Tuesday, January 28, 2020

Synopsis of the films plot

Synopsis of the films plot Synopsis of the films plot The story takes place in 1959 at Welton School in Vermont in the USA, an upper private preparatory school for boys who want to get into famous universities: the Ivy League. The fall term begins with a very traditional ceremony during which a new English Literature teacher, Mr. John Keating, former student at the institution, is introduced. With his unconventional teaching methods, he inspires the students to act as individuals. He encourages them to think for themselves. They have to find new points of view, to discover their own ways and feelings, and to Seize the day. The film focuses on the new teacher and on a group of his students: Neil Perry, Knox Overstreet, Charlie Dalton, Steven Meeks, Richard Cameron and Gerard Pitts, who have known each other for several years, and a new one, Todd Anderson. They decided to revive the Dead Poets Society but interpreted in their own way: a kind of literary club of which Mr Keating was a member. This movie is about what happens when these students decide to pursue their own desires, and to live life with the passion that Mr. Keating encouraged. Ultimately, it is about what happens when a few idealistic students find themselves confronted against conservative forces that resist all change, including the drive for personal self-determination. Overview of the characters Mr Keating A former student of Welton Academy, as a teacher,Mr Keating is the boys source of inspiration and encouragement. He makes poetry drip from [their] tongues like honey, using it as a medium to encourage his charges to strive for excellence and individuality. He also introduces his students to the phrase, Carpe diem, a Latin expression that translates as Seize the day. Mr Keatings teaching methodology is highly unconventional and conflicts with Weltons four pillars: Tradition, Honour, Discipline, and Excellence. He is dismissed from his position at the end of the film, charged with causing Neil Perry to commit suicide. Neil Perry Neil Perry is a confident and popular student who excels in his studies. He is well-liked by both his peers and teachers and is a natural leader. Inspired by his passionate English teacher, Mr Keating, he re-establishes the Dead Poets Society. This shows that he is prepared to challenge the schools authority. Neils aspirations to become an actor are snuffed by his controlling father who refuses to give Neil any choice about his future. As a result, Neil commits suicide at the end of the film. Todd Anderson Todd is a shy and introverted student who is new to Welton Academy. Todds older brother was a previous valedictorian of Welton and both the school and his parents clearly have high expectations of him. An obedient and studious young man, Todd tries hard to please his teachers but lacks confidence at the beginning of the film and this prevents him from reaching his potential. However, both Neil and Mr Keating support and encourage him and he consequently develops considerably as a character. At the end of the film, he is the first student to stand on his desk in support of Mr Keating. Knox Overstreet Though shy and academically focussed at the beginning of the film, Knox develops considerably as a result of his inchoate relationship with Chris. Romantic and idealistic, he pursues Chris relentlessly, applying Mr Keatings philosophies to his circumstance. By seizing the day and taking risks, he ultimately wins Chris, in spite of the fact that she is practically married to Chet Danberry, the son of a family friend. Knoxs character is evidence of the positive effect of Mr Keatings teachings. Charlie Dalton or Nuwanda Rebellious, recalcitrant and reckless, Charlie Dalton is the most extraverted and daring of Weltons students. He resists the authority of the school and is ultimately expelled for refusing to sign the document condemning Mr Keating. Attention-seeking and chauvinistic, he also invites two girls to the Dead Poets Society meetings. Though he admires and respects Mr Keating, he takes Keatings principles too far and takes several imprudent risks. Richard Cameron Cameron is an assiduous and ambitious student who conforms totally to both the schools and his parents expectations. Keen to succeed academically and win the favour of his teachers, he is very compliant and is prepared to betray his friends in order to further his own interests. Cameron is ultimately responsible for the dismissal of Mr Keating as he selfishly accuses Keating of encouraging Neil to commit suicide; he is complicit with the schools administrators. Steven Meeks Meeks is the most academically gifted of the boys and; this is certainly his reputation amongst his peers. Though studious and compliant, he is well-liked by the others and is a strong supporter of Mr Keating. Like others, he reluctantly joins the Dead Poets Society but ultimately embraces all that it stands for. Mr. Perry Mr Perry is Neils paternalistic and dominating father. He is determined that Neil will finish school at Welton and study medicine. To this end, he ensures that Neil is focussed and not distracted by unnecessary extra-curricular activities such as the school magazine. Neil rebels against this but unable to confront his father, ultimately decides that he is trapped. Mr Perrys refusal to support Neils acting aspirations ultimately lead to Neils death. Mr. Nolan He is the director of Welton School illustrating the four pillars of the institution â€Å"tradition, honour, discipline, excellence†. He is the opposite character of Mr Keating and represents the conformism of the high class society at this time. He assures to send his students in elitist colleges and possesses the complete trust of their parents. Gerard Pitts Pitts is an insignificant character but is part of the core group of boys who form the Dead Poets Society. Tall and lanky, he is socially awkward and somewhat withdrawn. Though he is introverted and does not seem to take risks, he rises from his seat at the end of the movie, demonstrating that he clearly respects Mr Keating. Different styles of Leadership 1. Charismatic leadership vs. Authoritarian leadership In this part, we are going to focus on two characters and their difference of personality and behaviours through their leadership styles: Mr Keating and Mr Nolan. Mr Keating: a charismatic leader Charisma is linked to a number of criteria that we will develop. During the entire movie, Mr Keating seems to be