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Critical Essays Characters in Emma
LEEWS (Law Essay Exam Writing/Preparation Science/System) changes the game! A proven effective (true) science of preparing for critical on emma, and executing the “A” essay exam, LEEWS is applicable to bar as well as law school exams. Unique, proven systems are put in place for (systematically!) identifying issues [No more haphazard spotting!], presenting analysis in concise paragraphs (roughly one per issue), briefing cases in 2-4 lines(!!), taking far fewer class notes, and compiling condensed, effective, 30-50 page course outlines. Form Of The Phd Dissertation. And much more. A law student learns—finally—to learn/think as a reasonable facsimile of on emma a [practicing] lawyer. I briefed, outlined my notes, reviewed the law, but still felt totally unprepared for upcoming exams.
This program was exactly what I needed €” the tools to confidently tackle exams in a methodical way. — Jan Court, Univ Texas '00. Just knowing you have a plan €” i.e., the steps €” keeps you from worrying about panic. €” Rob Goldbaum, U. Chicago '92. 3 Sample Law Essay Exams From the LEEWS Primer (with Model Responses) [And an example of LEEWS' effectiveness in practice.] 1 Actual Civil Procedure Exam With Model Response (written by a LEEWS grad) and Professor Comments. The entire grade (!!) in research paper editing most law school courses will depend upon on emma performance on paper a final exam, most if not all of which is essay in nature. (You are basically asked to essays identify and analyze so-called issues generated in a hypothetical [made up] and usually complex fact pattern, much as a lawyer might.) Most exams are 3-4 hours in length, and either closed or open book. The former means you bring nothing into it audit resume, the exam with you (save the code in critical on emma a course based on essay about unusual a code of rules [e.g., IRS Code in taxation, Federal Rules of Civil Procedure in civil procedure]). Normally open book allows you to bring in class notes, textbook, outlines, whatever, which tends to reassure students. However, open book is misleading, as there is typically little time to refer to aids. Critical Essays On Emma. Open or closed book, the law you need to know should be in it audit resume your head.
Some professors offer take home exams, which may have 8-24 hour time limits, and limits as to how much you can write or type. Grading is invariably anonymous to protect professors and students alike. Unlike college and graduate school, class participation, acquaintance with the professor, even midsemester (as opposed to midyear) midterms generally have no bearing on critical essays on emma law school grades. Ask professors themselves, or upperclass students about the life grading policies and practices of individual professors. There follow three examples of essay hypotheticals selected from among the eight in the appendix of the LEEWS Primer. Following are models of the LEEWS approach to breaking fact patterns down into units corresponding to relevant issues [Planning Phase], as well as fully developed written responses corresponding to our format of concise paragraphs, roughly one per issue [Writing Phase]. Critical On Emma. The law needed to address each hypo is provided, as the subjects may as yet be unfamiliar to you. You may want to attempt a response before looking at the models.
Standard exam writing advice posits that you follow IRAC. I.e., identify the Issue, state the applicable Rule, Analyze, Conclude. (Sounds great, until you realize you don't know what an issue is, much less how to up essay identify all issues lurking in the fact pattern; you don't know how to analyze as a lawyer; and you don't know how to on emma present analysis concisely.) Whether you are familiar with the three subjects tested or no, all essay exercises are predictable in it audit resume nature. A typically complex and confusing fact pattern is followed by question(s)/instruction(s) that in critical effect require you to essay about identify or spot the legal issues that would be of interest to a judge or lawyer. You must then resolve those issues, bringing to bear relevant law and the analytic dialectic between law and facts known as lawyerlike thinking.
Should you find yourself thinking, as you review the model responses, I don't think I can ever do that, unless you have a knack for taking such exams (possessed by only a small handful of students -- 5-7%, even at Harvard), you are probably correct. Which is why so few law students manage even a single A on final exams. But rest assured that anyone with reasonable intelligence and critical essays on emma diligence can produce such responses consistently. Gsas Form Phd Dissertation. Showing you how is what LEEWS is all about -- for any exam in any subject, no matter the question(s)/instruction(s) posed by essays on emma, the professor. Civil Procedure Hypothetical (60 min.) Coris Becker, an occasional tennis player, fell while descending steps at the Only For Us Racquet Club in Long Island City, Queens County, New York. As she explained to her husband moments later by phone: Not the most graceful move in the world, Morris. I got so mad, I smashed Mommy's new titanium Stroker. Be a dear and harvard gsas of the phd dissertation bring home din-din. Critical Essays. I'm going to be in the hot tub for hours. As she limped out to her Lexus, Coris ran into the club owner, Jett Setter.
He grinned and paper remarked, I saw that spill, Coris. Not the most graceful move in critical on emma the world. At which point Coris determined to sue Setter personally, as well as the club. Although a resident of on value of discipline life Queens County, Coris, joined by her mother, Doris, a resident of Manhattan, New York County, brought suit against Only For Us Racquet Club, Inc. (OFU, Inc.) and Jett Setter personally in New York County, seeking damages for Coris' injury and the destruction of the tennis racquet. Thereupon followed, inter alia , the following events and critical essays on emma motions: 1 €” OFU, Inc. and Setter moved for a change of venue to Queens County. 2 €” Attempts to serve Setter personally at his club were twice unsuccessful, so a copy of the summons and complaint was affixed to the door of his home.
Another was mailed to him. [So-called nail and mail service.] 3 €” Although the growing up essay paper complaint affixed to his door separated from the summons and blew away, and critical essays on emma the mailed copy never arrived, Setter, by his attorney, appeared in the action, answered the complaint, interposed affirmative defenses, and otherwise defended against the action. Only later during an appeal did he assert lack of personal jurisdiction as a defense. 4 €” OFU, Inc. served notice of the ferro homework deposition of critical essays a person who, while standing in the next phone booth, had overheard Coris' conversation with her husband. Coris moved for a protective order forbidding disclosure of anything overheard as a privileged conversation.
5 €” OFU, Inc. requested an admission from Doris that Coris has a tendency to negligent behavior. Essay. Doris ignored it. 6 €” Following a directed verdict during trial dismissing her cause of action for destruction of the critical essays racquet, Doris immediately instituted a claim for damages on the same ground in small claims court, Manhattan. You are a law clerk to, where appropriate, both trial and appellate judges assigned to this case. Prepare a memorandum of law respecting the issues raised in the above. Majority state law applies. RELEVANT LEGAL PRINCIPLES FOR CIVIL PROCEDURE HYPO. (Such legal knowledge should be in your head as well as your course outline.
Note: The law provided herein may or may not be currently accurate.) Discovery (scope of) €” Generally, all information not otherwise privileged that is relevant to the subject matter of the action is editing, discoverable, whether or not the material would be admissible as proof. Communications between spouses €” A confidential communication between husband and wife is privileged against disclosure by either spouse or by a third person (e.g., an eavesdropper). Personal Jurisdiction €” Generally, in order to determine the rights and duties of essays on emma parties to an action, and to bind the parties personally to its determinations, a court must have in personam jurisdiction over said parties. Said jurisdiction will be had, inter alia, where a defendant is present in ferro homework the state where an action is brought, and personally served with process. Where personal service on a defendant cannot be effected through due diligence, a plaintiff is entitled to substitute such service by affixing a copy of the summons and essays complaint to the door or other conspicuous place at the defendant's last known address, and also mailing a copy of same by regular mail to up essay paper said address (so-called nail and mail). Critical Essays On Emma. A court has held that three attempts at paper, in hand service at a defendant's place of business, without attempting to serve the essays on emma defendant at harvard form phd dissertation, home or leave the summons and complaint with a person of on emma suitable age and discretion at the place of business does not satisfy the requirements of due diligence. Waiver of €” Where a defendant appears, answers the complaint, interposes defenses, and at no time during or after trial moves to dismiss based on, nor claims lack of personal jurisdiction, the defense will be deemed waived on appeal. Requests for admission €” A request for admission imposes a duty on the party served to acknowledge the existence of facts that are not in doubt and research paper that should not be necessary to essays prove at trial.
The party served normally has 30 days to respond. Failure to timely respond results in the matter being deemed admitted. Inter alia , it is permissible to request that a party admit to a legal conclusion (e.g., that an employee was acting with authority, or that the growing up essay paper party was traveling against essays on emma, traffic on a one-way street). However, it is not proper to essay unusual request an essays, admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per se). Res Judicata €” Doctrine that for reasons of economy, prevention of harassment, and avoidance of inconsistent judicial rulings (policy!), the relitigation of claims and growing paper issues is generally prohibited. Claim preclusion €” Doctrine whereby a final judgment on essays the merits of a claim or cause of action precludes reassertion of that claim or cause of ferro homework action in a subsequent suit. Venue €” Refers to the proper place for trial of a lawsuit. The purpose of venue rules is to critical essays prevent a plaintiff from forcing a defendant to trial where it would be burdensome for him to appear and defend (policy!). Unless compelling reasons exist to direct otherwise, a transitory action (meaning that the transaction which is the form subject of the action could have happened anywhere) should be tried in the county where the action arose. MODEL RESPONSE TO CIVIL PROCEDURE HYPOTHETICAL. (1/4 - 1/3 of allotted time divided into 10-15 minute intervals)
Preliminary Overview €” Six distinct events/motions. Perform Steps One, Two, and Three (The Blender) on each is my initial perspective on how to proceed. [Always the Steps, always the Steps €” a constant way of thinking.] Step One €” [Conflict pairings and party objective(s) for each of the six events/motions.] The conflict pairings for essays on emma, all six are either Coris and/or Doris versus OFU, Inc. Ferro Homework. and/or Jett Setter. [The consistent overall objectives are to obtain damages on one side and to avoid liability on the other. However, given that this is a civil procedure exam, the objectives that count for critical on emma, purposes of generating premises are intermediate in nature. In the larger (intermediate) sense they are to keep the litigation going versus termination on a procedural ground. More immediate to the six events/motions:] 1 = Change venue to Queens County vs. keep it in Manhattan County.
2 = Establish personal jurisdiction vs. not. 3 = Have lack of personal jurisdiction defense ruled moot vs. exists and viable. 4 = Preclude disclosure of overheard conversation vs. have it ruled discoverable. 5 = Have fact admitted vs. not admitted. 6 = Have claim heard in small claims court vs. dismissed. [My view at this point is that each event/motion will generate no more than one or two premises, and will be relatively straightforward of analysis. Therefore, the form of the phd dissertation time to essays on emma be allotted each will be roughly the same.
As it would interrupt continuity of train of thought and be time wasting to continue applying the Steps to all six, from this point on I shall work on each question to completion before going on to the next .] Step Two €” [Consider each pairing, party, and growing paper objective. Cull facts (and course outline) for relevant premises.] 1 = Venue of transitory action is overriding , (i.e., governs the determination, no matter which party's perspective/objective is considered. See definition of Step Two and footnote, page 104.) 2 = Nail and mail service vs. Critical On Emma. due diligence rule. [Complete analysis/discussion of No.2 (7-8 minutes??), then on to No.3; . . . No.4; . . . 5; . . . 6.] 3 = Rule re lack of personal jurisdiction and essay friendship grounds for waiver thereof overrides. 4 = Rule re discovery of spousal communication overrides.
5 = Requests for essays on emma, admission, and failure to respond thereto overrides. 6 = Res judicata rules override. Step Three €” [Consider each premise to note missing elements or real issues.] [Since there appear to be but one or two premises to be considered for each event/motion, and of the phd dissertation since I am working on each exclusive of the others, Step Three is critical essays, unnecessary as an independent exercise. It is part and parcel of inspecting the law giving rise to the premise under consideration to determine whether it is necessary to state all of the law to begin the first paragraph of analysis, or whether one or more elements can be focused on growing paper as pivotal.] Preview of a logical sequence for discussion €” No overlap of critical essays on emma discussion apparent. No reason apparent not to proceed in paper the chronology given.
[When question(s)/instruction(s) offer a labeling format, you of course normally use it. The professor/bar grader will likely be looking for it (Here -- 1,2,3, etc. It seems unnecessary, time wasting, and probably confusing to mention conflict pairings here. Essays On Emma. However, I am thinking of and guided by them.] Generally, unless compelling reasons exist to direct otherwise, a transitory action [flag relevant law with underlining or boldface] should be tried in the county where the action arose. Transitory has been defined to mean that the ferro homework transaction that is the critical subject of the action could have occurred anywhere. Ferro Homework. Coris' fall and the destruction of the racquet could have occurred anywhere. [Concludes statement of relevant premise, i.e., controlling legal precept, that abruptly begins every paragraph.] Moreover, Coris, Only For Us, Inc. (OFU), and Jett Setter all reside in Queens County. The residence in New York County of Coris' mother, Doris, whose claim is minor, is the only apparent reason for trying the action in New York County.
It is hardly compelling. [Concludes lawyerlike analysis -- application of law to relevant facts.] Conclusion : The motion should be granted. [No hedging, as this seems open and shut.] So-called nail and mail service will satisfy the requirements of personal jurisdiction only where personal service on a defendant cannot be effected through due diligence. [Law.] It has been held that three attempts at in hand service at a defendant's place of critical essays business, without attempting to serve the defendant at ferro homework, home or leave the summons and complaint with a person of suitable age and discretion at the place of business does not satisfy the requirements of due diligence. Plaintiffs made no attempt to serve defendant Setter personally other than twice unsuccessfully at his place of critical essays business. [Analysis.] Conclusion: The attempted nail and mail service was likely [Hedging!] ineffective for lack of of discipline in student life due diligence. Where a defendant who has not been properly served nevertheless appears in on emma an action, answers the complaint, and interposes affirmative defenses, but never moves to dismiss for paper editing, lack of personal jurisdiction, nor at any time claims lack of personal jurisdiction, the defense of lack of personal jurisdiction will be deemed waived upon the taking of an appeal. Essays. [Law.] Setter, as concluded above, was never properly served. Nevertheless, he appeared, answered the growing paper complaint, defended in the action, and at no time prior to appeal claimed lack of personal jurisdiction. Arguably, raising the claim on critical appeal is after trial. However, waived upon the taking of an appeal clearly indicates that the time for raising the claim would be deemed tolled. [Analysis.] Conclusion : Setter's defense of lack of editing personal jurisdiction would be deemed waived on appeal.
Generally, all information that is not privileged and is relevant to the subject matter of the action is discoverable, even if not admissible as proof. Confidential communications between husband and wife are privileged from disclosure by either spouse and by a third party (e.g., an eavesdropper). [Law.] Coris' statement that she had smashed the racquet was relevant for its truth, as well as an indication of Coris' truthfulness. Confidential normally implies private or secret. [Add clarification, or law, where needed, and appropriate.] A conversation at a phone that was apparently near other phones would not seem confidential. Moreover, given that Coris had not yet determined to sue, her statement in critical the context of it audit resume remarks about dinner and a hot tub seems merely casual. [Analysis.] Conclusion : The motion will fail.
The conversation with the husband was not confidential, and therefore not privileged. A request for an admission imposes a duty on the party served to acknowledge the existence of facts that are not in critical doubt and that should not be necessary to about unusual prove at critical on emma, trial. However, inter alia, it is not proper to request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is ferro homework, negligent, per se). The statement in question seems manifestly a matter that is in essays on emma some doubt, and that may be necessary to prove at research editing, trial. Moreover, in that negligence is a legal conclusion, the statement would appear to critical essays be an abstract statement of law. Conclusion : Doris' disregard of the request is of no consequence, as said request imposed no duty of acknowledgment. A final judgment on the merits of a claim or cause of action generally precludes reassertion of that claim or cause of action in paper a subsequent suit. Doris' action in small claims court is grounded in the same facts (destroyed tennis racquet) and sets forth the same cause of action as the one dismissed in the primary action herein. A directed verdict during trial seems both a final judgment and a judgment on the merits. Conclusion : The action in small claims court would be dismissed as res judicata.
Corporations Hypothetical (50 min.) The RIP Corporation, formed in 1998 by the Bottomline brothers, Ohmy, Padthe, and Savethe, for the purpose (as duly set forth in its bylaws and articles of incorporation) of manufacturing and retailing so-called landscape rape accessories for four wheel drive and other off-the-road vehicles, quickly prospered and went public. Between 1999, when 100,000 shares were first sold over critical essays on emma, the counter, and 2001 the total value of RIPCORP (as the enterprise was affectionately known) shares, after two splits, rose tenfold to forty million dollars. About Friendship. Flush with their success and invincible in their avarice, the essays Bottomline brothers led RIPCORP in the aggressive pursuit of profit wherever it might be found. The brothers held the chief executive positions in harvard of the the corporation, as well as a majority of seats on the board of directors. Essays. They further owned thirty percent of the outstanding shares, by far the growing largest voting block. Thus, acquiescence in their increasingly bold ventures was virtually assured. Matters began to tangle when Meddle, a shareholder of record since purchasing 100 shares at the initial offering, took umbrage at RIPCORP's proposed acquisition of critical Southeast Asia ski resort options.
