounding (implying the use of an instrument). The defendant was proven not guilty. Main advantages of The literal Rule: 1) no scope for the judges own opinions or prejudices to interfere. 2) Respects parliamentary supremacy and upholds separation of power. 3) Encourages drafting precision, promotes certainty and reduces litigation. There are disadvantages to The literal Rule. For example, in the r v maginnis case (1987 the defendant was charged with possession of a controlled drug with intent to supply under the misuse of drugs act 1971 (s.5).
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Reference this, statute law is law which is written and that is set in place by a legislature. Statute law may be used to extend, over rule or modify existing meanings of current common law. As well as this, entirely new laws can be created in statutes, there are three rules used when using statute law these rules are: The literal Rule, this rule is the paper basis of all court decisions in relation to statues. Here judges rely on the exact wording of the statute for essay the case. They dont interpret meaning. Lord Diplock in the duport Steel v sirs case (1980) defined the rule: Where the meaning of the statutory words is plain and unambiguous it is not then for the judges to invent fancied ambiguities as an excuse for failing to give effect to its. This definition says that a judge should not deviate from the literal meaning of the words even if the outcome is unjust.
If they do they are creating their own version of how the case should turn out and the will of parliament is contradicted. One Example of The literal Rule was the fisher v bell case (1960). Under the offensive weapons act of 1959, it is an offence to offer certain offensive weapons for sale. Bristol shopkeeper, james Bell displayed a flick knife in his shop window. When brought to trial it was concluded that Bell could not be convicted given the literal meaning of the statute. The law of contract states that having an item in a window is not an intention of sale but is an invitation to treat. Given the literal meaning of this statute, bell could not be convicted.
As I continue collecting and recording things from the past, day by day i realise that the real importance of history does not lie in the words and actions of the most famous of men but in the efforts and decisions made by the ordinary. Who in living his life as he knows it, makes a significant impact on the future and leaves a distinct mark on the past. . With love from 1959 brought to you by your 2014 ao! You may also like. How to find a decent Company to Write paper for. Children often dream about a magic wand like harry potter has.
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These are the questions which someone who went to bed and later found himself on an aeroplane asked himself. And they are questions which we going through this world should also ask ourselves. Whenever we do good things we are building our character and vice versa. The presence of God is heaven to a good man who feels very happy to be walk with God. While to the evil doer the presence of God brings no joy nor peace. Exam guidelines: The exam will contain the following: 2nd Term 1959, 8 questions, 2 compulsory questions. John the baptist ministry, the baptism of Jesus The temptations The visit gift of Nicodemus A typical day during the ministry causes of opposition Call of disciples apostles Sermon on the mount The golden rule of life. Justice must not only be done, it must be seen to be done. Do unto others as thou will have them do to you.
(yes you read right Ksh.30 heres a list of some of the other prices and records listed exactly as they are in the book: 6 beers Ksh.80 6 bars of Lux soap Ksh.50 11 ball pens Ksh.65 3 rat snaps Ksh. October 1958 Ksh and 1,050.00, november 1958 Ksh 1,365.00, december 1958 Ksh 1,810.00. January 1959 Ksh 1,770.00, february 1959 Ksh 1,370.00, total: Ksh 9,604.25. Cash out records: October 1958 Ksh 2,402.50, november 1958 Ksh 1,751.20, december 1959 Ksh 1,742.35. February 1959- Ksh 1,085.80, total: Ksh 8,973.50, questions in life. What is the purpose? Where am I going? How did I get here?
chronicles, a lesson on life. By, chao, general history, history, kenya history, january 6, 2014, i recently stumbled upon two very interesting items from the year 1959. Now 1959 was the year that the first Barbie doll went on sale, the dalai lama fled Tibet for India and Fidel Castro named himself Cubas premier. But most importantly, it was the year that. Richard Wanjohi Ndei a shopkeeper in Karatina kept a little book where he recorded his daily sales and. Daniel Ole sindiyo (my grandfather in his fourth year of high school owned a jaded, purple covered exercise book where he wrote down his. Two items that a curious young girl would one day write about in 2014. Reading through this modest relic in its tattered and worn out state, my contemporary mind finds it very hard to conceive and even harder to believe that such a time existed. A time when a soda cost Ksh.30!
It is a thesis beautiful method, and a valuable lesson, and i am glad that I was able to incorporate it into my writing. On a greater scale than this classes contribution to my writing, was its enrichment of my literary analysis. I have always enjoyed criticizing literature. I love the critical thinking, and extricating the meaning from a line of words. It is so fulfilling knowing that the meaning is from my mind, and it came from allowing the language that I think in to penetrate my mind, and leave a solved puzzle. I enjoyed the wealth of short stories we read in this class, because it truly allows me to use my critical mind, and look at ever last word, and try and pry a meaning out. I tend to think in all of the lenses, not just stick to one. I love to focus on the least obvious them or motif in the story, and find it throughout.
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The journey through language and literature has always been an intriguing one for. It is for this reason that I chose English as my major. It seems that every teacher or professor that I have had, has always been able to gift pinpoint one specific element in my writing that I need to work. This has not been a negative thing by any stretch, because with each passing semester there is an element of my literature that will be perfected for the next. This is the wonder that is English, and the reason for my passion in this subject area. In this class I have really learned to use a different level of thinking in my papers. Teachers often have complemented my ability to prove a point with the spoken show more content, now, every time that I pen a paragraph, i think those words. Reading my first paper of the year, and then my last, the difference is ever so clear. The thesis actually carries throughout, ending up at a beautiful conclusion, that miraculously relates back to the thesis.