someone who pays much attention to the person he is talking to. Hes making that person (the students) feel free to be who they are and feel like the most important person in the world. Hes able to create a climate of intimacy which is linked to the trust. For example, during his first class, hes talking to the students as individuals. He wants to make them realize that they all have their own desires and he wants them to follow their own path. Mr Keating pays a great deal of attention in scanning and reading his environment, and is good at picking up the moods and concerns of both individuals and larger audiences. In this way, he knows how to answer to the students needs and to adapt himself to these others. A good example is when he teaches in class: he knows hes subject to a number of interrogations but he adapts his exercises to the concerns of the students. He also uses a wide range of methods to manage his image. He engenders trust through visible self-sacrifice and takes personal risks in the name of his beliefs. He shows great confidence in his followers (the students). He is very persuasive and makes very effective use of body language as well as verbal language. Mr Keating has a deliberate charisma in a theatrical sense: he makes effective use of storytelling, including the use of symbolism and metaphor. Especially when he talked about The Dead Poets Society for the first time, he described the world of poetry which is linked to passion and aim of life. In the same time, we have the impression that all along the movie he tries to build a group, his group of students, by making it very clear and distinct, separating it from the other classes. No other group has classes outside or on a football field. In this way, he is building the image of the group, in particular in the minds of his students, as being â€Å"different† to all others, so â€Å"superior† in a way. Also, he attached himself firmly to the identification of the group, such that to join the group is to become one with the leader. In doing so, he creates an unchallengeable position for himself. Furthermore, Mr Keating appears as a Charismatic Leader because he may not want to force anything. His beliefs are by themselves highly valuable. As we saw, Mr Keating tends to be a charismatic leader. A number of criteria are relevant to emphasize this theory as his vision, his sensitivity to the environment, to students need, his personal risk taking and his unconventional behaviour. Besides, according to Emily Spencer â€Å"charismatic leaders are the product of follower perceptions and attributions that are influenced by actual leader traits and behaviour, the context of the situation, and the individual and collective needs of the followers†, we will study later how Mr Keating influenced his students and answers to their fundamental needs. â€Å"A charismatic leader uses his personality and charms rather any form of external power or authority† this characterizes Mr Keatings behaviour compared to Mr Nolans one. He never forced the students to do anything and he encourages them to find their freedom. Also, charisma is linked to a unique vision, which we will develop below. Mr Keating has his own vision and uses unconventional ways to express it. But because of his confidence in his own beliefs, he thought they were infallible, he didnt think about the impact of his changes even when he received adequate warning from others. Although he meant well, it was the cause of a lot of problems. Mr Nolan: an authoritarian leader â€Å"A leader is a person whose charisma helps them to guide a group of people in a direction they believe is desirable. Someone with authority uses their power to guide a group of people in a direction they believe is desirable.† Mr Nolan is the director of the School. â€Å"Tradition, honour, discipline, excellence† is his key words and his power is based on it. He is from the aristocratic and traditional society; his role is to preserve the integrity of the school and to prepare his students to get into the high society and to be their new models. â€Å"If a person has the ability force a person to perform a certain act, or the ability to otherwise coerce them, than that person is an authoritarian†. Mr Nolan can be recognized by how he makes his decision. There is no discussion or the discussion begins with a foregone conclusion. Also, he guides the students with negative motivation that leave them in a bad position. They feel that they are the only ones who disagree and that is why they have to be exiled. Ultimately, this means that the only way to really oppose Mr Nolan was with the support of a sizable percentage of the group. Mr Nolan will speak of betrayal in this case. Mr Keating would not, as a disagreement is never a betrayal unless there is an expectation of being followed and obeyed. In comparison, Mr Keating guided students by the infectious nature of his vision. They wanted to follow him, but they were free not to. The relationship between Neil and his father Neils aspirations are to become an actor but they are snuffed by his controlling father who refuses to give Neil any choice about his future. Mr Perry is a paternalistic and dominating father. He is determined that Neil will finish school at Welton and study medicine. In this part, we are going to show that Neils character has a charismatic behaviour and his father an authoritarian one. Thus, we will try to establish a comparison between the Mr Keating and Mr Nolan relationship and the Neil and Mr Perry relationship. From the beginning, Neil appears as a bright student, he is engaged in a lot of activities within school and he is recognized as the leader of the group of students. But this character feels a deep contradiction between his own dreams and the ones his father has for him. He is going to fight again the morality of his parents following Mr Keating beliefs. We notice that Neil has a charismatic attitude towards the other students at the beginning of the movie â€Å"You say things and people listen†. He is the one who decided to re create the Dead Poets Society and used of his â€Å"power† to convince the other. He became more and more attracted to Keatings philosophy and acted as if it was a revelation for him. He is discovering a new state of mind through Keatings words and poetry and he is ready to listen to his feelings. The scene when Mr Perry enters in Neils room is quite relevant concerning the relationship between the two characters. Neil had decided to follow theater