In the fall of 2001 Meddle sought permission to inspect the RIPCORP minutes and other records relating to the ski resort venture. When she refused to accede to the demand of the Bottomline brothers that she first divulge her intentions regarding the inspection, the brothers issued a directive limiting access to the books and records to persons cleared by them, and under no circumstances to Meddle or her representative. Thereupon Meddle brought suit in her own right and on it audit resume behalf of RIPCORP against the corporation and the Bottomline brothers personally to gain access to the books and records, to block the ski resort venture as an ultra vires act, and for repayment by essays, the RIPCORP board of research directors of any expenses incurred in connection with the pursuit of said venture. 1) RIPCORP moved to dismiss the action for, inter alia, lack of standing, failure to critical essays on emma first make a demand on the board of directors, and failure to it audit resume state a cause of action. 2) RIPCORP moved in critical on emma the alternative that the court require Meddle to gsas of the phd dissertation post $25,000 security for critical essays on emma, costs as a precondition to ferro homework continued maintenance of the critical suit. 3) Meanwhile, the RIPCORP board passed a resolution providing for indemnification of the directors in the event Meddle prevailed, and purchased insurance to provide for same. Meddle immediately moved to quash these actions. How should the court decide the motions under 1, 2, and 3 above? RELEVANT LEGAL PRINCIPLES FOR CORPORATIONS HYPO. Ultra vires acts €” Generally includes acts beyond the ferro homework purpose or powers of the corporation, and sometimes includes acts within the purposes and essays powers of the corporation, but performed in an unauthorized manner or without authority. Many jurisdictions now restrict ultra vires challenges to the following: 1) the right of a shareholder to essay on value in student enjoin unauthorized corporate acts; 2) the right of the attorney general of the state to on emma enjoin such activities; 3) the right of the corporation to form recover damages from the officers and/or directors (present or former) responsible for the ultra vires act(s).
Shareholder inspection rights €” Generally, shareholders have a limited right, founded in common law and statute, to critical inspect corporate books and records which are relevant to a proper purpose. Courts will determine whether a purpose is proper. A shareholder may examine the stock book and harvard form of the phd dissertation minutes of stockholder meetings on demand if 1) he has been a stockholder of record for at least six months immediately preceding the demand; or 2) he is a holder of 5 percent of any class of outstanding shares. Shareholder rights of action €” Generally, a shareholder may sue the corporation in his own name to enforce his rights as a shareholder, and/or on behalf of the corporation to procure a judgment in critical essays on emma favor of the corporation. Of Discipline In Student. The latter derivative action may be maintained only if 1) the plaintiff is a shareholder when the action is brought; 2) the essays on emma plaintiff was a shareholder when the alleged wrong to it audit resume the corporation occurred; and 3) the plaintiff shows in his complaint that he has demanded that the board of critical essays on emma directors commence the action, or that there are sufficient reasons for not making the demand (e.g., the board members are the growing defendants). Note that in order to critical essays on emma minimize the possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, the corporation may require the plaintiff to editing post security for costs, unless 1) the plaintiff or plaintiffs hold at least 5 percent of any class of outstanding shares; or 2) the value of their shares exceeds $50,000.
Indemnification €” Generally, a director or officer may not be indemnified (reimbursed) against a judgment obtained against him in critical a direct action by the corporation, or a derivative action on behalf of the corporation, or for amounts paid in growing settlement thereof. The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is critical on emma, adjudged to have violated his fiduciary duty of good faith and reasonable care in the circumstances. The corporation may purchase insurance to paper indemnify officers and directors for even the critical essays on emma above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown. MODEL RESPONSE TO CORPORATIONS HYPOTHETICAL. Preliminary Overview €” The three motions referred to of discipline in student life by the question are like three questions, each to critical be considered separately. [Note the enormous benefit here of it audit resume skipping over the facts.] Step One €” Conflict pairing(s) : [A quick review of the motions in critical conjunction with the sentence that precedes them reveals the single conflict pairing throughout.] RIPCORP, Inc. v. Meddle, etc., or vice versa for each motion (i.e., question). Objectives : [Somewhat confusing, as the sentence immediately preceding the motions reflects three ultimate objectives of Meddle. However, the objectives relevant to a Step One analysis and the question are implied in the three motions. Harvard Form Phd Dissertation. Note that motion #1 also provides Movant RIPCORP's premises (!!). Whether the ultimate objectives will be achieved depends upon essays resolution of the motions.] 1) dismiss the on value of discipline in student life action versus keep it going;
2) $25,000 security be required to be posted, versus not; 3) board indemnification resolution and purchase of insurance be quashed, versus maintenance of same. Step Two €” [RIPCORP is movant for motions 1 and 2, Meddle for 3. The motions themselves, especially the first, point to overriding premises. In that a court may dismiss all or part of critical essays on emma a suit, each premise must be considered in light of growing paper each of Meddle's objectives set forth in the preceding sentence . The facts in the first two paragraphs need only be considered for purposes of essays on emma analysis.] 1) Lack of standing, failure to first make a demand on the board, and failure to ferro homework state a cause of action respecting each of Meddle's three objectives = potentially nine discussions. Critical. but probably not. 2) [Must refer to harvard form of the relevant portions of corporations toolbox.] The law [Noted in critical toolbox only.
Don't write it in ferro homework your outline.] respecting requirement that a shareholder plaintiff in action against corporation post bond. 3) The law respecting indemnification and/or insurance of critical essays on emma directors in such a suit. Step Three €” [The motions seem more or less equivalent in weight. Given the complexity of the relevant premises noted in Step Two, the effort necessary for a Step Three analysis seems needlessly duplicative of the analysis to be performed in writing the actual response. Therefore, it seems advisable to skip Step Three and go to up essay the writing phase .] Preview of on emma a logical sequence for discussion €” No reason apparent for not proceeding chronologically. Lack of ferro homework standing/failure to state a cause of action. Generally, a shareholder may sue the corporation in her own name to enforce her rights as a shareholder, and/or on behalf of the corporation to procure a judgment in favor of the corporation.
Inter alia, the latter derivative action can be maintained only critical essays, if the plaintiff is in student life, a shareholder when the action is brought and critical on emma when the alleged wrong to of discipline life the corporation occurred. Meddle (M) is currently a shareholder, and has been since long before the essays on emma ski resort venture. Generally, shareholders have a limited right, founded in common law and harvard gsas form phd dissertation statute, to critical inspect corporate books and records which are relevant to a proper purpose. Courts will determine whether a purpose is proper. A shareholder may examine the unusual stock book and minutes of stockholder meetings on demand if she has been a stockholder of record for at least six months immediately preceding the demand; or she is on emma, a holder of five percent of any class of outstanding shares. M's 100 shares, presumably grown after 'two splits to 400, constitutes much less than five percent of any class of it audit resume shares.
However, she has been a stockholder of record since the initial offering, over two years prior. So-called ultra vires acts €” acts beyond the purposes or powers of the corporation, and sometimes acts within the purposes and powers of the corporation, but performed in an unauthorized manner or without authority may properly be challenged by essays, shareholders. Moreover, the corporation may recover damages from the officers and/or directors (present and ferro homework former) responsible for the ultra vires act(s) . Given that RIPCORP's stated corporate purpose is to manufacture and retail accessories for critical essays on emma, off-road vehicles, the Southeast Asian ski venture (Venture) has the appearance of an ultra vires act for which damages may be sought. Failure to ferro homework first make a demand on the board. Another requirement for maintaining a derivative action is that the plaintiff demand that the critical board commence the action, or there be sufficient reasons for not making such demand (e.g., the board members are the defendants). The Bottomline brothers are named in M's suit and hold a majority of seats on the board, thereby satisfying the exception. Conclusion : The motion should be denied, as all of RIPCORP's challenges lack merit. Corporations, in order to minimize the possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, may require a shareholder plaintiff to post security for costs , unless the plaintiff or plaintiffs hold at least five percent of any class of outstanding shares, or the essay on value in student value of their shares exceeds $50,000. M's 100 shares constituted but 1/10th of one percent of the critical essays on emma initial 100,000 share offering.
Their value at the time of the suit would have been 1/10th of one percent of forty million dollars, or approximately $40,000. However, M has been a shareholder since the very beginning of the corporation, and, as set forth, supra , a challenge to the Venture seems hardly without merit. Friendship. [Yes, basic math may be necessary!] Conclusion : Although M falls $10,000 short of the $50,000 exception, the motion should probably be denied. Given that M's sharehold nearly satisfies the exception, and the policy justification underlying the security requirement seems utterly lacking, it is unlikely that a court would permit the corporation to impose this financial impediment. [Note the use of the policy underpinning as a basis for a counterargument.] Generally, a corporate director (or officer) may not be indemnified against a judgment obtained against essays on emma, him in a direct action by the corporation or a derivative action, or for amounts paid in it audit resume settlement thereof. The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and reasonable care in the circumstances.
The corporation may purchase insurance to indemnify officers and directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown. [Given this much legal preamble, it seems appropriate to begin the analysis in essays a new paragraph.] M's action is in part derivative on behalf of RIPCORP, and growing paper a judgment obtained in this respect cannot be indemnified against. The facts are unclear about whether the resolution indemnifies against expenses of essays on emma defending against the action. Assuming, arguendo , that it does, the inherent improbability, indeed inherent folly of the Venture, coupled with its seeming obvious ultra vires aspect, strongly suggests a violation by the directors of on value their duty to exercise reasonable care, if not a violation of their duty to act in on emma good faith. However, given that RIPCORP appears to have been engaged for some time in it audit resume a pattern of divers schemes wholly unrelated to its stated purpose, it is essays, unlikely that a court would be willing to take judicial notice of such a conclusion so early in the proceedings. Nothing in the facts suggests deliberate dishonesty or unlawful gain on the part of it audit resume any RIPCORP director/officer that would preclude the purchase of indemnification insurance. Conclusion : The motion should be granted as to essays any portion of the resolution that purports to indemnify against judgments obtained on behalf of the corporation, denied as to portions that indemnify against judgments obtained by M, and denied with leave to research paper renew at a later time with respect to all other portions. T properly executed a will in 1994, by the terms of essays on emma which he distributed his entire estate in the following manner: First: I bequeath my racehorse, Swayback, to my friend, X. Second: I bequeath $100,000 to my brother, Y. Third: I give, devise, and bequeath the rest, residue, and remainder of my estate to my faithful companion, Z.
In 1998, having fallen out with Z, T properly executed a new will with the following terms: First: I bequeath $100,000 to it audit resume my brother, Y. Second: I give, devise, and bequeath the rest, residue, and critical on emma remainder of my estate to my (new) faithful companion, B. In 1999, having reconciled with Z and spurned B, T properly executed a codicil to his 1994 will, by research paper, the terms of which he increased the legacy to critical Y to form of the phd dissertation $150,000; and in all other respects he ratified, confirmed, and republished the 1994 will. T died in 2001. In a probate proceeding the evidence established the following: 1) Although sober when he made the codicil in on emma 1999, T was drunk out of his mind when he executed the 1994 will.
2) T sold Swayback to a syndicate in 1997 for $200,000. 3) Inadvertently in 2000 T, falling asleep at his desk with cigarette in hand, set fire to some papers. One of the papers destroyed was the essay in student life original copy of the essays on emma 1999 codicil, which T had been reviewing. 4) Y died in 2000. 5) S, the son of Y, was one of ferro homework several witnesses to T's execution of the critical essays on emma 1994 will.
Discuss the rights of the various parties in growing up essay terms of who takes what from essays on emma, T's estate. RELEVANT LEGAL PRINCIPLES FOR WILLS HYPOTHETICAL. Ademption €” Occurs when a specific legacy (defined below) is not in existence or not in the possession of the testator when he dies (because, for example, it has been sold or given away). When an ademption occurs, the gsas form legatee takes nothing. Death of a beneficiary €” A disposition to a beneficiary who predeceases the testator ordinarily lapses (returns to the estate). By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the legacy in equal proportions per stirpes . Disposition of estate €” Shall be in accordance with a decedent's last will and testament. Execution of a will €” A properly executed will implies at least two witnesses thereto who do not stand to take under said will. Republication €” A properly executed codicil to a revoked will operates as a republication of critical a will that is, in it audit resume form, properly executed. This is so despite the fact that the will so republished may have been invalid for critical on emma, want of testamentary capacity at the time of making.
Revocation €” As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to have revoked the prior will by implication. A will may further be revoked by means of its physical destruction. Growing Paper. Such destruction, however, must be accompanied with the intent and for the purpose of revoking the will. Specific legacy €” A bequest of a particular, individualized chattel, differentiated from all other articles of the same or similar nature. It must be taken by the legatee as and where he finds it. Testamentary capacity €” Absent evidence to the contrary, testamentary capacity will be presumed where the testator, in critical essays executing a will or other document, accurately recites the nature and extent of his property, and essay about recognizes the natural objects of critical essays his bounty. Witness as beneficiary €” A witness to a will may take under that will, providing said will can be proved in essay of discipline life probate without his assistance. MODEL RESPONSE TO WILLS HYPOTHETICAL.
Preliminary Overview €” The instruction points to parties who stand to take from T's estate. Each will be in opposition to anyone or anything that would prevent him from critical essays, taking from T's estate. Step One €” X, Y, Z, B, and A vs. anyone or thing (including each other, T, the state, or the estate) that stands between him and harvard of the taking from T's estate. B v. Z seems a key conflict. Step Two €” [Each claimant must establish that the will or codicil upon which he bases his claim is valid and controlling. Each will likewise seek to defeat a competitor claim. Legal precepts governing testamentary disposition set forth in my wills toolbox will come into play. However, it would be inefficient and critical essays on emma confusing to try to sort them out at this point. Better to focus on one conflict at a time in the writing phase. Possibly there will be overlap of premises/discussion.] Step Three €” [Having declined to set forth the premises of the various parties in Step Two, I may as well go straight to essay about unusual friendship the response.
My impression is that once the controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of a per stirpes witness, S, to take may be an interesting discussion. Preview of a logical sequence of discussion €” Resolving which instrument controls seems the obvious first step. Therefore, beginning with B v. Z would seem to make sense. B and Z's rights [This label conforms to the instruction. B v. On Emma. Z might confuse.
But I'm thinking B v. Z!] As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the essay unusual testator's property, shall be deemed to have revoked the prior willby implication. The 1998 will was inconsistent with the 1994 will and made a complete disposition of T's property, thereby revoking the 1994 will and Z's legacy. However, a properly executed codicil to essays a revoked will operates as a republication of a will that is, in form, properly executed. This is so despite the fact that the will so republished may have been invalid for want of testamentary capacity at the time of making. The properly executed 1999 codicil republished the essay on value of discipline properly executed 1994 will, thereby restoring Z's legacy. The fact that T was sober when making the codicil moots any effect of T having been drunk when making the 1994 will. There being no evidence to the contrary, the fact that T in critical essays on emma executing the codicil accurately recited the about unusual nature and extent of his property and recognized the natural objects of his bounty will establish his testamentary capacity in making the codicil. Although a will may be revoked by means of critical essays on emma physical destruction , such destruction must be accomplished with the intent and for the purpose of revoking the it audit resume will. The circumstance that the original copy of the codicil was destroyed inadvertently in 2000 is thus of no avail to B.
Conclusion : The 1998 will is revoked, and B takes nothing. Z takes the rest, residue, and remainder of T's estate under the critical 1999 codicil that revived the 1994 will. An ademption occurs when a specific legacy (i.e., a bequest of a particular, individualized chattel, differentiated from growing, all other articles of the same or similar nature) is not in existence or not in the possession of the testator when he dies. When an ademption occurs, the legatee takes nothing. The racehorse, Swayback, appears to be such a particular, individualized chattel. In that Swayback was sold prior to T's death, the republication of the 1994 will is of no avail to X.
Conclusion : X takes nothing from T's estate, as his legacy has adeemed. A disposition to a beneficiary who predeceases the testator ordinarily lapses. By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the critical essays on emma legacy in equal proportions per stirpes . Therefore, although Y predeceased T, Y's son, S, would take the $150,000, providing he is not disqualified by having witnessed the gsas phd dissertation now republished 1994 will. A witness to a will may take under that will, providing said will can be proved in probate without his assistance. A properly executed will implies at least two witnesses thereto who do not stand to take under said will. S was one of on emma several witnesses to the 1994 will, implying that more than two persons witnessed the will. Therefore, presumably two other witnesses exist to growing up essay prove the critical will in harvard form of the probate. NB: Arguably S should be permitted to take under the 1994 will per stirpes, even were he one of only critical essays on emma, two witnesses to the will.
The rationale for not allowing a witness necessary to probate to take under the research editing will being probated is presumably the conflict of interest posed. The reliability of a witness with a vested interest in having the critical essays on emma will probated is compromised. Y, however, not S stood to take under the 1994 will. Had there been any consideration of Y predeceasing T, and therefore S taking, S probably would not have been asked to witness the will. However, it could also be contended that that was then, and now S does have a compromising vested interest. [This latter paragraph is not necessary.
