Friday, January 24, 2020
Essay --
In my opinion I ranked the seven social sciences according to what I believed it was important and has the most influence on the people in a modern society. My first ranked for the seven social sciences is Psychology then Sociology, Political science, History, Economics, Anthropology and last Geography. Geography is the study of the physical features of the earth and its atmosphere, and of human activity as it affects and is affected by it, including the distribution of populations and resources, land use, and industries. Environmental influences, such as cost, changing weather, climate patterns, their potential impacts, and the threat of spreading diseases, are of increasing concern. Geography allows us to participate and enjoy our planet. It gives us a sense of reference to where we live and where we may be going in relationship to where we have been, and the appreciation of the world we live in. Anthropology is the study of human kind and culture, everybody wants to know where and how humans came to be. Our daily lives such as family, friends, co-workers and the under...
Wednesday, January 15, 2020
Judicial Method: Activism vs Formalism
ââ¬ËJudicial Method: activism versus formalismââ¬â¢ A new era has emerged from the societal and legal changes that have occurred in Australia. The age of Judicial activism has taken over the more traditional method of judicial formalism. Supporters of the latterââ¬â¢s concerns that it promotes power without responsibility, and blurs the separation of powers, however the supporters of the former agree that inevitable changes in society force the judiciary to acknowledge that judicial formalism is a method that is not completely obsolete, but takes is less of a primary concern as it were, compared to other factors that effect a case. Those who are in favour of judicial activism argue that social change has increased the need for legal change and judges need to be able to make decisions considering external factors and using processes other than the law that make judicial method more subjective, adhering to legislation and legal policy but giving more significant acknowledgement to situational factors. The Honourable Michael Kirbyââ¬â¢s pro-activism article centers around the view that judicial method must divert from the traditional method of legalism that Justice Kirby defines as ââ¬Å"strict logic and high techniqueâ⬠. It starts by outlining the need for the judiciary to make this transition into judicial activism due to societal changes, where strict legalism is put under pressure. Justice Kirby then goes on to explain that the method of judicial activism should not be abused by the judges, where it should ââ¬Å"be anchored in legal authorityâ⬠and be ââ¬Å"neither wholly mechanical or excessively creativeâ⬠. He describes that ââ¬Å"restraintâ⬠be used when using judicial activism to ensure that a total ignorance of the written law does not occur . A similar article about pro-activism by Michael Coper agrees that the ââ¬Å"phenomenon of social changeâ⬠¦. has accelerated the rate of legal changeâ⬠and put a ââ¬Å"pressure on concepts like ââ¬Ëstrict logic and high technique ââ¬â¢, thus supporting the viewpoint that judicial activism is a reaction to social change. Another article by Frank Carrigan praises Justice Kirbyââ¬â¢s use of judicial activism directly, outlining this by comparing Justice Kirbyââ¬â¢s methods with Gava, a strong believer in the Dixonian theory of legalism. It explains that even Chief Justice Dixon J, considered to be a leader in the legal formalism movement, used contradictory methods of judgment, promoting legalism but applying judicial activism . This is evidence that change to judicial activism is inevitable as societal changes occur. Pertaining to the other articles, however, there are some shortfalls in Justice Kirbyââ¬â¢s article that must be addressed. Firstly, the article does outline that certain ââ¬Å"restraintâ⬠must be used when applying judicial activism in the process for a judgment. However, exactly how this restraint will be measured, or the factors to be considered in which a judgeââ¬â¢s judicial method is considered to cross these boundaries are not mentioned in his article. He also fails to describe the consequences of the divergence of judicial formalism, that a failure of the independent judges to keep external factors other than the legal text as impartial dynamics rather than personal ones would result in a cataclysmic failure to achieve justice. A loss in consistency would result in a loss in public confidence in the judicial system. Also, Justice Kirbyââ¬â¢s proposal of a more transparent judgment, where the judicial method and processes used to achieve a judgment is open to the general public for critique, may be a technique in which to make sure that a judge does not overstep the restraints, but by openly presenting the judicial method and decision process of a controversial judgment for critique to a society that is already critical of the judicial system may backfire and result in a further loss of public confidence instead of building credibility. Contrasting against Justice Kirbyââ¬â¢s heavily biased pro-activism article, is Justice Heydonââ¬â¢s article that describes the absolute need for adherence and paramount importance to the impartial application of the legal text. Justice Heydonââ¬â¢s article clearly outlines what Justice Kirbyââ¬â¢s article does not, the downfalls of having a judiciary use judicial