courses but he didnt advise his father. When Mr Perry find out, he orders his son to quit. At this instant, the illusions of Neil are falling apart and he cant express his feelings. He feels trapped and he acts as a child who did a mistake. Mr Perry uses the expression â€Å"absurd acting business† and refers to the deception he might have feel. He gives orders and Neil has no other choice than answering â€Å"Yes Sir† and crying. Mr Perry concludes with â€Å"You will not let me down†. We observe that the relationship is based on authority. The two characters are quite different: Mr Perry is cold, quiet and he hides his feelings and Neil is full of hopes and dreams with a deep emotional sensitivity. Mr Perry character refers to Mr Nolan one. He thinks that his way of thinking is the best for his son; he doesnt consider creativity, pleasure and feelings. Both characters express their power in the same way: they order, people have to follow. They dont let the opportunity to other to discuss and they are acting as if they were carrying the weight of the world on their shoulders. We also can say that this kind of character is complex because in away they are following their own beliefs, as Mr Keating does, and are convince its the right one. We have no doubts concerning the good intentions of Mr Perry to encourage his son to follow a medicine career. He thinks it is the best for his son to succeed. This kind of character has difficulty to â€Å"open up† the box and to extend the horizons. Two values can be differentiated concerning these characters that we will describe later: realism versus creativity. We also notice that after his conversation with his father, Neil goes to Keatings office to ask him for advice. Neil realized that the teacher always had a dream and that he is actually living for it. He expresses his feelings concerning his father â€Å"hes planning the rest of my life, he never asked me what I want†. Neil decides to not quit his role in the play and invites his friends and Mr Keating to watch him. Unfortunately, his father heard about it and comes to the theater. On stage, Neil talks to his father through the character he is playing and his last sentence in the play is â€Å"I have a dream†. The last interaction between Neil and his father takes place at home. Mr Perry is desolated, he accuses Neil to have defying him and to have run his life. At this time, we know that Mr Perry would never change his state of mind and will never allow his son to follow his own way. Mr Perrys refusal to support Neils acting aspirations ultimately lead to Neils death. Other personality and behavioural differences: the followers The movie is based on different characters and we will focus on this part on the evolution of the group of students through the leadership of others. Even if we saw that Neil for example was considered as a leader within the group, all the students are characterized as â€Å"followers† concerning or the leadership of Mr Keating or the authority power of Mr Nolan. The movie shows a lot of personality and behavioural differences concerning the characters. We can analyze the evolution of the characters in three times which correspond with the three classes of Mr Keating and we can focus especially on the influence of Mr Keating in their interactions. First of all, we have to remind that they all are part of the â€Å"tradition, honour, discipline, excellence† system. They grew up in this environment and their life has been predicted depending on these criteria. Their â€Å"model† is obviously Mr Nolan who is trusted by the entire community and also the teachers of the school. When Mr Keating introduced himself at the first class, they are all already prepared to receive a poetry class as they have been taught last years. Keating starts by asking them to open their book and to read the preface which sum up the poetry as a mathematical figure. Then he asked them to rip out the entire page. They are all shocked and dont know what to do because they know it goes against the system they are used to live in. Then, Keating asked them to get out of the class room and to look at the important figures of the school in the hall way. They are not either used to be taught outside of a class room. Most of them are wondering if its not a trap, no one is moving until one decides to do it. The rest follows. This attitude towards this new teacher is going to last during three classes. They dont dare to do something different, something which goes against their principles, to open up their perspectives and thats exactly what Keating tries to emphasize. But we notice that no one will directly be opposed to Keatings methods. They will all follow. They wait for someone to take the initiative, most of the time Neil. Someone who is recognized as their leader, they trust him. There is only one scene during the classes which shows that one student is opposed. At the third class, when Mr Keating asks his students to walk through the garden and to find their own way of walking, one student told Keating â€Å"you invite us to find our own freedom, Ive the freedom to not do it†.   But the others continue because they found their new leader, Mr Keating. Thus, we notice that the characters of the movie can be considered as a group: they are re creating the Dead Poet Society under Neils recommendation, they are united by a group, a secret society which they are all members of†¦ But in the same time, they are becoming less dependant on each other because they are all trying to find their own way. Their independence within the school is significant during the scene which shows two of them dancing on the sound of â€Å"Radio Free America† or when one of them declares â€Å"For the first time of my life, I know what I wanna do†. As we talked about in the characters description, all the students are differentiated by their own actions in the movie. At the beginning they are characterized by being students from the same school then they can be perceived as different individuals. Through Todd Anderson and Knox Overstreet characters, we can analyse the evolution of the characters. Todd Anderson is really shy and seems a bit younger than the others but he likes writing except that he doesnt have enough self confidence to do it. At the beginning, he is not able to stand up in front of the class and is always trying to hold Neil back from his desires. But at the end, he appears as the first one to show his opposition to Mr Nolan and to stand up on his table to show