However, it demonstrates the kind of interest and thoughtfulness that may catch a professor's attention and it audit resume garner an A. Possibly it should be highlighted in some way, perhaps with a red star. I might even decide to put it on the blank page left at the beginning. (See p.75.)] Conclusion : Y, having predeceased T, will take nothing. However, Y's intended legacy will go to the son, S, per critical essays stirpes . S's having witnessed the will under which he takes should not disqualify him, providing two others of the several witnesses to the will exist to gsas form phd dissertation prove it in on emma probate. Actual Civil Procedure I Exam, Fall 2006, U. Editing. Memphis School of critical essays Law (with Model A+ Response and Professor Comments) [The example that follows is an research paper, actual exam and model response sent to us by one Richard Townley, Sr., U. Memphis class of 2009E (evening division). Critical Essays On Emma. The exam was given jointly to two first year classes by their professors. Richard ordered the audio CD version of it audit resume LEEWS. His is the verbatim model response offered to students — with professor comments! — as what was wanted. His response received the highest grade, one of only two A+ grades.
His accompanying remarks are reprinted in the Results section. Inter alia (among other things), he said, LEEWS was absolutely essential to my success. . The exemplar is, in essays fact, *my* exam essay answer, and if I say so myself, it's a pretty good LEEWS exemplar as well. We reiterate that the LEEWS objective for every response is growing up essay, a series of paragraphs, each beginning with relevant law and presenting balanced lawyerlike analysis. . What is surely wanted when confronted with a task such as what follows is a system whereby in structured, step-by-step fashion, the examinee knows exactly what is wanted and how to proceed and present. For example, a LEEWS grad will immediately skip over the confusing fact pattern to the question/instruction, typically at the end, and perform Step One. A LEEWS grad has also read many such introductory instructions, and therefore will skim through quickly to critical note what, if anything, is new and/or unusual.
Note that the average student managed less than 17 points out of a possible 45 on the essay exam versus Richard's 39 (!!). . It may be further noted that although these professors did not require a so-called IRAC format [and we commend that!), Richard's paragraphed response could easily have been conformed to a Follow IRAC instruction by merely introducing an issue statement before each paragraph, and a conclusion statement at the end. LEEWS posits that in on value of discipline general issue statements are unnecessary, as starting a paragraph with law implies the issue, and conclusions are unimportant.] Civil Procedure I -- Exam Results -- Fall, 2006 (§ 11 = Prof Banks, § 12 = Prof Entman) Essays - 45 points. Average -- § 11 [17.2]; § 12 [16.1]; both sections [16.6] Range -- § 11 [3 - 42]; § 12 [4 - 39] Multiple Choice - 55 points (35 questions) Average -- § 11 [33.70]; § 12 [35.00]; both sections [34.36] Range -- § 11 [18.86 - 50.29]; § 12 [17.29 - 53.43] Total - 100 points. Average -- § 11 [50.90]; § 12 [51.09]; both sections [50.99]
Range -- § 11 [22.86 - 92.29]; § 12 [26.29 - 83.00] Average Grade - § 11 [2.33] Both Sections [2.34] § 12 [2.34] A+: 82 and above. F : 0 - 32. INSTRUCTIONS - Read these instructions carefully. You are responsible for following them to the letter and will be assessed a point penalty or given a failing grade for failure to follow instructions. Before you begin work on this examination, be sure that you have an examination booklet consisting of 8 consecutively numbered pages -- beginning with this page. Part I consists of problems calling for written analysis. Part II consists of 35 multiple choice questions. On Emma. If your examination is incomplete, you should advise the harvard form of the instructor immediately. On Emma. It is your responsibility to ensure that you are working with a complete examination.
The exam is closed book. You may not use any material other than this examination booklet, the editing answer sheet, blank paper and essays on emma an appropriate writing instrument. Gsas Form. You may not, of course, confer with or receive assistance from any other person. Your answers for Part I should be written on the paper provided. Be sure to identify clearly which subpart you are answering (e.g., I. A.).
When you have completed your answers to Part I, number your pages consecutively, write your identification number on each page, and staple all of the critical essays pages together in the upper left hand corner. 1. Answer only the question asked and do so with organization, precision, legibility, and proper grammar and spelling. 2. If a court rule or a statute is relevant to a problem, you may identify it by number, but you must discuss its substance whether or not you mention the rule or statute by number. 3. Write on it audit resume only one side of critical essays a page and leave a left margin. Write your identification number in the space provided on the answer sheet for Part II and mark the appropriate corresponding circles on your answer sheet to indicate your examination number. Do not staple the it audit resume answer sheet for Part II to anything. Submission of essays on emma Exams -- General Instructions When you have finished the examination, place your answers to Part I, your answer sheet for Part II, and the exam booklet in the separately designated boxes.
All examination booklets must be turned in. You must write your identification number on this exam booklet at the top of the first page and return the booklet in order that your exam answer sheet may be matched with the in student correct version of the answers. Critical Essays On Emma. Do not write your name on anything. For this examination, unless we have specifically studied to the contrary, you should assume the following: 1. all states have adopted rules of civil procedure identical to the Federal Rules of Civil Procedure; 2. all states have enacted statutes that authorize the paper exercise of jurisdiction on each of the traditional bases recognized by the Supreme Court up to the date of its decision in International Shoe; 3. Critical Essays On Emma. all states have also enacted the following statutes: X.C.A. § 1-1-111: A court may exercise personal jurisdiction over a person (including an individual, his executor, administrator, or other personal representative, or a corporation, partnership, or any other legal or commercial entity) who acts directly or by an agent, as to a claim for relief arising from the person€™s. (a) transacting any business within this State; (b) causing tortious injury by an act or omission in this State; (c) causing tortious injury in this State by an act or omission outside this State if the growing up essay person regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from critical essays on emma, goods used or consumed or services rendered in this State; (d) owning, using or possessing any property situated in essay about unusual friendship this State; (e) contracting to critical on emma insure any person, property, or risk located within this State at the time of contracting. X.C.A. § 2-2-222: In any suit brought in the courts of this State, service of process may be achieved by sending a summons and a copy of the complaint by registered mail, return receipt requested, to the defendant's home address, or principal place of business, wherever located. The problems in form of the phd dissertation Part I are worth a total of critical 45 points.
They are not of equal weight. A. You are now an research paper, associate attorney in a law firm. Critical On Emma. Respond fully to on value in student life the following memorandum from one of your employers. €śI Quit€ť is not a recommended answer. To: Associate. Re: First Commercial Industrial Bank v. Isolde. Date: Dec.
11, 2006. [Fact pattern (hypo)] Tristan and critical on emma Isolde are partners in essay friendship a furniture repair business. Their shop is in the State of Swabia where most of their customers are from. Sometimes people from the nearby States of Prussia and Bavaria bring repair jobs to the shop in Swabia. Isolde was raised in Prussia and lived there with her parents until June, 2003, when she moved into an apartment in critical on emma Swabia to see if she would enjoy living away from home. In July, 2003, a vice-president of ferro homework First Commercial Industrial Bank of Prussia [€śFirst Commercial€ť] attended a lecture on critical on emma furniture repair that Isolde gave in Prussia. He decided that Tristan and Isolde had a promising business and that the bank would do well to growing paper procure their business. After receiving a letter at essays on emma, their shop offering the bank€™s services, Tristan and Isolde decided to borrow $150,000 from it audit resume, First Commercial.
By telephone, they requested the on emma bank send them the paperwork at their shop. On August 15, 2003, Tristan and Isolde signed the loan papers at their shop and Tristan immediately took them to it audit resume First Commercial€™s main office, located ten miles away in the State of Prussia. Essays On Emma. First Commercial then gave them a check for harvard gsas form, $150,000 minus closing costs of approximately $5,000. The loan agreement provided that its interpretation and validity would be governed by critical essays, the law of Prussia and research that it was to be repaid in two years. Due to financial difficulties, Tristan and essays Isolde made only of discipline life, two payments on the loan. When First Commercial threatened to sue them, Tristan settled the bank€™s claim against him for $50,000. First Commercial then sued Isolde in essays the United States District Court for Prussia to harvard collect the unpaid principal and critical interest. First Commercial€™s attorney served Isolde with process by registered mail, return receipt requested, to her at the shop in ferro homework Swabia. On May 15, 2005, after Isolde failed to respond to the complaint and summons, the court entered a default judgment against on emma, her for gsas form of the phd dissertation, $100,000. On December 1, 2006, First Commercial sought to register the judgment against Isolde with the essays on emma United States District Court for the District of essay life Swabia.
In conjunction that proceeding, First Commercial procured a writ of garnishment, attaching $10,000 that Isolde had in a bank account in Swabia. First Commercial also procured a writ of garnishment from the critical essays federal court in Bavaria, attaching a $5,000 debt owed to Isolde by gsas of the, one of her customers there. [Question/instruction] We represent Isolde. Critical Essays. Please submit a memo to on value of discipline life me discussing fully whether Isolde has any defenses she may raise to the enforcement proceedings in Swabia and Bavaria. Be sure to discuss fully any possible defenses that you may have considered and essays on emma rejected and explain fully why you have rejected them.
B. The next day, you receive the following memorandum from the same partner. Again, respond fully. To: Associate. Re: First Commercial Industrial Bank v. Isolde. Date: Dec. 12, 2006. I have now learned that Isolde was involved in an automobile accident in Swabia a week after she was served with process by registered mail. She was rendered unconscious for two days.
An ambulance rushed her to the nearest hospital, which was located in Prussia. Three days after the accident, but while she was hospitalized in Prussia, a private process server acting on essay in student life behalf of First Commercial served Isolde in her hospital bed with a another copy of the summons and complaint for the same lawsuit. Given that she was served while in the state, it now seems to me that the critical essays judgment of the federal district court in Prussia against Isolde is unquestionably valid and is enforceable in both Swabia and Bavaria. It Audit Resume. Please discuss fully whether you believe that assumption is valid and whether the service on critical Isolde in the hospital establishes jurisdiction. The discussion below is a verbatim copy of a student€™s essay that received a top grade. Commentary by Professors Banks and Entman appears in brackets. . [LEEWS note: We reprint this commentary in blue.] LEEWS NOTE: “IRAC” (merely a formula for organizing analysis of an issue) prescribes a statement of I ssue to precede the statement of R ule, and the discussion ( A nalysis). (And C onclusion at harvard gsas of the phd dissertation, the end.) The LEEWS paragraphing format posits that an abrupt statement of premise (relevant law) to begin a paragraph implies the critical on emma issue, making a separate statement of issue unnecessary (thereby saving time).
Richard's model response in LEEWS format does this. Our only suggestion is that underlining or boldfacing key words in the preamble of law — e.g., Subject matter jurisdiction in the opening paragraph, federal diversity statute in the next — to assist the professor in recognizing the ferro homework topic (issue). Subject-matter jurisdiction. The federal courts are courts of limited jurisdiction; they can only hear certain types of claims as outlined in critical Article III of the life US Constitution and as authorized by Congressional Statute. First Commercial will argue that the US District Court has subject-matter jurisdiction to hear this case based on the diversity of citizenship of the parties. First Commercial is a citizen of Prussia. Isolde has been living in critical essays Swabia for one month. [The facts do not give sufficient information to know how long Isolde had been living in research Swabia at the time First Commercial filed its complaint, which is the critical time at which jurisdiction must either exist or not. At most, one can deduce that the suit was brought as early as November 2003 or as late as April 2005. Consequently, Isolde must have been living in Swabia for more than one month, but not the of the two or three years that some students stated.] She can argue that she is still domiciled in Prussia, where she lived her whole life up to June of 2003, because she only moved to Swabia temporarily, to see €śif she would enjoy€ť life on her own.
If Isolde is critical essays on emma, found to be a domiciliary of Prussia, then there is not diversity of it audit resume citizenship and thus no subject matter jurisdiction. However, if Isolde is found to have relocated to Swabia with the intent of staying for the indefinite future, then the on emma parties are diverse. The federal diversity statute also requires the amount in essay in student life controversy to exceed $75,000. The $100,000 judgment against Isolde satisfies this requirement. N.B. [Please do not use abbreviations, including this one.] This action could not be brought under €śfederal question€ť jurisdiction because breach of contract is a state common-law claim. Therefore nothing in the plaintiff€™s complaint arises under the Constitution and laws of the critical United States. Subject-matter jurisdiction is never waived, and in this case, it has not been previously litigated, so it could be raised on collateral attack. However, it is more likely than not that the court will find that Isolde did move to Swabia with the intent to stay indefinitely, so the District Court in essay unusual friendship Prussia probably did have subject-matter jurisdiction. Personal jurisdiction. In the alternative, Isolde can argue that the rendering court in Prussia lacked jurisdiction over the person. Because this has not been litigated, it can be raised on collateral attack in the enforcing court. [We would have preferred a discussion at this point that specifically points out that Isolde never even appeared in critical essays on emma the first action.
Most of you could have improved your answers by making better use of the facts to up essay paper support your analysis. Critical On Emma. The reason Isolde can raise personal jurisdiction on collateral attack is because she did not appear at all in the original action. Since she did not appear, there is no reason to discuss Rule 12.] First, Isolde will argue that there are no traditional bases for establishing jurisdiction over her in Prussia. Harvard Gsas Phd Dissertation. N.B. The federal courts derive their personal jurisdictional reach from the state in which they are situated, so the on emma District Court can exert personal jurisdiction over an out of state defendant only if the state court could do so. Isolde was not served with process with Prussia, so transitory [transient?] jurisdiction does not attach. Because it is research paper editing, necessary that she be domiciled in critical essays on emma Swabia to establish diversity of citizenship, First Commercial cannot argue that she be subjected to personal jurisdiction on the basis of domicile.
Even though the essay contract included a choice-of-law provision applying the laws of critical essays on emma Prussia to harvard gsas form of the possible disputes, that is not the same as a consent provision. [A surprising number of students referred to this as a forum selection clause. At least one student referred to it as a forum selection clause in part of the answer and a choice of law provision in critical another part of the research paper same answer. Another specifically stated that it was a forum selection clause and critical on emma not a choice of law provision. Mistakes of growing this type may be attributable to sloppy reading of the facts but they are also a strong indication of a serious lack of essays preparation. Failure to devote sufficient time to study of the assigned materials frequently manifests itself in paper a person€™s demonstrated obliviousness to important distinctions. Others simply didn€™t know what to do with the fact, thus reflecting a failure to study the on emma Burger King opinion and to pay attention to our class discussions of it.] Statutory basis. First Commercial will argue that the long-arm statute conferred specific jurisdiction over Isolde on ferro homework the basis of the first of the enumerated acts: €śa) transacting any business within the critical on emma State.€ť The claim for relief, the $100,000 breach of ferro homework contract, arises from the defendant€™s act of entering into the loan contract, which First Commercial will argue was executed on Tristan€™s delivery of the loan documents to the Bank€™s main office in Prussia.
Isolde will counter that her act was signing the documents, which took place at the furniture shop in Swabia. This is a valid argument so long as the court reads the statute literally and narrowly. On Emma. However, if a court interpreted the statute broadly (See Gray v. American Radiator) it might find that the statute reaches the out of state act, the signing of the contract, which causes an in growing state result, the execution of the contract. [It is critical, probably not necessary to stretch the gsas form of the construction of the statute as the court did in Gray to hold that it confers jurisdiction, given the facts of critical essays on emma this problem. The statute covers transacting business in the forum state €śdirectly or by an agent.€ť Like McShara in Burger King, Tristan was acting on behalf of the partnership (thus as an agent) in delivering the papers to the bank. The facts specifically state that Isolde, along with Tristan, signed the papers and that he immediately took them to the bank. Essay. You should never, as many of you did, overlook the critical on emma statement that Isolde signed the papers or speculate that she may not have read them. Research Editing. There is critical on emma, simply no basis in the facts for speculating that Isolde didn€™t know what she was signing. Indulging in speculation that she might not have reveals desperation.] Constitutional Standard.
The Fourteenth Amendment to the US Constitution provides that no state shall deprive a citizen of life, liberty or property without due process of of discipline in student law. The U.S. Essays. Supreme Court defined the due process standard as it relates to about unusual friendship imposing personal jurisdiction on an out of state defendant in International Shoe: jurisdiction is constitutional only if the cause of action arises from the defendant€™s minimum contacts with the forum, such that the assertion of jurisdiction would not offend traditional notions of essays fair play and substantial justice. Assuming, arguendo, [LEEWS note: We teach the paper proper use of words like arguendo -- because they are useful and add a lawyerly caste to critical on emma the presentation.] that the it audit resume long-arm statute is sufficient to provide a statutory basis of jurisdiction over Isolde, would such jurisdiction be constitutional under the Shoe standard? [While it is implicit in the answer that the constitutional hurdle becomes important only if the court first accepts the argument that the critical statute confers jurisdiction, a perfect answer would have explained that relationship more fully.] Isolde will argue no, because the contact which gives rise to the claim, the signed loan contract, was brought into the forum by the unilateral actions of a third party, Tristan. Therefore, Isolde did not purposefully avail herself of the privileges of conducting activities in essay the forum, Prussia. First Commercial will counter that Tristan and Isolde were operating together to secure the loan. They reached into the forum when they called First Commercial. Isolde knew that Tristan was taking the documents to critical essays on emma Prussia, [run-on sentence, a sin committed by many students in these essays] therefore it was imminently [eminently] foreseeable that the harvard gsas of the contract would be executed there, and she could reasonably anticipate being haled into critical, court in Prussia over any disputes to the contract. Essay Unusual Friendship. (See Denckla, Worldwide VW).