activism. Justice Heydon points out that by allowing judges to use judicial activism, it ââ¬Å"tends to the destruction of the rule of lawâ⬠by impairing two qualities that are expected of a judge, a ââ¬Å"firm grip on the applicable law [and]â⬠¦total probity. The article continues to state that there is a blurring of the separation of powers, and this becomes a problem as the facility for a legislature to make laws compared to that of a judge results in concerns about the clarity, inconsistency, decisiveness and retrospectivity of the laws that are changed or made by the judiciary. Justice Heydon pro poses that it is not primarily the function of the judiciary to create and change laws, that it should be a limited amount, limited to the legislature, and that the failure to adhere to judicial formalism or legalism would result in failures in various areas of the application of law . John Gavaââ¬â¢s article adds to the need for strict legalism, by indicating that human error in judges can create issues in consistency, and that with a ââ¬Å"state of mindâ⬠the is of legalism, a more ââ¬Å"institutional mindsetâ⬠can be achieved that relies more on a collective wisdom which create decision that conform, rather than those that are more individualized when judicial activism is applied . Owen Dixonââ¬â¢s article further outlines a deeper issue at hand with the abandonment of judicial formalism, the loss of the ability to develop legal principle. It states that there was a ââ¬Å"attempt to develop the law as a scienceâ⬠which would not be possible by neglecting the very ââ¬Å"strict logic and high techniqueâ⬠that is constantly used to describe legalism . As with any legalistic paradigm or state of mind, it is inherent that there will be a pro to a con, an advantage to a disadvantage. According to these articles it is clear that the more common emergence of activism is due mainly to societal change, and the resurrection of formalism has occurred due to concern for the drawbacks that takes place with activism, and rightly so. The former three pro-activism articles and the latter three pro-legalism/formalism articles compliment each other in revealing the advantages and flaws of both judicial methods. After the analyses of these articles, it is apparent that an appropriate balance between the two judicial methods be maintained, always changing, according to the change in Australiaââ¬â¢s society. Bibliography Justice j D Heydon, Judicial activism and the death of the rule of law, (2003), 23 Aust Bar Rev 110 John Gava, ANOTHER BLAST FROM THE PAST OR WHY THE LEFT SHOULD EMBRACE STRICT LEGALISM: A REPLY TO FRANK CARRIGAN, (2003) 27 Melb U. L. Rev. 188 The Right Honourable Sir Owen Dixon, G. C. M. G, Concerning Judicial Method, (1956) 29 The Australian Law Journal 469
Tuesday, January 7, 2020
Sir Isaac Newtons Law Of Universal Gravitation Essay
Gravity if one of the four fundamental forces in the universe. Though the fundamental principles of it eluded scientists until Sir Isaac Newton was able to mathematically describe it in 1687 (Eddington 93). Gravity plays a serious part in everyday actions as it keeps everything on the ground; without gravity everything would be immobile unless a force was applied (then it would move infinitely because there would be no force to stop it). nbsp;nbsp;nbsp;nbsp;nbsp;Perhaps, the best place to start then would be with such a simple item as an apple (after all it is what quot;sparkedquot; Newtons creativity). The apple is one of the two curiosities (the other being the moon) that led Newton to discover The Law of Universalâ⬠¦show more contentâ⬠¦So the force of the earth pulling the apple to the ground is proportionally the same as the force the apple exerts back on the earth. nbsp;nbsp;nbsp;nbsp;nbsp;Now Johannes Kepler lived some forty-five years before Isaac Newton. And he showed that the orbits of the planets in our solar system were elliptical. When the time of Newton came around he mathematically proved that, if Keplers First Law was true, then the force on a planet varied inversely with the square of the distance between the planet and the sun. He did this using Keplers Third Law (Zitzewitz 160). The distance in this formula is from the center of the masses and is the average distance over their entire period. It is also important to note that the force acted in the direction of this line (an important factor when dealing with vectors) (Zitzewitz 160). nbsp;nbsp;nbsp;nbsp;nbsp;Newton, confident that his idea of all objects exerting a force back on Earth, devised a formula for Universal Gravitation. It is important to note that Newton was not the first to think of Universal Gravitation, he was just the first one to make considerable and remarkable proofs for it based on mathematical explanations. He said that if force is relative to the mass of an object and its acceleration then the force between two objects must also be the same. Thus he came up with the first part of the equation. Also, as he had provedShow MoreRelatedSir Isaac Newton was one of the greatest physicist and mathematicians of all time. He was born in1600 Words à |à 7 PagesSir Isaac Newton was one of the greatest physicist and mathematicians of all time. He was born in England on December 25, 1642 on Christmas. He died at the age of eighty four on March 20, 1727. Newton was never married and never had any children. Though he did have three siblings from his motherââ¬â¢s second marriage. 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