that he is grateful to Mr Keating. Knox Overstreet is a shy and academically focussed student at the beginning of the movie but influenced by Mr Keating he is going to listen to his feelings and to believe in himself. He will fall in love with a girl who is actually engaged and is decided to conquer her. Before kissing her for the fist time, he repeats to himself â€Å"carpe diem† and after telling his friends that he wrote her a poem, he says â€Å"She didnt say anything but at least I did it†. Besides, when the school is trying to accuse Mr Keating for being responsible for Neils death, we can note some different attitudes and behaviours. As we analysed before, their behaviours are linked to the notion of dependence or independence and its relevant to notice their different attitudes towards the institution at the end of the movie. All along the movie, these students formed a group. They have been influenced by Mr Keating, he was defined as their â€Å"mentor† and for some of them, their life changed considerably. As we saw, they were united by the Dead Poets Society and the beliefs of Mr Keating were ingraved in their mind. But at the end, under the pressure of Mr Nolan and their parents, they all betray their new principles and sign a paper which attests that Mr Keating had a bad influence on them and that he is the direct responsible of Neils death. Ironically, the only one who refuses it is Charlie Dalton, the only one who was opposed to Keatings exercise†¦ Their dependence to Welton academy is stronger that their dependence to Mr Keating and in this case, we can say that the Mr Nolans authoritarian model wins. The direct consequence on this is the break of their friendship. The group doesnt exist anymore because of the different attitudes they have towards Mr Keating or Mr Nolans influence. Different thematic 1. The power of a myth : a necessity to unit Welton Academy versus the Dead Poets Society Even if Welton School and the Dead Poets Society are perceived as two different â€Å"institutions† and are opposite by their beliefs; nevertheless they have a similarity: they both are based on strong values established a long time ago constituting a model for students. In this part, we will focus on the power of myths and we will establish a comparison between â€Å"tradition, honor, discipline, excellence† referring to Welton and â€Å"carpe diem† referring to the Dead Poets Society. Besides, we will see that in both cases, the myth is a necessity to unit. Welton Academy â€Å"tradition, honor, discipline, excellence† The story of the movie is set in Welton Academy in Vermont in 1959, a conservative and aristocratic preparatory school where education is understood to be a rigorous academic learning program combined with the shaping of the students characters according to explicitly traditionalist ideals. The movie begins with a processional march of the students into the main auditorium of the school, where teachers and parents are awaiting the address of Mr. Nolan, who inaugurates the new school year by reminding everyone of the high standards of the institution, and the schools high success rate in sending its graduates to Ivy League universities. Students carry banners on which are embroidered the four pillars of Weltons pedagogical program: Tradition, Honour, Discipline, and Excellence. The key to your success rests on our four pillars. These are the bywords of this school, and they will become the cornerstones of your lives. Most of the students at Welton are from respectable families; most are destined to follow in the footsteps of their fathers and become doctors, corporate lawyers, or bankers. Also it is really clear that Welton has a conservative spirit and is dedicated to give to the students its traditionalist way of thinking. The school represents tradition and the teaching methods are very established, which is opposed to the innovative and creative way of teaching of Mr Keating. Honor represents the renown that the school receives by placing a lot of students in elite universities. The institution is well known and prestigious; Mr Nolan has for role to maintain the reputation of the school and to keep high standards. He is only here to watch that the students are taught in a traditional way. Discipline means repression in Welton. Its goal is to establish a framework for the students by controlling them. In the movie, the respect of discipline is really important to insure uniform behaviour and the repression of the students individuality and creativity. Their personal desires cant exist without discipline. Welton has a lot of rules. Fist of all, the school is only for boys and girls are not allowed in the institution. The students have to wear a uniform and have to spend their free time to study. Some extra activities are planned but even being part of the redaction of the school newspaper is a lost of time for Neils father. The code is really strict and can be perceived as â€Å"old school† concerning the punishments. Concerning the â€Å"excellence†, it refers to not simply succeed in what you are doing but being the best and get the approbation of the institution. In the movie, we notice that it is more important to get good grades than understanding what the subject is about. The school is a preparatory school to get into prestigious universities and all parents are counting on Welton to make their child succeed. It doesnt matter how they are treated and if they are happy or not, they just have to be excellent and behave the way the institution is expected them to. As we saw in the movie, with Mr Keatings influence, most of them realize that they have desires but the school will not allow them to develop their instincts. The authority of Mr Nolan and the pressure of their parents emphasize the importance of academic studies to get a successful career and also to answer to their parents dreams. Also, they cant recognize excellence if it is out of the frame. Neil could be really good at acting but his father doesnt even take that into consideration. Welton is an institution based on a philosophy where tradition, honour, discipline and excellence are the key words. It is also a school where the self reflection, the personal development, the creativity, the non conformity†¦ are not recognized and not tolerated. Students nickname the school â€Å"Hellton†. Mr Nolan, model of authority and obedience, represents the traditionalism and the conservatism of Welton: an institution opposed to the individualism of Mr Keating