While there are some open questions regarding minimum contacts, the facts seem to critical essays on emma favor First Commercial. In the alternative, [In addition?] can Isolde raise any of the fairness factors, defining €śfair play and substantial justice,€ť articulated in the US Supreme Court€™s Burger King decision? In weighing the relative burden on Isolde compared to the interest of First National in litigating in Prussia, it does not seem unfair to require Isolde to travel to a nearby state where she lived most of her life and where she sometimes appears to give lectures. The interest of the forum state in adjudicating the dispute would be well served because of the choice of law provision; Prussia has an interest in adjudicating its own laws. The interest of the several states in efficiency and public policy do not seem to enter the picture, so the fairness factors do not point to Prussia as an unfair forum for Isolde. Conclusion. Although Isolde has some colorable arguments, she probably cannot invalidate the original judgment on a defense of lack of personal jurisdiction.
[Many of you neglected altogether most of the issues about validity of the phd dissertation Prussia judgment treated in the foregoing answer, instead discussing at length personal jurisdiction, subject matter jurisdiction, and critical service of process in the enforcement proceedings in Swabia and Bavaria. Such discussions reflect a lack of knowledge of our classwork on Assignment 27, a failure to read the growing up essay Shaffer v. Heitner opinion carefully, and a failure to study the essays problems following that opinion in the casebook.]
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Essays and criticism on Jane Austen's Emma - Critical …
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Critical Essay: Emma, Jane Austen
condillac essay Found on critical essays, the site US History resources in the translation by Dean Russell for the Foundation for essay unusual, Economic Education . Reformatted by Francois-Rene Rideau for on emma, Bastiat.org . Note that the headlines were introduced by the FEE translation, and were not present in the original text in essay about unusual, French La loi When a reviewer wishes to give special recognition to a book, he predicts that it will still be read “a hundred years from now.” The Law , first published as a pamphlet in June, 1850, is already more than a hundred years old. And because its truths are eternal, it will still be read when another century has passed. Frederic Bastiat (1801-1850) was a French economist, statesman, and author. He did most of his writing during the critical essays years just before and immediately following the Revolution of February 1848.
This was the ferro homework period when France was rapidly turning to complete socialism. As a Deputy to the Legislative Assembly, Mr. Bastiat was studying and critical essays on emma explaining each socialist fallacy as it appeared. And he explained how socialism must inevitably degenerate into communism. In Student? But most of critical on emma, his countrymen chose to ignore his logic. Gsas Form Phd Dissertation? The Law is here presented again because the same situation exists in America today as in the France of 1848. The same socialist-communist ideas and plans that were then adopted in France are now sweeping America. The explanations and critical arguments then advanced against socialism by Mr. Bastiat are word for word equally valid today.
His ideas deserve a serious hearing. The Foundation for paper editing, Economic Education, Inc. Irvington-on-Hudson, New York 10533. This translation of The Law was done by Dean Russell of The Foundation staff. His objective was an accurate rendering of Mr. On Emma? Bastiat's words and ideas into twentieth century, idiomatic English. A nineteenth century translation of The Law, made in 1853 in England by an unidentified contemporary of Mr.
Bastiat, was of much value as a check against harvard gsas form of the this translation. In addition, Dean Russell had his work reviewed by Bertrand de Jouvenel, the noted French economist, historian, and on emma author who is also thoroughly familiar with the English language. While Mr. de Jouvenel offered many valuable corrections and suggestions, it should be clearly understood that Dr. Russell bears full responsibility for the translation. The law perverted! And the police powers of the state perverted along with it! The law, I say, not only turned from ferro homework its proper purpose but made to follow an entirely contrary purpose! The law become the weapon of every kind of essays on emma, greed! Instead of research paper editing, checking crime, the law itself guilty of the evils it is supposed to punish! If this is on emma true, it is it audit resume a serious fact, and essays moral duty requires me to call the attention of my fellow-citizens to it.
We hold from God the gift which includes all others. This gift is life physical, intellectual, and moral life. But life cannot maintain itself alone. The Creator of life has entrusted us with the about friendship responsibility of preserving, developing, and perfecting it. In order that we may accomplish this, He has provided us with a collection of marvelous faculties. And He has put us in the midst of a variety of natural resources. By the application of our faculties to essays, these natural resources we convert them into products, and use them. This process is form of the phd dissertation necessary in critical, order that life may run its appointed course. Life, faculties, production in other words, individuality, liberty, property this is man. It Audit Resume? And in spite of the cunning of artful political leaders, these three gifts from God precede all human legislation, and are superior to essays on emma, it. Life, liberty, and property do not exist because men have made laws.
On the contrary, it was the fact that life, liberty, and property existed beforehand that caused men to make laws in it audit resume, the first place. What, then, is law? It is the collective organization of the individual right to essays, lawful defense. Each of us has a natural right from God to defend his person, his liberty, and his property. These are the three basic requirements of life, and on value of discipline in student life the preservation of any one of them is completely dependent upon the preservation of the other two. For what are our faculties but the extension of on emma, our individuality? And what is property but an extension of our faculties? If every person has the gsas right to defend even by force his person, his liberty, and on emma his property, then it follows that a group of men have the right to organize and ferro homework support a common force to protect these rights constantly. Thus the principle of collective right its reason for essays on emma, existing, its lawfulness is based on individual right. And the common force that protects this collective right cannot logically have any other purpose or any other mission than that for which it acts as a substitute. Thus, since an individual cannot lawfully use force against the person, liberty, or property of another individual, then the common force for essay in student life, the same reason cannot lawfully be used to destroy the person, liberty, or property of on emma, individuals or groups.
Such a perversion of force would be, in it audit resume, both cases, contrary to our premise. Force has been given to us to critical on emma, defend our own individual rights. Who will dare to say that force has been given to us to destroy the it audit resume equal rights of our brothers? Since no individual acting separately can lawfully use force to essays on emma, destroy the essay of discipline in student rights of critical essays, others, does it not logically follow that the same principle also applies to the common force that is nothing more than the ferro homework organized combination of the individual forces? If this is true, then nothing can be more evident than this: The law is the organization of the natural right of lawful defense. It is the critical essays on emma substitution of a common force for individual forces. And this common force is to do only what the individual forces have a natural and lawful right to do: to protect persons, liberties, and properties; to maintain the right of growing up essay, each, and to cause justice to reign over us all. If a nation were founded on this basis, it seems to me that order would prevail among the people, in thought as well as in deed. It seems to me that such a nation would have the most simple, easy to accept, economical, limited, nonoppressive, just, and enduring government imaginable whatever its political form might be.
Under such an administration, everyone would understand that he possessed all the privileges as well as all the responsibilities of his existence. No one would have any argument with government, provided that his person was respected, his labor was free, and the fruits of essays, his labor were protected against all unjust attack. Growing Up Essay? When successful, we would not have to thank the state for our success. And, conversely, when unsuccessful, we would no more think of blaming the state for our misfortune than would the farmers blame the state because of hail or frost. On Emma? The state would be felt only by the invaluable blessings of safety provided by this concept of government. It can be further stated that, thanks to the non-intervention of the ferro homework state in private affairs, our wants and their satisfactions would develop themselves in a logical manner. Critical On Emma? We would not see poor families seeking literary instruction before they have bread. We would not see cities populated at the expense of rural districts, nor rural districts at the expense of cities.
We would not see the great displacements of capital, labor, and population that are caused by harvard form of the phd dissertation legislative decisions. The sources of our existence are made uncertain and precarious by these state-created displacements. And, furthermore, these acts burden the government with increased responsibilities. But, unfortunately, law by no means confines itself to its proper functions. And when it has exceeded its proper functions, it has not done so merely in some inconsequential and debatable matters. The law has gone further than this; it has acted in direct opposition to critical essays on emma, its own purpose. The law has been used to destroy its own objective: It has been applied to research editing, annihilating the essays justice that it was supposed to maintain; to limiting and destroying rights which its real purpose was to growing paper, respect. The law has placed the collective force at the disposal of the unscrupulous who wish, without risk, to exploit the person, liberty, and property of others. On Emma? It has converted plunder into a right, in order to protect plunder. And it has converted lawful defense into a crime, in essay unusual, order to punish lawful defense. How has this perversion of the law been accomplished?
And what have been the results? The law has been perverted by the influence of two entirely different causes: stupid greed and false philanthropy. Let us speak of the first. Self-preservation and self-development are common aspirations among all people. And if everyone enjoyed the unrestricted use of his faculties and the free disposition of the fruits of his labor, social progress would be ceaseless, uninterrupted, and unfailing. But there is also another tendency that is critical common among people. When they can, they wish to live and prosper at research paper the expense of others.
This is no rash accusation. Critical Essays On Emma? Nor does it come from a gloomy and on value uncharitable spirit. The annals of critical, history bear witness to the truth of it: the paper incessant wars, mass migrations, religious persecutions, universal slavery, dishonesty in commerce, and essays monopolies. This fatal desire has its origin in the very nature of man in that primitive, universal, and insuppressible instinct that impels him to satisfy his desires with the least possible pain. Man can live and satisfy his wants only by ceaseless labor; by the ceaseless application of his faculties to natural resources. Growing Up Essay? This process is the origin of critical, property. But it is ferro homework also true that a man may live and satisfy his wants by critical essays on emma seizing and consuming the products of the labor of others. This process is the origin of plunder. Now since man is naturally inclined to avoid pain and since labor is pain in itself it follows that men will resort to plunder whenever plunder is research paper easier than work. History shows this quite clearly. And under these conditions, neither religion nor morality can stop it.
When, then, does plunder stop? It stops when it becomes more painful and more dangerous than labor. It is evident, then, that the proper purpose of law is to use the power of its collective force to stop this fatal tendency to plunder instead of to work. All the measures of the essays law should protect property and punish plunder. But, generally, the essay law is on emma made by one man or one class of men. And since law cannot operate without the essay on value in student sanction and support of a dominating force, this force must be entrusted to on emma, those who make the laws. This fact, combined with the fatal tendency that exists in the heart of man to satisfy his wants with the harvard gsas least possible effort, explains the almost universal perversion of the law. Thus it is easy to essays on emma, understand how law, instead of essay friendship, checking injustice, becomes the critical essays invincible weapon of injustice.
It is easy to understand why the law is used by the legislator to destroy in varying degrees among the rest of the people, their personal independence by slavery, their liberty by oppression, and their property by plunder. This is done for the benefit of the person who makes the law, and in proportion to the power that he holds. Men naturally rebel against growing up essay the injustice of which they are victims. Thus, when plunder is organized by law for critical, the profit of those who make the law, all the plundered classes try somehow to enter by on value of discipline life peaceful or revolutionary means into the making of laws. According to essays on emma, their degree of enlightenment, these plundered classes may propose one of two entirely different purposes when they attempt to attain political power: Either they may wish to ferro homework, stop lawful plunder, or they may wish to share in it. Woe to the nation when this latter purpose prevails among the mass victims of lawful plunder when they, in turn, seize the power to make laws! Until that happens, the few practice lawful plunder upon critical on emma the many, a common practice where the right to participate in the making of law is limited to a few persons. But then, participation in the making of law becomes universal.
And then, men seek to balance their conflicting interests by universal plunder. Instead of rooting out the injustices found in society, they make these injustices general. As soon as the plundered classes gain political power, they establish a system of ferro homework, reprisals against other classes. They do not abolish legal plunder. (This objective would demand more enlightenment than they possess.) Instead, they emulate their evil predecessors by participating in this legal plunder, even though it is against their own interests. It is as if it were necessary, before a reign of justice appears, for everyone to suffer a cruel retribution some for their evilness, and some for their lack of essays on emma, understanding. It is impossible to essay about, introduce into society a greater change and a greater evil than this: the conversion of the law into an instrument of essays on emma, plunder. What are the consequences of such a perversion? It would require volumes to describe them all. On Value Life? Thus we must content ourselves with pointing out the critical essays most striking. In the of discipline life first place, it erases from everyone's conscience the distinction between justice and injustice. No society can exist unless the laws are respected to critical essays, a certain degree.
The safest way to make laws respected is to make them respectable. When law and morality contradict each other, the citizen has the cruel alternative of either losing his moral sense or losing his respect for the law. These two evils are of equal consequence, and it would be difficult for a person to choose between them. The nature of law is to maintain justice. This is it audit resume so much the case that, in the minds of the people, law and justice are one and the same thing. There is in critical on emma, all of of discipline in student, us a strong disposition to believe that anything lawful is also legitimate.
This belief is so widespread that many persons have erroneously held that things are “just” because law makes them so. Thus, in order to make plunder appear just and sacred to many consciences, it is only necessary for the law to decree and sanction it. Slavery, restrictions, and monopoly find defenders not only essays among those who profit from them but also among those who suffer from them. If you suggest a doubt as to the morality of these institutions, it is boldly said that “You are a dangerous innovator, a utopian, a theorist, a subversive; you would shatter the foundation upon which society rests.” If you lecture upon morality or upon political science, there will be found official organizations petitioning the government in this vein of thought: “That science no longer be taught exclusively from the point of view of free trade (of liberty, of property, and editing of justice) as has been the case until now, but also, in the future, science is to be especially taught from the viewpoint of the essays facts and laws that regulate French industry (facts and laws which are contrary to liberty, to property, and to justice). It Audit Resume? That, in government-endowed teaching positions, the professor rigorously refrain from endangering in the slightest degree the respect due to the laws now in essays, force.”  Thus, if there exists a law which sanctions slavery or monopoly, oppression or robbery, in any form whatever, it must not even be mentioned. For how can it be mentioned without damaging the respect which it inspires? Still further, morality and political economy must be taught from the point of view of this law; from the supposition that it must be a just law merely because it is a law. Another effect of this tragic perversion of the law is that it gives an exaggerated importance to political passions and conflicts, and to politics in general. I could prove this assertion in a thousand ways.
But, by up essay paper way of critical essays, illustration, I shall limit myself to a subject that has lately occupied the minds of it audit resume, everyone: universal suffrage. The followers of Rousseau's school of essays, thought who consider themselves far advanced, but whom I consider twenty centuries behind the times will not agree with me on this. But universal suffrage using the word in its strictest sense is not one of those sacred dogmas which it is research editing a crime to examine or doubt. In fact, serious objections may be made to universal suffrage. In the first place the word universal conceals a gross fallacy. For example, there are 36 million people in on emma, France. Thus, to make the right of suffrage universal, there should be 36 million voters. But the most extended system permits only harvard gsas form phd dissertation 9 million people to critical essays, vote. Three persons out of four are excluded. And more than this, they are excluded by up essay paper the fourth.
This fourth person advances the principle of incapacity as his reason for excluding the others. Universal suffrage means, then, universal suffrage for those who are capable. Critical Essays On Emma? But there remains this question of growing paper, fact: Who is capable? Are minors, females, insane persons, and persons who have committed certain major crimes the only ones to be determined incapable? A closer examination of the subject shows us the motive which causes the right of suffrage to be based upon the supposition of incapacity. The motive is that the critical on emma elector or voter does not exercise this right for it audit resume, himself alone, but for essays on emma, everybody. The most extended elective system and research the most restricted elective system are alike in this respect.
They differ only in respect to what constitutes incapacity. It is not a difference of principle, but merely a difference of on emma, degree. If, as the republicans of our present-day Greek and Roman schools of thought pretend, the right of suffrage arrives with one's birth, it would be an injustice for adults to prevent women and it audit resume children from voting. Essays On Emma? Why are they prevented? Because they are presumed to ferro homework, be incapable. And why is incapacity a motive for exclusion? Because it is critical not the paper voter alone who suffers the consequences of his vote; because each vote touches and affects everyone in the entire community; because the essays on emma people in the community have a right to demand some safeguards concerning the essay life acts upon which their welfare and existence depend. I know what might be said in answer to this; what the objections might be. But this is not the critical on emma place to exhaust a controversy of this nature. I wish merely to observe here that this controversy over universal suffrage (as well as most other political questions) which agitates, excites, and overthrows nations, would lose nearly all of its importance if the law had always been what it ought to be.
In fact, if law were restricted to protecting all persons, all liberties, and all properties; if law were nothing more than the organized combination of the individual's right to self defense; if law were the obstacle, the check, the punisher of all oppression and plunder is it likely that we citizens would then argue much about the extent of the franchise? Under these circumstances, is essay it likely that the extent of the critical on emma right to essay about unusual friendship, vote would endanger that supreme good, the public peace? Is it likely that the excluded classes would refuse to critical essays on emma, peaceably await the coming of their right to vote? Is it likely that those who had the right to vote would jealously defend their privilege? If the law were confined to its proper functions, everyone's interest in the law would be the same. Is it not clear that, under these circumstances, those who voted could not inconvenience those who did not vote?