and the Dead Poets Society philosophy. The Dead Poets Society â€Å"Carpe Diem† One day, Neil finds an old yearbook with Mr. Keating in it. After seeing that Mr. Keating listed Dead Poets Society as one of his activities, the boys ask Mr. Keating what this was. He replies that the Dead Poets Society was dedicated to taking â€Å"the meaning out of life†. To do so, the members would sit in an â€Å"old Indian cave† near a certain pond and in the enchantment of the moment . . . let poetry work its magic. When Knox has doubts about a bunch of guys just sitting around reading poetry, Keating claims that they were not just a Geek organization, that they were romantics, that they didnt just read poetry. Spirits soared, women swooned and gods were created, gentlemen† That evening, under Neils leadership, the boys reconvene the Dead Poets Society. Neil honors tradition by opening the new chapter of the society the way Keating and his classmates used to open it, by reading the passage from Henry David Thoreau. â€Å"I went to the woods because I wanted to live deliberately I wanted to live deep and suck out all the narrow of life To put to rout all that was not life And not when I had come to die Discover that I had not lived† This first meeting of the renewed society is a tremendous success. The boys really get into reading poetry, including the concluding lines from Tennysons Ulysses, which Neil reads and which, in the context of the movie as a special significance. â€Å"Come my friends, its not too late to seek a newer world† We can notice at this time that Neil is completely influenced by Mr Keating character and curious about The Dead Poets Society. When he starts reciting poetry, he seems to have discovered a new way of thinking, it is a revelation for him. The words that he pronounces have an echo in himself. The Dead Poets Society is also the link between the past and the present which makes the students think about their future. It is also a way for them to avoid their parents values that are really heavy: it gives them the opportunity to have a special time to avoid constraints which create a strong link between all of them. Now the group of students is united by this secret. This intimacy allows them to act on their own, they are using it as a way to know all the things which are forbidden inside the school. They are smoking, drinking, playing music or bringing girls. We can say that they are experimenting the pleasures of life which give a real sense for Keating and which represent the devil for Mr Nolan. Also, we observe that tradition, honor, discipline, and excellence are represented in having taken the initiative to reconvene the Dead Poets Society, despite the fact that the school would not look too favourably upon it. Furthermore, The Dead Poets Society which could represent a place of decadence for Welton Academy is illustrating the values that Mr Keating is believing in. It refers to one of the first sentence he pronounces in class â€Å"Life exists and identity†. We see all along the movie that the Dead Poets Society will take more and more importance in the students life and that it will become their creed. â€Å"I promise. The Dead Poets Society is my word† 2. Mr Keatings vision â€Å"Carpe Diem, seize the day† is the phrase that the movie is focusing on and is reflecting the vision of Mr Keating, an   English teacher who has just been hired, and who displays ideas and a spirit that deviate sharply from the established Welton practices and norms. Keating propagates an anti-authoritarian philosophy of life and he will soon profile himself as the provocative and inspiring educator of the students of whom he is in charge. During his very first class session Keating demonstrates that he is not just there to convey academic information, but also to show what students can do with such knowledge in their everyday lives. The first class session is, indeed, not so much a lesson in English literature, but a dramatic philosophical wake-up call. â€Å"Word and images can change the world† â€Å"The human race is filled with passion† Examining some poetry lines, Mr Keating interpolates his students Why does the poet write these lines?. He answers Because we are food for worms, la

Monday, January 20, 2020

Macbeth Essay :: essays research papers

Ever since the beginning of time humans have set out goals for themselves; goals for power, wisdom and riches. Many times throughout history, these common goals have bee corrupted by people. Other times it has been for the greater good. People like Adolf Hitler became corrupt because of the goals he set out. On the other hand the goal of someone like Mother Theresa has helped all of mankind. In the case of Shakespeare’s play â€Å"Macbeth† the goal and desire for power corrupts the two main characters. However, to Macbeth’s credit, it takes a lot more deceiving to convert Macbeth to evil than it does Lady Macbeth. Macbeth seems to still have a conscience and has to debate evil deeds and ignore his natural good in order to do something bad. Lady Macbeth on the other hand ignores nothing and ask evil spirits to come into her to achieve her goals. Macbeth and Lady Macbeth are two very different minds, striving for the same goals, they both throw of their consciences to fulfill their evil motives.   Ã‚  Ã‚  Ã‚  Ã‚  In Act one, Scene 3 the story line is laid down. The witches speak the prophesies to Macbeth in this Scene. After two of the prophecies come true Macbeth thinks the third prophecy must also come true and that the king will be murdered. He is mortified at the thought of the deed and is truly frightened and disgusted by the mental image. Later he conveys this information to Lady Macbeth in Scene 5 and she responds with jubilee. Macbeth says â€Å"If good why do I yield to the suggestion† which shows that he knows he could not do such a horrible act. But Lady Macbeth sees his approach to the third prophecy and launches a counter in scene five line twenty four where she says â€Å"Hurry Home, so I may pour my sprits in your ear.† This portrays the truly corrupt sprit that has been fueled by her goal to be Queen. While Macbeth is trying as hard as his mind will let him to dismiss the evil images from his mind he realizes that the irony of the prophecies i s to much to ignore. Back home Lady Macbeth is polar opposite to Macbeth’s feelings. Instead of being mortified at the idea she meditates on how it might be done and relishes in the idea. Both show a very different reaction to this horrible act.