But on essay on value of discipline, the other hand, imagine that this fatal principle has been introduced: Under the pretense of organization, regulation, protection, or encouragement, the law takes property from one person and gives it to critical on emma, another; the law takes the wealth of all and gives it to it audit resume, a few whether farmers, manufacturers, ship owners, artists, or comedians. Under these circumstances, then certainly every class will aspire to grasp the law, and on emma logically so. The excluded classes will furiously demand their right to up essay, vote and will overthrow society rather than not to obtain it. Even beggars and vagabonds will then prove to you that they also have an incontestable title to vote. They will say to you: We cannot buy wine, tobacco, or salt without paying the tax. And a part of the tax that we pay is given by law in critical essays, privileges and subsidies to men who are richer than we are.
Others use the law to raise the prices of bread, meat, iron, or cloth. Thus, since everyone else uses the law for his own profit, we also would like to use the law for our own profit. We demand from the law the right to growing paper, relief , which is the poor man's plunder. Essays? To obtain this right, we also should be voters and legislators in order that we may organize Beggary on a grand scale for our own class, as you have organized Protection on a grand scale for your class. Now don't tell us beggars that you will act for us, and then toss us, as Mr. Mimerel proposes, 600,000 francs to keep us quiet, like throwing us a bone to research, gnaw. We have other claims. And anyway, we wish to bargain for ourselves as other classes have bargained for essays, themselves! And what can you say to answer that argument! As long as it is admitted that the up essay law may be diverted from its true purpose that it may violate property instead of protecting it then everyone will want to participate in making the law, either to protect himself against plunder or to critical, use it for plunder.
Political questions will always be prejudicial, dominant, and in student all-absorbing. There will be fighting at the door of the Legislative Palace, and the struggle within will be no less furious. To know this, it is hardly necessary to examine what transpires in critical, the French and English legislatures; merely to understand the on value life issue is to know the answer. Is there any need to offer proof that this odious perversion of the law is a perpetual source of hatred and discord; that it tends to destroy society itself? If such proof is needed, look at the United States [in 1850]. There is no country in the world where the law is kept more within its proper domain: the protection of every person's liberty and critical property. As a consequence of this, there appears to be no country in the world where the social order rests on editing, a firmer foundation.
But even in the United States, there are two issues and only two that have always endangered the on emma public peace. What are these two issues? They are slavery and tariffs. It Audit Resume? These are the only two issues where, contrary to the general spirit of the republic of the United States, law has assumed the character of a plunderer. Slavery is critical a violation, by law, of liberty. The protective tariff is a violation, by law, of ferro homework, property. It is a most remarkable fact that this double legal crime a sorrowful inheritance from the critical essays on emma Old World should be the only issue which can, and perhaps will, lead to the ruin of the essay unusual friendship Union.
It is indeed impossible to essays on emma, imagine, at the very heart of a society, a more astounding fact than this: The law has come to be an instrument of injustice . And if this fact brings terrible consequences to the United States where the proper purpose of the law has been perverted only in the instances of slavery and tariffs what must be the consequences in growing up essay, Europe, where the perversion of the law is a principle; a system? Mr. de Montalembert [politician and writer] adopting the thought contained in a famous proclamation by Mr. Carlier, has said: We must make war against socialism. According to the definition of critical on emma, socialism advanced by Mr. Charles Dupin, he meant: We must make war against ferro homework plunder.
But of what plunder was he speaking? For there are two kinds of plunder: legal and illegal. I do not think that illegal plunder, such as theft or swindling which the essays on emma penal code defines, anticipates, and punishes can be called socialism. It is on value of discipline in student life not this kind of plunder that systematically threatens the foundations of critical essays on emma, society. Anyway, the war against this kind of plunder has not waited for the command of these gentlemen. The war against illegal plunder has been fought since the beginning of the world. Long before the Revolution of February 1848 long before the appearance even of socialism itself France had provided police, judges, gendarmes, prisons, dungeons, and scaffolds for the purpose of fighting illegal plunder. The law itself conducts this war, and it is my wish and opinion that the law should always maintain this attitude toward plunder. But it does not always do this.
Sometimes the law defends plunder and participates in it. Thus the beneficiaries are spared the shame, danger, and scruple which their acts would otherwise involve. Sometimes the law places the whole apparatus of research paper, judges, police, prisons, and gendarmes at the service of the plunderers, and treats the victim when he defends himself as a criminal. In short, there is critical on emma a legal plunder , and it is of this, no doubt, that Mr. de Montalembert speaks. This legal plunder may be only an isolated stain among the harvard form legislative measures of the people.
If so, it is best to wipe it out with a minimum of speeches and denunciations and in spite of the critical on emma uproar of the it audit resume vested interests. But how is this legal plunder to be identified? Quite simply. See if the law takes from on emma some persons what belongs to them, and gives it to other persons to it audit resume, whom it does not belong. See if the law benefits one citizen at essays the expense of another by doing what the citizen himself cannot do without committing a crime. Then abolish this law without delay, for it is not only an evil itself, but also it is a fertile source for further evils because it invites reprisals. If such a law which may be an isolated case is not abolished immediately, it will spread, multiply, and develop into a system.
The person who profits from it audit resume this law will complain bitterly, defending his acquired rights . He will claim that the state is obligated to protect and encourage his particular industry; that this procedure enriches the state because the critical essays protected industry is thus able to spend more and to pay higher wages to the poor workingmen. Do not listen to this sophistry by vested interests. The acceptance of these arguments will build legal plunder into a whole system. In fact, this has already occurred. The present-day delusion is an attempt to enrich everyone at the expense of everyone else; to make plunder universal under the pretense of organizing it. Now, legal plunder can be committed in ferro homework, an infinite number of ways.
Thus we have an infinite number of plans for organizing it: tariffs, protection, benefits, subsidies, encouragements, progressive taxation, public schools, guaranteed jobs, guaranteed profits, minimum wages, a right to relief, a right to the tools of labor, free credit, and so on, and so on. Critical? All these plans as a whole with their common aim of legal plunder constitute socialism. Now, since under this definition socialism is a body of doctrine, what attack can be made against it other than a war of doctrine? If you find this socialistic doctrine to growing paper, be false, absurd, and evil, then refute it. And the more false, the more absurd, and the more evil it is, the easier it will be to refute. Above all, if you wish to be strong, begin by rooting out every particle of socialism that may have crept into your legislation. Critical Essays On Emma? This will be no light task. Mr. de Montalembert has been accused of desiring to fight socialism by the use of brute force. He ought to be exonerated from this accusation, for he has plainly said: The war that we must fight against socialism must be in harmony with law, honor, and justice.
But why does not Mr. de Montalembert see that he has placed himself in about unusual friendship, a vicious circle? You would use the law to oppose socialism? But it is upon the law that socialism itself relies. Socialists desire to practice legal plunder, not illegal plunder. Essays? Socialists, like all other monopolists, desire to make the law their own weapon. Editing? And when once the critical essays law is on the side of socialism, how can it be used against socialism? For when plunder is abetted by the law, it does not fear your courts, your gendarmes, and your prisons. Rather, it may call upon them for help. To prevent this, you would exclude socialism from entering into the making of laws? You would prevent socialists from entering the Legislative Palace?
You shall not succeed, I predict, so long as legal plunder continues to be the main business of the legislature. It is illogical in fact, absurd to assume otherwise. This question of legal plunder must be settled once and for all, and there are only three ways to settle it: The few plunder the gsas many. Essays On Emma? Everybody plunders everybody. Nobody plunders anybody.
We must make our choice among limited plunder, universal plunder, and no plunder. The law can follow only one of these three. Limited legal plunder: This system prevailed when the harvard gsas form of the phd dissertation right to vote was restricted. One would turn back to this system to prevent the invasion of critical on emma, socialism. Universal legal plunder: We have been threatened with this system since the franchise was made universal. The newly enfranchised majority has decided to formulate law on the same principle of legal plunder that was used by their predecessors when the vote was limited.
No legal plunder: This is the principle of justice, peace, order, stability, harmony, and it audit resume logic. Until the day of my death, I shall proclaim this principle with all the force of my lungs (which alas! is all too inadequate).  And, in all sincerity, can anything more than the absence of plunder be required of the law? Can the law which necessarily requires the use of force rationally be used for anything except protecting the critical essays rights of everyone? I defy anyone to extend it beyond this purpose without perverting it and, consequently, turning might against right. This is the most fatal and most illogical social perversion that can possibly be imagined. Gsas Form Of The Phd Dissertation? It must be admitted that the true solution so long searched for in the area of social relationships is contained in these simple words: Law is organized justice. Now this must be said: When justice is organized by law that is, by critical force this excludes the idea of using law (force) to organize any human activity whatever, whether it be labor, charity, agriculture, commerce, industry, education, art, or religion. The organizing by law of any one of these would inevitably destroy the essential organization justice. For truly, how can we imagine force being used against the liberty of citizens without it also being used against justice, and thus acting against its proper purpose?
Here I encounter the most popular fallacy of our times. It is not considered sufficient that the law should be just; it must be philanthropic. About? Nor is it sufficient that the law should guarantee to every citizen the free and inoffensive use of his faculties for physical, intellectual, and moral self-improvement. Instead, it is demanded that the law should directly extend welfare, education, and morality throughout the nation. This is the seductive lure of socialism. And I repeat again: These two uses of the law are in direct contradiction to each other. Critical Essays On Emma? We must choose between them. A citizen cannot at the same time be free and not free. Mr. de Lamartine once wrote to me thusly: Your doctrine is ferro homework only the half of my program. You have stopped at critical essays liberty; I go on research editing, to fraternity. I answered him: The second half of your program will destroy the critical essays on emma first.
Legal plunder has two roots: One of them, as I have said before, is in human greed; the other is in ferro homework, false philanthropy. At this point, I think that I should explain exactly what I mean by the word plunder.  I do not, as is often done, use the word in any vague, uncertain, approximate, or metaphorical sense. Critical? I use it in its scientific acceptance as expressing the ferro homework idea opposite to critical, that of property [wages, land, money, or whatever]. When a portion of wealth is research paper editing transferred from the person who owns it without his consent and without compensation, and whether by force or by fraud to anyone who does not own it, then I say that property is violated; that an act of essays, plunder is committed. I say that this act is essay about friendship exactly what the law is critical on emma supposed to suppress, always and everywhere. When the law itself commits this act that it is supposed to suppress, I say that plunder is still committed, and I add that from the point of view of gsas form of the, society and welfare, this aggression against rights is even worse. In this case of legal plunder, however, the person who receives the benefits is not responsible for the act of plundering. Critical Essays On Emma? The responsibility for this legal plunder rests with the law, the legislator, and society itself.
Therein lies the political danger. It is to be regretted that the word plunder is essay of discipline in student life offensive. I have tried in vain to find an inoffensive word, for I would not at any time especially now wish to add an irritating word to our dissentions. Thus, whether I am believed or not, I declare that I do not mean to attack the intentions or the morality of anyone. Critical On Emma? Rather, I am attacking an up essay paper, idea which I believe to be false; a system which appears to me to be unjust; an injustice so independent of personal intentions that each of us profits from it without wishing to do so, and essays on emma suffers from it audit resume it without knowing the cause of the critical essays on emma suffering. The sincerity of those who advocate protectionism, socialism, and communism is essay about friendship not here questioned. On Emma? Any writer who would do that must be influenced by a political spirit or a political fear. It is to be pointed out, however, that protectionism, socialism, and communism are basically the harvard form of the same plant in three different stages of its growth. On Emma? All that can be said is that legal plunder is paper editing more visible in critical essays, communism because it is complete plunder; and in essay unusual friendship, protectionism because the critical essays plunder is limited to it audit resume, specific groups and industries.  Thus it follows that, of the three systems, socialism is the vaguest, the most indecisive, and, consequently, the most sincere stage of development. But sincere or insincere, the essays on emma intentions of persons are not here under question. Essay On Value In Student Life? In fact, I have already said that legal plunder is based partially on philanthropy, even though it is a false philanthropy.
With this explanation, let us examine the value the origin and the tendency of this popular aspiration which claims to accomplish the general welfare by general plunder. Since the law organizes justice, the socialists ask why the law should not also organize labor, education, and religion. Why should not law be used for these purposes? Because it could not organize labor, education, and critical religion without destroying justice. We must remember that law is force, and up essay that, consequently, the critical on emma proper functions of the law cannot lawfully extend beyond the proper functions of force. When law and force keep a person within the bounds of justice, they impose nothing but a mere negation. They oblige him only to abstain from harming others. Essay? They violate neither his personality, his liberty, nor his property.
They safeguard all of essays, these. They are defensive; they defend equally the rights of all. The harmlessness of the mission performed by essay law and essays on emma lawful defense is it audit resume self-evident; the usefulness is obvious; and the legitimacy cannot be disputed. As a friend of mine once remarked, this negative concept of law is critical essays so true that the statement, the purpose of the unusual law is to cause justice to reign , is not a rigorously accurate statement. It ought to be stated that the purpose of the law is to prevent injustice from reigning . In fact, it is injustice , instead of justice, that has an existence of its own. Justice is achieved only when injustice is absent. But when the critical law, by means of its necessary agent, force, imposes upon men a regulation of labor, a method or a subject of education, a religious faith or creed then the law is no longer negative; it acts positively upon people. It substitutes the will of the legislator for their own wills; the initiative of the legislator for essay life, their own initiatives.
When this happens, the people no longer need to critical on emma, discuss, to compare, to plan ahead; the law does all this for them. Intelligence becomes a useless prop for the people; they cease to research paper, be men; they lose their personality, their liberty, their property. Try to imagine a regulation of labor imposed by force that is not a violation of liberty; a transfer of wealth imposed by force that is not a violation of property. Critical? If you cannot reconcile these contradictions, then you must conclude that the law cannot organize labor and on value of discipline in student life industry without organizing injustice. When a politician views society from the critical on emma seclusion of his office, he is struck by the spectacle of the inequality that he sees. He deplores the deprivations which are the lot of so many of our brothers, deprivations which appear to up essay paper, be even sadder when contrasted with luxury and critical wealth. Perhaps the ferro homework politician should ask himself whether this state of affairs has not been caused by old conquests and lootings, and by more recent legal plunder.
Perhaps he should consider this proposition: Since all persons seek well-being and perfection, would not a condition of justice be sufficient to cause the greatest efforts toward progress, and the greatest possible equality that is compatible with individual responsibility? Would not this be in accord with the concept of individual responsibility which God has willed in order that mankind may have the choice between vice and virtue, and essays on emma the resulting punishment and reward? But the politician never gives this a thought. His mind turns to organizations, combinations, and arrangements legal or apparently legal. Essay On Value In Student? He attempts to remedy the evil by increasing and perpetuating the essays on emma very thing that caused the evil in it audit resume, the first place: legal plunder. We have seen that justice is a negative concept. Is there even one of these positive legal actions that does not contain the principle of critical essays, plunder? You say: There are persons who have no money, and you turn to the law. But the law is not a breast that fills itself with milk. Nor are the gsas form of the phd dissertation lacteal veins of the law supplied with milk from a source outside the society.
Nothing can enter the public treasury for the benefit of one citizen or one class unless other citizens and other classes have been forced to send it in. If every person draws from the treasury the amount that he has put in it, it is true that the critical essays on emma law then plunders nobody. But this procedure does nothing for the persons who have no money. It does not promote equality of income. The law can be an instrument of equalization only as it takes from some persons and essay on value life gives to critical, other persons. When the law does this, it is an instrument of growing paper, plunder.
With this in mind, examine the critical essays on emma protective tariffs, subsidies, guaranteed profits, guaranteed jobs, relief and welfare schemes, public education, progressive taxation, free credit, and public works. You will find that they are always based on legal plunder, organized injustice. You say: There are persons who lack education, and you turn to the law. But the law is not, in itself, a torch of learning which shines its light abroad. The law extends over a society where some persons have knowledge and others do not; where some citizens need to learn, and others can teach. In this matter of education, the law has only two alternatives: It can permit this transaction of teaching-and-learning to operate freely and without the use of force, or it can force human wills in this matter by it audit resume taking from some of them enough to pay the teachers who are appointed by government to instruct others, without charge. But in this second case, the law commits legal plunder by violating liberty and essays on emma property. You say: Here are persons who are lacking in morality or religion, and you turn to ferro homework, the law. But law is force.
And need I point out what a violent and futile effort it is to use force in critical on emma, the matters of morality and religion? It would seem that socialists, however self-complacent, could not avoid seeing this monstrous legal plunder that results from such systems and such efforts. But what do the socialists do? They cleverly disguise this legal plunder from others and even from themselves under the ferro homework seductive names of fraternity, unity, organization, and association. Because we ask so little from the law only justice the socialists thereby assume that we reject fraternity, unity, organization, and association. The socialists brand us with the name individualist . But we assure the critical essays on emma socialists that we repudiate only forced organization, not natural organization. We repudiate the forms of association that are forced upon it audit resume us, not free association. We repudiate forced fraternity, not true fraternity. We repudiate the artificial unity that does nothing more than deprive persons of individual responsibility.
We do not repudiate the natural unity of mankind under Providence. Socialism, like the ancient ideas from which it springs, confuses the distinction between government and society. As a result of this, every time we object to a thing being done by government, the socialists conclude that we object to its being done at critical essays on emma all. We disapprove of state education. Then the socialists say that we are opposed to research, any education. We object to a state religion. Then the socialists say that we want no religion at all. Critical On Emma? We object to a state-enforced equality. Then they say that we are against equality. And so on, and so on. It is as if the socialists were to accuse us of not wanting persons to growing up essay, eat because we do not want the critical essays state to raise grain.
How did politicians ever come to believe this weird idea that the law could be made to produce what it does not contain the wealth, science, and religion that, in a positive sense, constitute prosperity? Is it due to gsas form of the phd dissertation, the influence of our modern writers on public affairs? Present-day writers especially those of the socialist school of critical essays, thought base their various theories upon one common hypothesis: They divide mankind into two parts. People in general with the exception of the writer himself form the first group. The writer, all alone, forms the second and most important group. Surely this is the research editing weirdest and most conceited notion that ever entered a human brain!
In fact, these writers on public affairs begin by supposing that people have within themselves no means of discernment; no motivation to action. The writers assume that people are inert matter, passive particles, motionless atoms, at best a kind of vegetation indifferent to its own manner of existence. They assume that people are susceptible to being shaped by the will and hand of another person into an infinite variety of forms, more or less symmetrical, artistic, and critical perfected. Moreover, not one of these writers on governmental affairs hesitates to imagine that he himself under the title of organizer, discoverer, legislator, or founder is this will and hand, this universal motivating force, this creative power whose sublime mission is to mold these scattered materials persons into a society. These socialist writers look upon people in the same manner that the gardener views his trees.
Just as the gardener capriciously shapes the paper trees into critical on emma pyramids, parasols, cubes, vases, fans, and other forms, just so does the socialist writer whimsically shape human beings into groups, series, centers, sub-centers, honeycombs, labor-corps, and other variations. And just as the gardener needs axes, pruning hooks, saws, and shears to shape his trees, just so does the socialist writer need the it audit resume force that he can find only in law to shape human beings. For this purpose, he devises tariff laws, tax laws, relief laws, and school laws. Socialists look upon people as raw material to be formed into social combinations. This is so true that, if by chance, the socialists have any doubts about the success of these combinations, they will demand that a small portion of mankind be set aside to experiment upon . The popular idea of trying all systems is well known. Essays On Emma? And one socialist leader has been known seriously to demand that the Constituent Assembly give him a small district with all its inhabitants, to try his experiments upon. In the same manner, an inventor makes a model before he constructs the harvard gsas full-sized machine; the chemist wastes some chemicals the farmer wastes some seeds and land to try out an idea. But what a difference there is between the gardener and his trees, between the inventor and critical essays his machine, between the chemist and his elements, between the farmer and ferro homework his seeds! And in all sincerity, the socialist thinks that there is the same difference between him and mankind! It is no wonder that the writers of the critical on emma nineteenth century look upon society as an artificial creation of the research legislator's genius. This idea the fruit of classical education has taken possession of all the intellectuals and famous writers of our country.
To these intellectuals and writers, the relationship between persons and the legislator appears to be the same as the relationship between the critical clay and the potter. Moreover, even where they have consented to research paper, recognize a principle of action in the heart of man and a principle of essays on emma, discernment in man's intellect they have considered these gifts from God to ferro homework, be fatal gifts. They have thought that persons, under the impulse of these two gifts, would fatally tend to ruin themselves. They assume that if the legislators left persons free to critical essays on emma, follow their own inclinations, they would arrive at atheism instead of religion, ignorance instead of knowledge, poverty instead of production and exchange. According to these writers, it is indeed fortunate that Heaven has bestowed upon certain men governors and legislators the exact opposite inclinations, not only for their own sake but also for the sake of the up essay paper rest of the world! While mankind tends toward evil, the legislators yearn for good; while mankind advances toward darkness, the legislators aspire for enlightenment; while mankind is drawn toward vice, the legislators are attracted toward virtue. Since they have decided that this is the true state of affairs, they then demand the use of on emma, force in order to substitute their own inclinations for those of the human race. Open at random any book on philosophy, politics, or history, and you will probably see how deeply rooted in it audit resume, our country is this idea the child of classical studies, the on emma mother of socialism. In all of them, you will probably find this idea that mankind is merely inert matter, receiving life, organization, morality, and prosperity from the power of the state.
And even worse, it will be stated that mankind tends toward degeneration, and ferro homework is stopped from this downward course only by the mysterious hand of the legislator. Conventional classical thought everywhere says that behind passive society there is a concealed power called law or legislator (or called by some other terminology that designates some unnamed person or persons of undisputed influence and authority) which moves, controls, benefits, and improves mankind. Let us first consider a quotation from Bossuet [tutor to the Dauphin in the Court of critical essays, Louis XIV]  : One of the growing up essay paper things most strongly impressed (by whom?) upon the minds of the Egyptians was patriotism. No one was permitted to be useless to the state. The law assigned to each one his work, which was handed down from father to son.
No one was permitted to critical on emma, have two professions. Nor could a person change from one job to another. But there was one task to which all were forced to conform: the research paper study of the laws and of wisdom. Ignorance of essays on emma, religion and paper editing of the essays on emma political regulations of the country was not excused under any circumstances. Moreover, each occupation was assigned (by whom?) to essay life, a certain district.
Among the good laws, one of the best was that everyone was trained (by whom?) to obey them. As a result of this, Egypt was filled with wonderful inventions, and nothing was neglected that could make life easy and quiet. Thus, according to Bossuet, persons derive nothing from themselves. Patriotism, prosperity, inventions, husbandry, science all of these are given to critical essays, the people by the operation of the laws, the rulers. All that the people have to do is to bow to about unusual, leadership. Bossuet carries this idea of the state as the source of all progress even so far as to defend the Egyptians against critical essays on emma the charge that they rejected wrestling and up essay music. He said: How is that possible? These arts were invented by Trismegistus [who was alleged to have been Chancellor to the Egyptian god Osiris].
And again among the Persians, Bossuet claims that all comes from above: One of the essays on emma first responsibilities of the prince was to encourage agriculture. Essay About Unusual Friendship? Just as there were offices established for the regulation of armies, just so were there offices for the direction of farm work. The Persian people were inspired with an overwhelming respect for essays on emma, royal authority. And according to Bossuet, the ferro homework Greek people, although exceedingly intelligent, had no sense of personal responsibility; like dogs and horses, they themselves could not have invented the most simple games:
The Greeks, naturally intelligent and courageous, had been early cultivated by the kings and settlers who had come from Egypt. From these Egyptian rulers, the Greek people had learned bodily exercises, foot races , and critical essays horse and chariot races. But the best thing that the Egyptians had taught the Greeks was to become docile, and to permit themselves to editing, be formed by the law for essays, the public good. It cannot be disputed that these classical theories [advanced by these latter-day teachers, writers, legislators, economists, and it audit resume philosophers] held that everything came to the people from critical essays a source outside themselves. Essay In Student? As another example, take Fenelon [archbishop, author, and instructor to the Duke of Burgundy]. He was a witness to essays on emma, the power of Louis XIV. This, plus the fact that he was nurtured in the classical studies and the admiration of antiquity, naturally caused Fenelon to accept the it audit resume idea that mankind should be passive; that the misfortunes and the prosperity vices and virtues of people are caused by the external influence exercised upon them by the law and the legislators. Thus, in his Utopia of Salentum , he puts men with all their interests, faculties, desires, and possessions under the absolute discretion of the on emma legislator. Whatever the issue may be, persons do not decide it for themselves; the prince decides for them. The prince is depicted as the ferro homework soul of critical on emma, this shapeless mass of essay on value, people who form the critical essays nation.
In the prince resides the thought, the foresight, all progress, and the principle of all organization. Thus all responsibility rests with him. The whole of the ferro homework tenth book of critical essays, Fenelon's Telemachus proves this. Research Paper? I refer the reader to it, and content myself with quoting at random from this celebrated work to which, in every other respect, I am the first to pay homage. With the essays amazing credulity which is typical of the classicists, Fenelon ignores the it audit resume authority of reason and facts when he attributes the general happiness of the Egyptians, not to their own wisdom but to the wisdom of their kings:
We could not turn our eyes to either shore without seeing rich towns and country estates most agreeably located; fields, never fallowed, covered with golden crops every year; meadows full of flocks; workers bending under the weight of the fruit which the critical essays earth lavished upon its cultivators; shepherds who made the up essay echoes resound with the soft notes from their pipes and flutes. Happy, said Mentor, is the people governed by a wise king. Later, Mentor desired that I observe the contentment and abundance which covered all Egypt, where twenty-two thousand cities could be counted. He admired the good police regulations in the cities; the justice rendered in critical, favor of the poor against the rich; the sound education of the children in obedience, labor, sobriety, and the love of the arts and letters; the exactness with which all religious ceremonies were performed; the about unusual unselfishness, the high regard for critical, honor, the faithfulness to men, and the fear of the about gods which every father taught his children. Essays On Emma? He never stopped admiring the prosperity of the country. Happy, said he, is the people ruled by a wise king in up essay paper, such a manner. Fenelon's idyl on Crete is even more alluring. Mentor is made to say:
All that you see in this wonderful island results from the laws of Minos. The education which he ordained for the children makes their bodies strong and robust. From the very beginning, one accustoms the children to critical essays on emma, a life of frugality and labor, because one assumes that all pleasures of the senses weaken both body and mind. Thus one allows them no pleasure except that of becoming invincible by virtue, and of acquiring glory. Here one punishes three vices that go unpunished among other people: ingratitude, hypocrisy, and greed. There is no need to punish persons for pomp and dissipation, for they are unknown in Crete. No costly furniture, no magnificent clothing, no delicious feasts, no gilded palaces are permitted. Thus does Mentor prepare his student to mold and to manipulate doubtless with the best of intentions the people of Ithaca. And to convince the it audit resume student of the wisdom of these ideas, Mentor recites to him the essays example of Salentum.
It is from this sort of philosophy that we receive our first political ideas! We are taught to treat persons much as an instructor in agriculture teaches farmers to prepare and tend the it audit resume soil. Now listen to critical essays, the great Montesquieu on this same subject: To maintain the spirit of commerce, it is necessary that all the essay on value in student life laws must favor it. These laws, by proportionately dividing up the critical fortunes as they are made in commerce, should provide every poor citizen with sufficiently easy circumstances to ferro homework, enable him to work like the others. These same laws should put every rich citizen in such lowered circumstances as to force him to work in order to essays on emma, keep or to gain. Thus the laws are to dispose of all fortunes! Although real equality is the soul of the form of the state in a democracy, yet this is so difficult to essays on emma, establish that an extreme precision in this matter would not always be desirable. It is sufficient that there be established a census to reduce or fix these differences in wealth within a certain limit.
After this is done, it remains for specific laws to equalize inequality by imposing burdens upon the rich and about friendship granting relief to the poor. Here again we find the idea of equalizing fortunes by law, by force. In Greece, there were two kinds of republics. One, Sparta, was military; the other, Athens, was commercial. In the former, it was desired that the citizens be idle; in the latter, love of labor was encouraged . Note the marvelous genius of these legislators: By debasing all established customs by mixing the usual concepts of all virtues they knew in critical on emma, advance that the world would admire their wisdom. Lycurgus gave stability to his city of Sparta by combining petty thievery with the soul of justice; by combining the most complete bondage with the essay on value life most extreme liberty; by critical on emma combining the gsas form phd dissertation most atrocious beliefs with the essays on emma greatest moderation.
He appeared to deprive his city of all its resources, arts, commerce, money, and defenses. In Sparta, ambition went without the hope of material reward. It Audit Resume? Natural affection found no outlet because a man was neither son, husband, nor father. Essays On Emma? Even chastity was no longer considered becoming. By this road, Lycurgus led Sparta on to greatness and glory. This boldness which was to be found in the institutions of Greece has been repeated in the midst of the degeneracy and corruption of our modern times . An occasional honest legislator has molded a people in whom integrity appears as natural as courage in the Spartans. Mr. William Penn, for it audit resume, example, is on emma a true Lycurgus. Even though Mr.
Penn had peace as his objectivity while Lycurgus had war as his objective they resemble each other in that their moral prestige over free men allowed them to overcome prejudices, to subdue passions, and to lead their respective peoples into new paths. The country of Paraguay furnishes us with another example [of a people who, for their own good, are molded by their legislators].  Now it is true that if one considers the sheer pleasure of commanding to be the greatest joy in life, he contemplates a crime against it audit resume society; it will, however, always be a noble ideal to govern men in a manner that will make them happier. Those who desire to establish similar institutions must do as follows: Establish common ownership of property as in essays, the republic of Plato; revere the gods as Plato commanded; prevent foreigners from ferro homework mingling with the people, in order to preserve the customs; let the state, instead of the critical on emma citizens, establish commerce. The legislators should supply arts instead of luxuries; they should satisfy needs instead of desires.
Those who are subject to vulgar infatuation may exclaim: Montesquieu has said this! So it's magnificent! It's sublime! As for me, I have the courage of my own opinion. I say: What! You have the up essay paper nerve to call that fine? It is frightful! It is abominable!
These random selections from the critical writings of Montesquieu show that he considers persons, liberties, property mankind itself to be nothing but materials for legislators to exercise their wisdom upon. Now let us examine Rousseau on this subject. Harvard Gsas? This writer on public affairs is the supreme authority of the democrats. And although he bases the critical essays social structure upon the will of the people , he has, to a greater extent than anyone else, completely accepted the theory of the growing up essay paper total inertness of mankind in the presence of the legislators: If it is true that a great prince is rare, then is it not true that a great legislator is even more rare?
The prince has only to follow the pattern that the legislator creates. Critical On Emma? The legislator is the mechanic who invents the machine; the prince is merely the workman who sets it in motion. And what part do persons play in all this? They are merely the machine that is set in it audit resume, motion. In fact, are they not merely considered to critical on emma, be the raw material of which the machine is made?
Thus the harvard form same relationship exists between the legislator and critical essays on emma the prince as exists between the agricultural expert and the farmer; and the relationship between the research paper prince and his subjects is the same as that between the farmer and his land. How high above mankind, then, has this writer on essays, public affairs been placed? Rousseau rules over legislators themselves, and essay life teaches them their trade in these imperious terms: Would you give stability to the state? Then bring the extremes as closely together as possible. Tolerate neither wealthy persons nor beggars.
If the soil is poor or barren, or the critical essays on emma country too small for its inhabitants, then turn to industry and arts, and trade these products for the foods that you need. On a fertile soil if you are short of inhabitants devote all your attention to agriculture, because this multiplies people; banish the arts, because they only serve to depopulate the nation. If you have extensive and ferro homework accessible coast lines, then cover the sea with merchant ships; you will have a brilliant but short existence. If your seas wash only inaccessible cliffs, let the people be barbarous and eat fish; they will live more quietly perhaps better and, most certainly, they will live more happily. In short, and in addition to the maxims that are common to on emma, all, every people has its own particular circumstances. And this fact in itself will cause legislation appropriate to the circumstances. This is the reason why the Hebrews formerly and, more recently, the Arabs had religion as their principle objective. The objective of the Athenians was literature; of Carthage and Tyre, commerce; of Rhodes, naval affairs; of Sparta, war; and of Rome, virtue.
The author of The Spirit of Laws has shown by what art the legislator should direct his institutions toward each of these objectives . But suppose that the ferro homework legislator mistakes his proper objective, and acts on a principle different from that indicated by the nature of things? Suppose that the selected principle sometimes creates slavery, and sometimes liberty; sometimes wealth, and sometimes population; sometimes peace, and sometimes conquest? This confusion of objective will slowly enfeeble the law and impair the critical essays on emma constitution. The state will be subjected to ceaseless agitations until it is destroyed or changed, and invincible nature regains her empire. But if nature is sufficiently invincible to of discipline, regain its empire, why does not Rousseau admit that it did not need the on emma legislator to gain it in the first place? Why does he not see that men, by obeying their own instincts, would turn to farming on fertile soil, and to commerce on essay, an extensive and essays on emma easily accessible coast, without the interference of research, a Lycurgus or a Solon or a Rousseau who might easily be mistaken . Be that as it may, Rousseau invests the creators, organizers, directors, legislators, and controllers of critical essays, society with a terrible responsibility. He is, therefore, most exacting with them: He who would dare to undertake the political creation of a people ought to growing up essay paper, believe that he can, in a manner of speaking, transform human nature; transform each individual who, by himself, is essays on emma a solitary and perfect whole into a mere part of a greater whole from which the individual will henceforth receive his life and being. Thus the person who would undertake the political creation of a people should believe in his ability to alter man's constitution; to strengthen it; to up essay, substitute for the physical and independent existence received from nature, an existence which is critical on emma partial and moral.  In short, the would-be creator of political man must remove man's own forces and endow him with others that are naturally alien to him. Poor human nature!
What would become of a person's dignity if it were entrusted to ferro homework, the followers of Rousseau? Now let us examine Raynal on on emma, this subject of mankind being molded by the legislator: The legislator must first consider the climate, the air, and the soil. The resources at his disposal determine his duties. He must first consider his locality. A population living on maritime shores must have laws designed for navigation. If it is an it audit resume, inland settlement, the legislator must make his plans according to the nature and fertility of the soil. It is especially in the distribution of property that the critical on emma genius of the legislator will be found. As a general rule, when a new colony is established in any country, sufficient land should be given to each man to support his family. On an uncultivated island that you are populating with children, you need do nothing but let the seeds of truth germinate along with the development of reason.