Sunday, January 12, 2020

Hnc Accounts †Business Law Outcome Essay

There are two institutions in the UK that have the power to make statutory legislation in Scotland. The first of these institutions is Westminster (London) where elected individuals serve in the House of Commons. These members are known as MP’s (Members of Parliament). Parliament is responsible for passing new laws (legislation). In the late nineties the House of Commons allowed the passing of devolved powers to the newly created Scottish Parliament. Only certain powers were transferred to Holyrood and Westminster still control the laws that govern Tax, National Security and many others. Westminster is still regarded as Primary Legislation. This means that any law made by Westminster in reserved matters of policy must be adhered to by the Scottish Parliament. The second of these institutions is Holyrood (Edinburgh) where 129 elected individuals serve in the Scottish Parliament. These members are known as MSP’s (Members of Scottish Parliament). The Scottish Parliament was created on the 11th Sept 1997. The voters in Scotland took part in a referendum where they voted on a Devolved Scottish Parliament. This meant that Westminster would allow this devolved parliament to create laws in certain areas of policy. The Scottish people voted for a devolved parliament and the devolved powers were transferred from Westminster to The Scottish Parliament on the 1st July 1999. Westminster reserved certain powers that still govern many areas of Scotland today but the devolved powers allow Scotland to pass laws and regulate in areas such as Agriculture, Health and Housing to name a few. The process of making primary legislation in the UK follows a very strict procedure of three distinct stages. An MP, Lord or a member of the public can raise a bill to suggest a change of law (legislation). The first stage  of the process involves a parliamentary committee of members. They will review the bill and decide whether it moves to the second stage. The second stage allows amendments to the bill and allows the bill to be scrutinized by the committee and member. If the bill passes this stage then the third stage involves a member vote. If a majority of the members vote for the bill then the bill will be passed and presented to the Queen to receive a Royal Assent. The bill is now law. Common Law has a major role in Scots law today and it draws on four separate elements. Common Law is often referred to as the ‘Unwritten Law’ or ‘Historical Law’. This unwritten law has developed over centuries and draws from different sources. 1. Common law is based on Equity. Equity is the process of allowing judges to apply fairness or justice when there is no legislation to refer to. They must base these decisions on fairness and equality for all. When the judge follows this process of Equity he/she is actually making the law. This is called Precedent and we will talk about this in more detail in point 4. 2. Common law is also based on Institutional Writing. Centuries ago men of a higher class would finish their schooling in the various cities of Europe. These men would learn the laws of other countries and on their return to their estates in the UK would write about these laws and use them to govern their own estates. Institutional Writings no longer hold the authority as days gone by as Government Legislation and Judicial Precedent are supreme and overrule Institutional writings if they are based on similar cases. 3. Common Law is also based on Custom. Custom is when over a long period of time a particular habit is recognized by the people or social grouping. An example of this would be ‘common law husband’ where the couple are not in fact married but have lived as such so therefore the man would be entitled to the same rights as a legal husband. 4. The most important piece of common law in the courts today is Judicial Precedent. Judicial Precedent is where a judge or jury has no other legislation or act of parliament to decide a particular dispute and any decision they make will be followed in the future for any other similar disputes. A precedent can only be superseded by a higher court, government legislation or act of  parliament. Judicial Precedent tries to keep the law stable. Consistency through the court system is vital when trying to uphold the virtues of Fairness and Equality. The four key institutions of the European Union are the Council of Ministers, European Parliament, European Court of Justice and the European Commission. Each of these institutions has a representative from each member nation to allow a voice from each of the member states. The European Commission along with the Council of Ministers can change and amend laws within the European states. The Commission, unlike The Council of Ministers, has the power to change Regulations and issue Directives (these are orders passed by the European Commission or The Council of Ministers to ensure legislation is implemented within all the member states). If a state, company or persons break or do not comply with European law then it is the European Commission who will raise a court action against those who are not complying. The Council of Ministers is the legislative body of the EU. They are head of decision making and law/regulation introduction in the EU. They are the most powerful of all the institutions in Europe. Although the Council has the highest power there are still areas of legislation that the Council cannot pass with the advisory input of the European Parliament. The European Parliament is to advise and make recommendations to the Council of Ministers in various areas of legislation. They will review any piece of legislation or directive and give their opinions on the matter. If the Commission does not implement the recommendations of the Parliament then they must advise why they have not done so. The Parliament cannot change, implement or make European law and are there solely as an advisory Parliament. The European Court of Justice is the highest court within the European states on Community law (laws that have been issued by the Commission or Council of Ministers). If a state, company or persons fail to abide by the regulations  and directives issued by the Commission then it is the Court of Justice responsibility to ensure the law is observed. The Commission will initiate the proceedings and allow the member state an opportunity to defend itself against the complaint. If that process does not result in the breach being rectified the action will then go to the Courts of Justice. There are two main types of European Legislation. They are Directive & Regulation. 1. Directive legislation allows the European Commission to give a timescale for a piece to legislation to be introduced. Directives are issued to ensure that law is common throughout the European Countries. They keep the peoples equality to fairness and equality protected throughout the member states. If a country does not adhere to these directives sanctions can be issued. 2. Regulation Legislation is required in an emergency situation or crisis. They must be acted upon immediately by the state that the order is against. An example of this would be the BSE crisis in the 90’s when an immediate ban was put on the importing and exporting of beef from the UK. All member states had to adhere to this regulation to ensure that British beef stocks did not contaminate the other member states beef stock.