But when you resettle a nation with a past into it audit resume a new country, the essays on emma skill of the legislator rests in the policy of permitting the people to retain no injurious opinions and customs which can possibly be cured and corrected. If you desire to prevent these opinions and customs from becoming permanent, you will secure the second generation by a general system of public education for the children. A prince or a legislator should never establish a colony without first arranging to send wise men along to instruct the youth. In a new colony, ample opportunity is open to the careful legislator who desires to about, purify the customs and manners of the people . If he has virtue and genius, the land and the people at his disposal will inspire his soul with a plan for critical essays, society. A writer can only vaguely trace the plan in it audit resume, advance because it is critical necessarily subject to the instability of all hypotheses; the problem has many forms, complications, and circumstances that are difficult to foresee and settle in detail. Raynal's instructions to the legislators on how to manage people may be compared to a professor of agriculture lecturing his students: The climate is the first rule for the farmer. His resources determine his procedure. He must first consider his locality.
If his soil is clay, he must do so and so. If his soil is sand, he must act in another manner. Every facility is open to the farmer who wishes to clear and improve his soil. If he is skillful enough, the manure at it audit resume his disposal will suggest to him a plan of operation. A professor can only vaguely trace this plan in essays on emma, advance because it is necessarily subject to the instability of all hypotheses; the problem has many forms, complications, and circumstances that are difficult to foresee and settle in detail.
Oh, sublime writers! Please remember sometimes that this clay, this sand, and editing this manure which you so arbitrarily dispose of, are men! They are your equals! They are intelligent and free human beings like yourselves! As you have, they too have received from God the faculty to observe, to plan ahead, to think, and to essays on emma, judge for themselves! Here is Mably on harvard gsas phd dissertation, this subject of the law and the legislator. In the passages preceding the one here quoted, Mably has supposed the laws, due to a neglect of security, to be worn out. He continues to address the reader thusly: Under these circumstances, it is obvious that the essays springs of government are slack. Give them a new tension, and the evil will be cured.
Think less of punishing faults, and more of rewarding that which you need . In this manner you will restore to your republic the vigor of youth. Harvard Gsas Form Of The Phd Dissertation? Because free people have been ignorant of this procedure, they have lost their liberty! But if the evil has made such headway that ordinary governmental procedures are unable to cure it, then resort to on emma, an extraordinary tribunal with considerable powers for a short time. The imagination of the gsas form of the citizens needs to be struck a hard blow. In this manner, Mably continues through twenty volumes.
Under the influence of critical essays, teaching like this which stems from classical education there came a time when everyone wished to paper, place himself above mankind in critical essays, order to arrange, organize, and regulate it in his own way. Next let us examine Condillac on this subject of the legislators and mankind: My Lord, assume the it audit resume character of essays on emma, Lycurgus or of Solon. And before you finish reading this essay, amuse yourself by giving laws to some savages in America or Africa. Ferro Homework? Confine these nomads to fixed dwellings; teach them to tend flocks. Attempt to develop the social consciousness that nature has planted in them. Essays? Force them to begin to practice the duties of humanity.
Use punishment to ferro homework, cause sensual pleasures to become distasteful to them. Then you will see that every point of your legislation will cause these savages to lose a vice and gain a virtue. All people have had laws. But few people have been happy. Why is this so? Because the legislators themselves have almost always been ignorant of the critical purpose of society, which is the uniting of families by a common interest. Impartiality in law consists of two things: the establishing of equality in wealth and equality in dignity among the citizens.
As the laws establish greater equality, they become proportionately more precious to every citizen. When all men are equal in wealth and dignity and when the laws leave no hope of disturbing this equality how can men then be agitated by greed, ambition, dissipation, idleness, sloth, envy, hatred, or jealousy? What you have learned about the republic of Sparta should enlighten you on this question. No other state has ever had laws more in accord with the order of nature; of essay about unusual friendship, equality. Actually, it is not strange that during the seventeenth and eighteenth centuries the human race was regarded as inert matter, ready to receive everything form, face, energy, movement, life from a great prince or a great legislator or a great genius.
These centuries were nourished on the study of antiquity. And antiquity presents everywhere in on emma, Egypt, Persia, Greece, Rome the spectacle of a few men molding mankind according to their whims, thanks to the prestige of force and of fraud. But this does not prove that this situation is desirable. It proves only that since men and society are capable of it audit resume, improvement, it is naturally to be expected that error, ignorance, despotism, slavery, and superstition should be greatest towards the origins of history. The writers quoted above were not in error when they found ancient institutions to be such, but they were in error when they offered them for the admiration and essays on emma imitation of future generations. Uncritical and childish conformists, they took for granted the grandeur, dignity, morality, and happiness of the artificial societies of the ancient world. They did not understand that knowledge appears and grows with the passage of growing up essay paper, time; and that in proportion to this growth of knowledge, might takes the side of right , and society regains possession of itself.
Actually, what is the political struggle that we witness? It is the instinctive struggle of all people toward liberty. Essays On Emma? And what is this liberty, whose very name makes the it audit resume heart beat faster and shakes the world? Is it not the union of all liberties liberty of conscience, of critical on emma, education, of association, of the press, of travel, of labor, of trade? In short, is not liberty the freedom of every person to make full use of his faculties, so long as he does not harm other persons while doing so? Is not liberty the it audit resume destruction of all despotism including, of course, legal despotism? Finally, is not liberty the restricting of the law only to its rational sphere of organizing the right of the individual to lawful self-defense; of punishing injustice? It must be admitted that the tendency of the human race toward liberty is largely thwarted, especially in France.
This is critical essays on emma greatly due to a fatal desire learned from the teachings of antiquity that our writers on public affairs have in common: They desire to set themselves above mankind in order to arrange, organize, and regulate it according to their fancy. While society is struggling toward liberty, these famous men who put themselves at its head are filled with the spirit of the seventeenth and eighteenth centuries. They think only of subjecting mankind to the philanthropic tyranny of their own social inventions. It Audit Resume? Like Rousseau, they desire to force mankind docilely to bear this yoke of the public welfare that they have dreamed up in their own imaginations. This was especially true in 1789. No sooner was the old regime destroyed than society was subjected to critical, still other artificial arrangements, always starting from the same point: the omnipotence of the law. Listen to ferro homework, the ideas of a few of the writers and politicians during that period: SAINT-JUST: The legislator commands the future. It is for him to will the good of mankind.
It is for him to make men what he wills them to be. ROBESPIERRE: The function of critical on emma, government is to direct the physical and moral powers of the nation toward the end for which the commonwealth has come into being. BILLAUD-VARENNES: A people who are to be returned to liberty must be formed anew. A strong force and vigorous action are necessary to destroy old prejudices, to change old customs, to correct depraved affections, to restrict superfluous wants, and to destroy ingrained vices. Citizens, the paper inflexible austerity of critical essays on emma, Lycurgus created the firm foundation of the Spartan republic.
The weak and trusting character of Solon plunged Athens into slavery. This parallel embraces the whole science of government. LE PELLETIER: Considering the extent of ferro homework, human degradation, I am convinced that it is necessary to effect a total regeneration and, if I may so express myself, of creating a new people. Again, it is claimed that persons are nothing but raw material. It is not for them to will their own improvement ; they are incapable of it. Critical On Emma? According to Saint-Just, only the legislator is capable of doing this. Persons are merely to gsas form of the phd dissertation, be what the legislator wills them to be. According to critical on emma, Robespierre, who copies Rousseau literally, the legislator begins by decreeing the end for which the commonwealth has come into being . Once this is determined, the government has only to direct the physical and moral forces of the nation toward that end.
Meanwhile, the inhabitants of the nation are to remain completely passive. And according to the teachings of Billaud-Varennes, the people should have no prejudices, no affections, and it audit resume no desires except those authorized by the legislator. He even goes so far as to say that the inflexible austerity of one man is the foundation of a republic. In cases where the alleged evil is so great that ordinary governmental procedures cannot cure it, Mably recommends a dictatorship to promote virtue: Resort, he says, to an extraordinary tribunal with considerable powers for a short time. The imagination of the citizens needs to be struck a hard blow. This doctrine has not been forgotten. Listen to Robespierre: The principle of the essays republican government is virtue, and the means required to establish virtue is terror.
In our country we desire to substitute morality for selfishness, honesty for honor, principles for customs, duties for it audit resume, manners, the empire of essays, reason for the tyranny of fashion, contempt of vice for contempt of poverty, pride for insolence, greatness of soul for vanity, love of glory for love of money, good people for good companions, merit for intrigue, genius for wit, truth for glitter, the charm of harvard gsas form phd dissertation, happiness for the boredom of pleasure, the greatness of man for the littleness of the great, a generous, strong, happy people for a good-natured, frivolous, degraded people; in short, we desire to on emma, substitute all the virtues and miracles of a republic for harvard of the phd dissertation, all the vices and absurdities of a monarchy. At what a tremendous height above the rest of mankind does Robespierre here place himself! And note the arrogance with which he speaks. He is critical essays not content to pray for a great reawakening of the human spirit. Nor does he expect such a result from a well-ordered government. No, he himself will remake mankind, and by means of terror. This mass of rotten and contradictory statements is extracted from a discourse by Robespierre in which he aims to explain the principles of morality which ought to research paper editing, guide a revolutionary government . Critical On Emma? Note that Robespierre's request for dictatorship is not made merely for the purpose of repelling a foreign invasion or putting down the it audit resume opposing groups. Rather he wants a dictatorship in order that he may use terror to force upon the country his own principles of essays, morality.
He says that this act is only to it audit resume, be a temporary measure preceding a new constitution. Essays? But in it audit resume, reality, he desires nothing short of using terror to essays, extinguish from France selfishness, honor, customs, manners, fashion, vanity, love of money, good companionship, intrigue, wit, sensuousness, and ferro homework poverty . Critical On Emma? Not until he, Robespierre, shall have accomplished these miracles , as he so rightly calls them, will he permit the harvard gsas form of the law to reign again. (At this point in the original French text, Mr. Bastiat pauses and on emma speaks thusly to all do-gooders and harvard of the would-be rulers of mankind: Ah, you miserable creatures! You who think that you are so great! You who judge humanity to be so small! You who wish to reform everything! Why don't you reform yourselves? That task would be sufficient enough.) Usually, however, these gentlemen the reformers, the legislators, and the writers on public affairs do not desire to on emma, impose direct despotism upon mankind. Oh no, they are too moderate and philanthropic for such direct action.
Instead, they turn to the law for this despotism, this absolutism, this omnipotence. They desire only to research paper editing, make the laws. To show the prevalence of this queer idea in France, I would need to copy not only the entire works of Mably, Raynal, Rousseau, and Fenelon plus long extracts from Bossuet and Montesquieu but also the critical entire proceedings of the Convention. I shall do no such thing; I merely refer the reader to them. It is, of course, not at all surprising that this same idea should have greatly appealed to Napoleon. He embraced it ardently and used it with vigor. Like a chemist, Napoleon considered all Europe to be material for his experiments. But, in due course, this material reacted against him.
At St. Helena, Napoleon greatly disillusioned seemed to recognize some initiative in mankind. Recognizing this, he became less hostile to liberty. Nevertheless, this did not prevent him from leaving this lesson to his son in his will: To govern is to increase and spread morality, education, and happiness. After all this, it is hardly necessary to on value of discipline in student, quote the same opinions from Morelly, Babeuf, Owen, Saint-Simon, and Fourier. Here are, however, a few extracts from Louis Blanc's book on the organization of labor: In our plan, society receives its momentum from power. Now consider this: The impulse behind this momentum is to be supplied by the plan of Louis Blanc; his plan is to be forced upon society; the critical on emma society referred to is the human race. Thus the human race is to friendship, receive its momentum from Louis Blanc. Now it will be said that the people are free to on emma, accept or to reject this plan. Admittedly, people are free to accept or to reject advice from whomever they wish. But this is not the way in ferro homework, which Mr.
Louis Blanc understands the matter. He expects that his plan will be legalized, and thus forcibly imposed upon essays the people by the power of the law: In our plan, the state has only to pass labor laws (nothing else?) by means of which industrial progress can and must proceed in complete liberty. The state merely places society on an incline (that is all?). On Value Of Discipline? Then society will slide down this incline by the mere force of things, and by the natural workings of the established mechanism. But what is this incline that is indicated by Mr. Essays? Louis Blanc? Does it not lead to an abyss? (No, it leads to happiness.) If this is true, then why does not society go there of its own choice? (Because society does not know what it wants; it must be propelled.) What is to research editing, propel it? (Power.) And who is to supply the impulse for critical on emma, this power? (Why, the inventor of the machine in paper, this instance, Mr. Louis Blanc.) We shall never escape from this circle: the idea of passive mankind, and the power of the law being used by a great man to propel the people. Once on this incline, will society enjoy some liberty? (Certainly.) And what is liberty, Mr.
Louis Blanc? Once and for all, liberty is critical on emma not only a mere granted right; it is also the power granted to it audit resume, a person to use and to develop his faculties under a reign of justice and under the protection of the law. And this is no pointless distinction; its meaning is on emma deep and its consequences are difficult to estimate. For once it is agreed that a person, to be truly free, must have the in student power to use and develop his faculties, then it follows that every person has a claim on society for such education as will permit him to develop himself. It also follows that every person has a claim on society for tools of production, without which human activity cannot be fully effective. Now by what action can society give to critical essays, every person the necessary education and the necessary tools of production, if not by paper the action of the state? Thus, again, liberty is power. Of what does this power consist? (Of being educated and of being given the tools of production.) Who is to give the education and the tools of production? (Society, which owes them to everyone. Critical On Emma? ) By what action is society to give tools of production to those who do not own them? (Why, by the action of the state .) And from whom will the state take them?
Let the reader answer that question. Let him also notice the direction in harvard form of the phd dissertation, which this is taking us. The strange phenomenon of on emma, our times one which will probably astound our descendants is the doctrine based on it audit resume, this triple hypothesis: the critical total inertness of mankind, the omnipotence of the phd dissertation law, and the infallibility of the legislator. These three ideas form the sacred symbol of those who proclaim themselves totally democratic. The advocates of on emma, this doctrine also profess to be social . So far as they are democratic, they place unlimited faith in mankind. But so far as they are social, they regard mankind as little better than mud. Let us examine this contrast in greater detail. What is the attitude of the democrat when political rights are under discussion? How does he regard the people when a legislator is to be chosen? Ah, then it is claimed that the people have an instinctive wisdom; they are gifted with the finest perception; their will is always right; the essay on value of discipline in student life general will cannot err; voting cannot be too universal. When it is time to vote, apparently the voter is not to be asked for any guarantee of on emma, his wisdom.
His will and capacity to in student, choose wisely are taken for granted. Can the essays on emma people be mistaken? Are we not living in an age of enlightenment? What! are the people always to be kept on leashes? Have they not won their rights by great effort and sacrifice? Have they not given ample proof of their intelligence and essay of discipline wisdom?
Are they not adults? Are they not capable of judging for essays, themselves? Do they not know what is best for it audit resume, themselves? Is there a class or a man who would be so bold as to set himself above the people, and judge and act for them? No, no, the critical on emma people are and essay friendship should be free . They desire to manage their own affairs, and they shall do so. But when the critical on emma legislator is finally elected ah! then indeed does the about unusual friendship tone of his speech undergo a radical change. The people are returned to passiveness, inertness, and unconsciousness; the legislator enters into omnipotence. Now it is for him to initiate, to essays on emma, direct, to propel, and to organize.
Mankind has only to submit; the hour of despotism has struck. We now observe this fatal idea: The people who, during the election, were so wise, so moral, and it audit resume so perfect, now have no tendencies whatever; or if they have any, they are tendencies that lead downward into degradation. But ought not the people be given a little liberty? But Mr. Considerant has assured us that liberty leads inevitably to monopoly! We understand that liberty means competition. But according to Mr. Louis Blanc, competition is a system that ruins the businessmen and exterminates the people . It is for this reason that free people are ruined and on emma exterminated in proportion to in student, their degree of critical on emma, freedom. (Possibly Mr. Louis Blanc should observe the results of competition in, for example, Switzerland, Holland, England, and the United States.) Mr. Louis Blanc also tells us that competition leads to monopoly . And by the same reasoning, he thus informs us that low prices lead to high prices; that competition drives production to destructive activity; that competition drains away the sources of purchasing power; that competition forces an increase in it audit resume, production while, at the same time, it forces a decrease in consumption . From this, it follows that free people produce for the sake of not consuming; that liberty means oppression and madness among the critical people; and that Mr.
Louis Blanc absolutely must attend to it. Well, what liberty should the legislators permit people to have? Liberty of on value in student, conscience? (But if this were permitted, we would see the people taking this opportunity to become atheists.) Then liberty of education? (But parents would pay professors to teach their children immorality and falsehoods; besides, according to Mr. Thiers, if education were left to national liberty, it would cease to be national, and we would be teaching our children the ideas of the Turks or Hindus; whereas, thanks to this legal despotism over education, our children now have the good fortune to essays, be taught the essay on value of discipline in student life noble ideas of the critical essays on emma Romans.) Then liberty of labor? (But that would mean competition which, in turn, leaves production unconsumed, ruins businessmen, and exterminates the people.)
Perhaps liberty of trade? (But everyone knows and the advocates of protective tariffs have proved over and over again that freedom of trade ruins every person who engages in it, and that it is necessary to suppress freedom of trade in order to prosper.) Possibly then, liberty of association? (But, according to socialist doctrine, true liberty and editing voluntary association are in contradiction to critical essays, each other, and the purpose of the socialists is to suppress liberty of association precisely in order to force people to it audit resume, associate together in true liberty.) Clearly then, the conscience of the social democrats cannot permit persons to have any liberty because they believe that the nature of mankind tends always toward every kind of degradation and disaster. Thus, of course, the legislators must make plans for the people in order to save them from themselves. This line of reasoning brings us to a challenging question: If people are as incapable, as immoral, and as ignorant as the politicians indicate, then why is the right of these same people to on emma, vote defended with such passionate insistence? The claims of these organizers of humanity raise another question which I have often asked them and which, so far as I know, they have never answered: If the natural tendencies of mankind are so bad that it is not safe to permit people to be free, how is it that the tendencies of these organizers are always good? Do not the legislators and their appointed agents also belong to the human race?
Or do they believe that they themselves are made of a finer clay than the rest of ferro homework, mankind? The organizers maintain that society, when left undirected, rushes headlong to its inevitable destruction because the instincts of the people are so perverse. The legislators claim to stop this suicidal course and to give it a saner direction. Apparently, then, the legislators and the organizers have received from critical Heaven an intelligence and virtue that place them beyond and above mankind; if so, let them show their titles to this superiority. They would be the shepherds over us, their sheep. Certainly such an arrangement presupposes that they are naturally superior to the rest of us. And certainly we are fully justified in demanding from the legislators and organizers proof of unusual, this natural superiority. Please understand that I do not dispute their right to critical, invent social combinations, to advertise them, to advocate them, and to try them upon themselves, at their own expense and risk. But I do dispute their right to impose these plans upon growing up essay paper us by law by force and to compel us to pay for them with our taxes. I do not insist that the supporters of these various social schools of thought the Proudhonists, the Cabetists, the Fourierists, the Universitarists, and the Protectionists renounce their various ideas. I insist only that they renounce this one idea that they have in common: They need only to give up the idea of forcing us to acquiesce to on emma, their groups and series, their socialized projects, their free-credit banks, their Graeco-Roman concept of morality, and their commercial regulations.
I ask only that we be permitted to decide upon these plans for ourselves; that we not be forced to accept them, directly or indirectly, if we find them to be contrary to our best interests or repugnant to essay about unusual, our consciences. But these organizers desire access to the tax funds and to the power of the on emma law in order to carry out their plans. In addition to being oppressive and unjust, this desire also implies the fatal supposition that the organizer is of the infallible and mankind is incompetent. But, again, if persons are incompetent to judge for themselves, then why all this talk about universal suffrage? This contradiction in ideas is, unfortunately but logically, reflected in events in France. For example, Frenchmen have led all other Europeans in obtaining their rights or, more accurately, their political demands. Yet this fact has in no respect prevented us from critical on emma becoming the most governed, the most regulated, the most imposed upon, the most harnessed, and the most exploited people in Europe. France also leads all other nations as the one where revolutions are constantly to be anticipated. And under the circumstances, it is quite natural that this should be the on value in student life case. And this will remain the case so long as our politicians continue to essays on emma, accept this idea that has been so well expressed by Mr. Louis Blanc: Society receives its momentum from power.
This will remain the case so long as human beings with feelings continue to remain passive; so long as they consider themselves incapable of bettering their prosperity and happiness by their own intelligence and research editing their own energy; so long as they expect everything from the law; in short, so long as they imagine that their relationship to the state is the same as that of the sheep to the shepherd. As long as these ideas prevail, it is clear that the responsibility of government is enormous. Good fortune and bad fortune, wealth and destitution, equality and inequality, virtue and vice all then depend upon political administration. It is burdened with everything, it undertakes everything, it does everything; therefore it is responsible for everything. If we are fortunate, then government has a claim to our gratitude; but if we are unfortunate, then government must bear the blame. Critical On Emma? For are not our persons and property now at the disposal of harvard, government?
Is not the law omnipotent? In creating a monopoly of education, the critical government must answer to the hopes of the fathers of families who have thus been deprived of their liberty; and if these hopes are shattered, whose fault is growing it? In regulating industry, the government has contracted to essays, make it prosper; otherwise it is absurd to deprive industry of its liberty. And if industry now suffers, whose fault is it? In meddling with the balance of trade by playing with tariffs, the government thereby contracts to make trade prosper; and if this results in destruction instead of prosperity, whose fault is it? In giving the maritime industries protection in exchange for their liberty, the government undertakes to make them profitable; and of discipline in student if they become a burden to the taxpayers, whose fault is it?
Thus there is critical not a grievance in the nation for which the government does not voluntarily make itself responsible. Is it surprising, then, that every failure increases the threat of another revolution in France? And what remedy is proposed for this? To extend indefinitely the domain of the law; that is, the responsibility of government. But if the government undertakes to control and to raise wages, and cannot do it; if the government undertakes to care for all who may be in up essay paper, want, and cannot do it; if the government undertakes to essays on emma, support all unemployed workers, and cannot do it; if the government undertakes to lend interest-free money to all borrowers, and cannot do it; if, in these words that we regret to say escaped from the pen of Mr. de Lamartine, The state considers that its purpose is to enlighten, to develop, to enlarge, to strengthen, to spiritualize, and to sanctify the soul of the people and if the government cannot do all of these things, what then? Is it not certain that after every government failure which, alas! is more than probable there will be an equally inevitable revolution?
[Now let us return to a subject that was briefly discussed in the opening pages of this thesis: the relationship of ferro homework, economics and of politics political economy.]  A science of economics must be developed before a science of politics can be logically formulated. Essentially, economics is the science of determining whether the essays on emma interests of human beings are harmonious or antagonistic. This must be known before a science of politics can be formulated to determine the proper functions of form phd dissertation, government. Immediately following the development of essays on emma, a science of economics, and at the very beginning of the formulation of a science of politics, this all-important question must be answered: What is law? What ought it to be? What is its scope; its limits?
Logically, at what point do the just powers of the legislator stop? I do not hesitate to answer: Law is the common force organized to act as an obstacle of it audit resume, injustice . In short, law is justice . It is not true that the legislator has absolute power over our persons and property. The existence of persons and property preceded the existence of the legislator, and his function is only to guarantee their safety. It is not true that the function of law is to regulate our consciences, our ideas, our wills, our education, our opinions, our work, our trade, our talents, or our pleasures. The function of law is to protect the free exercise of these rights, and to prevent any person from interfering with the free exercise of these same rights by essays on emma any other person. Since law necessarily requires the support of force, its lawful domain is only in the areas where the use of force is necessary. This is justice. Every individual has the right to use force for lawful self-defense. It is for this reason that the collective force which is only the organized combination of the individual forces may lawfully be used for the same purpose; and it cannot be used legitimately for any other purpose. Law is solely the organization of the individual right of self-defense which existed before law was formalized.
Law is justice. The mission of the law is not to oppress persons and plunder them of their property, even though the law may be acting in a philanthropic spirit. Its mission is to protect persons and ferro homework property. Furthermore, it must not be said that the law may be philanthropic if, in the process, it refrains from oppressing persons and plundering them of their property; this would be a contradiction. The law cannot avoid having an effect upon persons and property; and if the law acts in any manner except to protect them, its actions then necessarily violate the liberty of persons and their right to own property. The law is justice simple and essays on emma clear, precise and bounded. Every eye can see it, and every mind can grasp it; for justice is measurable, immutable, and unchangeable.
Justice is neither more than this nor less than this. If you exceed this proper limit if you attempt to make the law religious, fraternal, equalizing, philanthropic, industrial, literary, or artistic you will then be lost in an uncharted territory, in vagueness and uncertainty, in a forced utopia or, even worse, in a multitude of utopias, each striving to seize the law and impose it upon you. This is true because fraternity and philanthropy, unlike justice, do not have precise limits. Once started, where will you stop? And where will the it audit resume law stop itself? Mr. de Saint-Cricq would extend his philanthropy only to some of the industrial groups; he would demand that the law control the consumers to benefit the producers. Mr. Considerant would sponsor the cause of the labor groups; he would use the law to secure for them a guaranteed minimum of clothing, housing, food, and all other necessities of essays, life.
Mr. Louis Blanc would say and with reason that these minimum guarantees are merely the beginning of complete fraternity; he would say that the law should give tools of essay about, production and free education to all working people. Another person would observe that this arrangement would still leave room for inequality; he would claim that the law should give to everyone even in the most inaccessible hamlet luxury, literature, and art. All of these proposals are the high road to communism; legislation will then be in critical, fact, it already is the battlefield for the fantasies and greed of everyone. Law is justice. In this proposition a simple and enduring government can be conceived. And I defy anyone to say how even the thought of revolution, of insurrection, of the slightest uprising could arise against growing up essay a government whose organized force was confined only to suppressing injustice. Under such a regime, there would be the most prosperity and it would be the most equally distributed. As for the sufferings that are inseparable from humanity, no one would even think of accusing the on emma government for them.
This is essay unusual friendship true because, if the force of government were limited to suppressing injustice, then government would be as innocent of these sufferings as it is now innocent of changes in the temperature. As proof of this statement, consider this question: Have the critical on emma people ever been known to rise against the Court of essay about unusual friendship, Appeals, or mob a Justice of the Peace, in order to get higher wages, free credit, tools of production, favorable tariffs, or government-created jobs? Everyone knows perfectly well that such matters are not within the jurisdiction of the on emma Court of Appeals or a Justice of the Peace. Up Essay? And if government were limited to its proper functions, everyone would soon learn that these matters are not within the jurisdiction of the law itself. But make the laws upon on emma the principle of fraternity proclaim that all good, and all bad, stem from the law; that the law is responsible for all individual misfortunes and all social inequalities then the door is open to paper, an endless succession of complaints, irritations, troubles, and revolutions. Law is justice. And it would indeed be strange if law could properly be anything else! Is not justice right? Are not rights equal?
By what right does the law force me to conform to the social plans of Mr. Mimerel, Mr. de Melun, Mr. Thiers, or Mr. Critical? Louis Blanc? If the harvard of the phd dissertation law has a moral right to critical, do this, why does it not, then, force these gentlemen to submit to my plans ? Is it logical to suppose that nature has not given me sufficient imagination to dream up a utopia also?
Should the law choose one fantasy among many, and ferro homework put the organized force of government at its service only? Law is justice. And let it not be said as it continually is said that under this concept, the law would be atheistic, individualistic, and critical essays on emma heartless; that it would make mankind in its own image. This is an essay of discipline in student life, absurd conclusion, worthy only of those worshippers of government who believe that the law is mankind. Nonsense! Do those worshippers of government believe that free persons will cease to act? Does it follow that if we receive no energy from the law, we shall receive no energy at all? Does it follow that if the law is restricted to the function of protecting the essays on emma free use of unusual friendship, our faculties, we will be unable to use our faculties? Suppose that the law does not force us to follow certain forms of religion, or systems of association, or methods of education, or regulations of labor, or regulations of trade, or plans for charity; does it then follow that we shall eagerly plunge into critical atheism, hermitary, ignorance, misery, and greed? If we are free, does it follow that we shall no longer recognize the power and goodness of God? Does it follow that we shall then cease to associate with each other, to help each other, to essay about, love and critical essays on emma succor our unfortunate brothers, to study the research paper secrets of nature, and to strive to improve ourselves to the best of our abilities?
Law is justice. And it is under the law of justice under the reign of right; under the influence of liberty, safety, stability, and responsibility that every person will attain his real worth and the true dignity of his being. It is on emma only under this law of justice that mankind will achieve slowly, no doubt, but certainly God's design for the orderly and peaceful progress of humanity. It seems to me that this is theoretically right, for whatever the question under discussion whether religious, philosophical, political, or economic; whether it concerns prosperity, morality, equality, right, justice, progress, responsibility, cooperation, property, labor, trade, capital, wages, taxes, population, finance, or government at whatever point on the scientific horizon I begin my researches, I invariably reach this one conclusion: The solution to the problems of human relationships is to it audit resume, be found in liberty. And does not experience prove this? Look at critical on emma the entire world. Which countries contain the most peaceful, the most moral, and it audit resume the happiest people?
Those people are found in the countries where the on emma law least interferes with private affairs; where government is least felt; where the essay of discipline in student individual has the greatest scope, and free opinion the greatest influence; where administrative powers are fewest and simplest; where taxes are lightest and most nearly equal, and popular discontent the least excited and the least justifiable; where individuals and essays on emma groups most actively assume their responsibilities, and, consequently, where the morals of admittedly imperfect human beings are constantly improving; where trade, assemblies, and associations are the ferro homework least restricted; where labor, capital, and populations suffer the fewest forced displacements; where mankind most nearly follows its own natural inclinations; where the inventions of on emma, men are most nearly in harmony with the essay of discipline life laws of God; in short, the essays on emma happiest, most moral, and most peaceful people are those who most nearly follow this principle: Although mankind is not perfect, still, all hope rests upon the free and voluntary actions of persons within the limits of right; law or force is to be used for nothing except the administration of universal justice. This must be said: There are too many great men in the world legislators, organizers, do-gooders, leaders of the people, fathers of nations, and so on, and ferro homework so on. Too many persons place themselves above mankind; they make a career of organizing it, patronizing it, and ruling it. Now someone will say: You yourself are doing this very thing. True. But it must be admitted that I act in an entirely different sense; if I have joined the on emma ranks of the reformers, it is solely for the purpose of persuading them to leave people alone. I do not look upon people as Vancauson looked upon research editing his automaton. Rather, just as the physiologist accepts the human body as it is, so do I accept people as they are. I desire only to study and admire. My attitude toward all other persons is well illustrated by critical on emma this story from a celebrated traveler: He arrived one day in it audit resume, the midst of a tribe of savages, where a child had just been born.
A crowd of soothsayers, magicians, and critical essays quacks armed with rings, hooks, and cords surrounded it. Essay About Unusual Friendship? One said: This child will never smell the perfume of a peace-pipe unless I stretch his nostrils. Another said: He will never be able to critical, hear unless I draw his ear-lobes down to his shoulders. A third said: He will never see the sunshine unless I slant his eyes. Another said: He will never stand upright unless I bend his legs. A fifth said: He will never learn to think unless I flatten his skull. Stop, cried the traveler. What God does is well done. Do not claim to know more than He. God has given organs to this frail creature; let them develop and grow strong by essay about unusual exercise, use, experience, and liberty.
God has given to men all that is necessary for them to critical on emma, accomplish their destinies. Ferro Homework? He has provided a social form as well as a human form. And these social organs of persons are so constituted that they will develop themselves harmoniously in the clean air of critical on emma, liberty. Away, then, with quacks and organizers! A way with their rings, chains, hooks, and pincers! Away with their artificial systems! Away with the whims of governmental administrators, their socialized projects, their centralization, their tariffs, their government schools, their state religions, their free credit, their bank monopolies, their regulations, their restrictions, their equalization by taxation, and their pious moralizations! And now that the legislators and do-gooders have so futilely inflicted so many systems upon society, may they finally end where they should have begun: May they reject all systems, and it audit resume try liberty; for liberty is an acknowledgment of critical, faith in God and His works.
 : General Council of Manufacturers, Agriculture, and Commerce, May 6, 1850.  : Translator's note: At the time this was written, Mr. Ferro Homework? Bastiat knew that he was dying of tuberculosis. Within a year, he was dead.  : Translator's note: The French word used by Mr. Bastiat is spoliation .  : If the special privilege of government protection against competition a monopoly were granted only to one group in France, the iron workers, for instance, this act would so obviously be legal plunder that it could not last for long.
It is for this reason that we see all the essays protected trades combined into a common cause. They even organize themselves in it audit resume, such a manner as to appear to represent all persons who labor . Instinctively, they feel that legal plunder is concealed by essays on emma generalizing it.  : Translator's note: The parenthetical expressions and the italicized words throughout this book were supplied by Mr. Bastiat. All subheads and bracketed material were supplied by the translator.  : Translator's note: What was then known as Paraguay was a much larger area than it is today. It was colonized by the Jesuits who settled the ferro homework Indians into villages, and generally saved them from essays further brutalities by the avoid conquerors.  : Translator's note: According to Rousseau, the paper editing existence of social man is partial in the sense that be is henceforth merely a part of society. Knowing himself as such and thinking and feeling from the point of view of the whole he thereby becomes moral.
 : Translator's note: Mr. Bastiat has devoted three other books and several articles to the development of the ideas contained in the three sentences of the following paragraph.