Saturday, January 4, 2020

25th Amendment History, Relevance, and Succession

The 25th Amendment to the Constitution established the orderly transfer of power and process for  replacing the president and vice president of the United States in the event they die in office, quit, are removed by  impeachment  or become physically or mentally unable to serve. The 25th Amendment was ratified in 1967 following the chaos surrounding the assassination of President John F. Kennedy. Part of the amendment allows for the forceful removal of a president outside of the constitutional impeachment process, a complex procedure that has been the subject of debate amid the controversial presidency of Donald Trump. Scholars believe the provisions for the removal of a president in the 25th Amendment relate to physical incapacitation and not mental or cognitive disabilities. Indeed, the transfer of power from president to vice president has occurred several times using the 25th Amendment. The 25th Amendment has never been used to forcefully remove a president from office, but it has been invoked following the resignation of a president amid the most high-profile political scandal in modern history.   What the 25th Amendment Does The 25th Amendment sets forth provisions for  the transfer of executive power to the vice president should the president become unable to serve. If the president is only temporarily unable to carry out his duties, his power remains with the vice president until the president notifies Congress in writing that he is able to resume the duties of the office. If the president is permanently unable to carry out his duties, the vice president steps into the role and another person is chosen to fill the vice presidency. Section 4 of the 25th Amendment allows for the removal of a president by Congress through the use of a written declaration that the President is unable to discharge the powers and duties of his office. For a president to be removed under the 25th Amendment, the vice president and a majority of the presidents cabinet would have to deem the president unfit to serve. This section of the 25th Amendment, unlike the others, has never been invoked. History of the 25th Amendment The 25th Amendment was ratified in 1967, but the nations leaders had begun talking about the need for clarity on the transfer of power decades  earlier. The Constitution was vague on the procedure for elevated a vice president into the presidency in the event the commander-in-chief died or resigned. According to the National Constitution Center: This oversight became apparent in 1841, when the newly elected president, William Henry Harrison, died about a  month after becoming President. Vice President John Tyler, in a bold move, settled the political debate about succession. ... In the following  years, presidential successions happened after the deaths of six presidents, and there were two cases where the offices of president and vice president almost became vacant at the same time. The Tyler precedent stood fast in these transition periods. Clarifying the process of transfer of power became of paramount importance amid the Cold War and the illnesses suffered by President Dwight Eisenhower 1950s. Congress began debating the possibility of a constitutional amendment in 1963. The NCC continues: The influential Senator Estes Kefauver had started the amendment effort during the Eisenhower era, and he renewed it in 1963. Kefauver died in August 1963 after suffering a heart attack on the Senate floor. With Kennedy’s unexpected death, the need for a clear way to determine presidential succession, especially with the new reality of the Cold War and its frightening technologies, forced Congress into action. The new President, Lyndon Johnson, had known health issues, and the next two people in line for the presidency were 71-year-old John McCormack (the Speaker of the House) and Senate Pro Tempore Carl Hayden, who was 86 years old. Sen. Birch Bayh, a Democrat from Indiana who served during the 1960s and 1970s, is considered the principal architect of the 25th Amendment. He served as chairman of the  Senate Judiciary Subcommittee on the Constitution and Civil Justice  and was the leading voice in exposing and repairing flaws in the Constitutions provisions for an orderly transfer of power after Kennedys assassination. Bayh drafted and introduced the language that would become the 25th Amendment on January 6, 1965. The 25th Amendment was ratified in 1967, four years after Kennedys assassination. The confusion and crises of JFKs 1963 slaying laid bare the need for a smooth and clear transition of power. Lyndon B. Johnson, who became president after Kennedys death, served 14 months without a vice president because there was no process by which the position was to be filled.   Use of the 25th Amendment The 25th Amendment has been used six times, three of which came during President Richard M. Nixons administration and the fallout from the Watergate scandal. Vice President Gerald Ford became president following Nixons resignation in 1974, and New York Gov. Nelson Rockefeller became vice president under the transfer of power provisions sets forth in the 25th Amendment. Earlier, in 1973, Ford was tapped by Nixon to be vice president after Spiro Agnew resigned the post. Two vice presidents temporarily served as president when commanders-in-chief underwent medical treatment and were physically unable to serve in office.   Vice President Dick Cheney twice assumed the duties of President George W. Bush. The first time was in June 2002 when Bush underwent a colonoscopy. The second time was in July 2007 when the president had the same procedure. Cheney assumed the presidency under the 25th Amendment for little more than two hours in each instance. Vice President George H.W. Bush assumed the duties of President Ronald Reagan in July 1985, when the president had surgery for colon cancer. There was no attempt, however, to transfer power from Reagan to Bush in 1981 when Reagan was shot and was undergoing emergency surgery.   Criticism of the 25th Amendment Critics have claimed over the years that the 25th Amendment does not establish a process for determining when a president is physically or mentally unable to continue serving as president. Some, including former President Jimmy Carter, have pushed for the creation of a panel of physicians to routinely evaluate the most powerful politician in the free world and decide whether their judgment was clouded by a mental disability. Bayh, the architect of the 25th Amendment, has called such proposals wrong-headed. Though well-meaning, this is an ill-conceived idea, Bayh wrote in 1995. The key question is who determines if a President is unable to perform his duties? The amendment states that if the President is able to do so, he may declare his own disability; otherwise, it is up to the Vice President and Cabinet. Congress can step in if the White House is divided. Continued Bayh: Yes, the best medical minds should be available to the President, but the White House physician has primary responsibility for the Presidents health and can advise the Vice President and Cabinet quickly in an emergency. He or she can observe the President every day; an outside panel of experts wouldnt have that experience. And many doctors agree that it is impossible to diagnose by committee. ... Besides, as Dwight D. Eisenhower said, the determination of Presidential disability is really a political question. 25th Amendment in the Trump  Era Presidents who have not committed high crimes and misdemeanors and are therefore not subject to impeach can still be removed from office under certain provisions of the Constitution. The 25th Amendment is the means by which that would happen, and the clause was invoked by critics of President Donald Trumps erratic behavior in 2017  as a way of removing him from the White House during a tumultuous first year in office. Veteran political analysts, though, describe the 25th Amendment as an unwieldy, arcane and ambiguous process abounding in uncertainties that would not likely result in success in the modern political era, when partisan loyalty trumps many other concerns. Actually invoking it would require  Trumps own vice president and his cabinet to turn against him. That just isn’t going to happen, wrote political scientists G. Terry Madonna and Michael Young in July 2017. Ross Douthat, a prominent conservative and columnist, argued that the 25th Amendment was precisely the tool that should be used against Trump. According to Douthat in the New York Times in May 2017: The Trump situation is not exactly the sort that the amendment’s Cold War-era designers were envisioning. He has not endured an assassination attempt or suffered a stroke or fallen prey to Alzheimer’s. But his incapacity to really govern, to truly execute the serious duties that fall to him to carry out, is nevertheless testified to daily — not by his enemies or external critics, but by precisely the men and women whom the Constitution asks to stand in judgment on him, the men and women who serve around him in the White House and the cabinet. A group of Democratic congressmen led by Rep. Jamie Raskin of Maryland sought passage of a bill that was aimed at  using the 25th Amendment to remove Trump. The legislation would have created an 11-member Oversight Commission on Presidential Capacity to medically examine the president and evaluate his mental and physical faculties. The idea of conducting such an examination is not new. Former President Jimmy Carter  suggested the creation of a panel of doctors decide on the presidents fitness. Raskins legislation was designed to take advantage of a provision in the 25th Amendment that allows for a body of Congress to declare that a president is unable to discharge the powers and duties of his office. Said one co-sponsor of the bill: Given Donald Trumps continued erratic and baffling behavior, is it any wonder why we need to pursue this legislation? The mental and physical health of the leader of the United States and the free world is a matter of great public concern. Resources and Further Reading Bayh, Birch. â€Å"The White House Safety Net.† Opinion, The New York Times, 8 Apr. 1995.Douthat, Ross. â€Å"The 25th Amendment Solution for Removing Trump.† Opinion, The New York Times, 17 May 2017.Madonna, G. Terry, and Michael Young. â€Å"The Impeachment Referendum.† The Indiana Gazette, 30 July 2017, pp. A-7.NCC Staff. â€Å"How a National Tragedy Led to the 25th Amendment.† Constitution Daily, National Constitution Center, 10 Feb. 2019.