Friday, January 31, 2020
Socrates, Body and Soul Essay Example for Free
Socrates, Body and Soul Essay In the first part of the Phaedo, Socrates lays out his theory regarding the immortality of the soul. Near the end of this part he breaks down the body and soul and shows us that they are very different in permanence and structure. The body and soul, which are are interlinked when alive and separated at death, are fundamentally different constructs. The dichotomy here is expressed through the argument as opposites of composition, ideal forms, solidity, spirituality, and visibility. Socrates opens the overall discussion at 64c by defining death as separation of the soul from the body while the argument regarding the duality of body and soul is picked up again at the end of 78b with the major premise being whether or not the soul is something that can be scattered. Socrates continues by stating that anything that is non-composite will likely stay in one piece over time, while composite or compound items will eventually break down into individual parts. Furthermore, composite objects are subject to change and ââ¬Å"vary from one time to anotherâ⬠(78c) with things that are static likely being non-composite in nature. Socrates now elects to pull in the invisible perfect forms that are the ideals of the corporeal existence. ââ¬Å"The Equal itself, the Beautiful itself, each thing in itself, the real â⬠¦ remain the same and never in any way tolerate any change whatever. â⬠(78d) This is a continuation of a previous line of reasoning that starts at 65d with the introduction of the pure concepts that are partially enumerated as the Beautiful, the Just, and the Good and culminating with the realization that perfect knowledge of these can only be obtained with a total disconnect of the soul from the body. The perfect forms presented are actually assumptions that serve to further the argument along. Our direct existence allows us to experience the particulars of the beautiful such as ââ¬Å"men, horses, clothes, or other such things â⬠¦ and all those which bear the same name as the others. â⬠(78e) These particulars help to form our day to day experience and are always in a constant state of flux with relation to themselves or each other. Socrates goes on to posit that those that are static in nature can be grasped only directly by the mind and are among the invisible. Furthermore, we are to assume that the classes of visible and invisible exist and are real and that the visible is in constant change and the invisible is static in nature. Socrates then establishes the visible and invisible existences and states that the visible is in constant change, while the invisible in absolutely never changes. The argument is further refined at 79c by defining the body and soul as parts that can be split into two separate entities with the body being visible and the soul invisible. Now, at the bottom of 79c, the soul is described as being ââ¬Å"dragged by the body to the things that are never the same, and the soul itself strays and is confused and dizzy as if it were drunk, in so far as it is in contact with that kind of thing. â⬠This is a continuation of the argument near 66a, whereby ââ¬Å"the body confuses the soul and does not allow it to acquire truth and wisdom whenever it is associated with it. â⬠In 79d, Socrates tells us that the soul is akin to the ââ¬Å"pure, ever existing, immortal, and unchanging. â⬠When investigation is done by the soul itself, it enters the spiritual realm and ââ¬Å"will cease straying and only then will it experience wisdom. The logical conclusion of this argument is that ââ¬Å"the soul is altogether more like that which always exists in the same state rather than like that which does not. â⬠(79e) The argument proceeds to lay out the notions of the nature of the divine and the mortal as that of to lead and to follow. Next the body is posited to resemble most closely the mortal and the soul the divine. To summarize the argument , at 80b, Socrates said ââ¬Å"that the soul is most like the divine, deathless, intelligible, uniform, indissoluble, always the same as itself, whereas the body is most like that which is human, mortal, mustiform. Unintelligible, soluble and never consistently the same. â⬠Based on this Socratean argument, the body and soul are fundamentally different constructs. Their properties are diametrically opposite to each other, with the soul being immortal, unchangeable and non-composite. On the other hand, the body is mortal, changeable, and a composite structure. It has been shown that composites really has a risk of blowing away after death, while the soul does not. References Morito, Bruce (2000). Introduction to Philosophy West and East, Study Guide. Athabasca: Athabasca University. Grube, G. M. A. (1977). Plato Phaedo (translation). Indianapolis, Indiana: Hacket Publishing Company, Inc.
Thursday, January 23, 2020
Robert Frost: Iceman for the Ages :: essays research papers
Robert Frost is often known as one of the greatest American poets of all time. Although he is sometimes remembered as hateful and mean spirited, his life was filled with highs and lows. These differentiating periods are represented throughout his poetry. Frost once said that ââ¬Å"A poem begins in delight, and ends in wisdom.â⬠As can be seen, this quote not only reflected his poetry, but his life. Though many years of his life were troubled by misfortune, Frost always seemed to persevere. Robert Frost was a talented, thoughtful poet whose life was filled with complexity and tragedy (brainyquote.com). Robert Lee Frost began life in San Francisco on March 26, 1874. For an unknown reason, Frost believed for years that he was actually born in 1875. When Frostââ¬â¢s father died in 1885 his mother decided to move closer to her wealthy parents in Massachusetts. In California, Frost had dropped out of kindergarten after one day, and upon returning to the first grade, also dropped out. This was no deterrent on Frost to attend college. He was accepted to Harvard but instead attended Dartmouth because of his financial situation. Even though Frost found the school to be anything but challenging, he would not finish his time at Dartmouth, nor earn any formal degree in a school (Bengtsson). He once said of schooling that ââ¬Å"Education is hanging around until youââ¬â¢ve caught on.â⬠Interestingly enough, Robert Frost held several postions at credible schools, including Amherst and Harvard. Also, Frost was awarded an incredible amount of honorary degrees from Berkley to Yale (Parin i 59). Frosts careers also ranged from editing for Henry Holt to raising poultry on his Derry, New Hampshire farm. Robert Frost is undoubtedly gifted when it comes to his poetry, but not all aspects of his life were so easy. One of the most troubling areas in Frostââ¬â¢s life was his family. He held a long term engagement to his wife Elinor, whom he pleaded to marry. Also, his children were plagued with birth defects, terminal illness, and emotional instability. The Frosts lost four of their children at an early age, including daughter Elinor Bettina who died three days after birth. In 1938, after months of deteriorating health, Frostââ¬â¢s wife Elinor died of heart failure. Frost was so shaken that he collapsed and could not attend the memorial services. Later, in 1940, Frost was utterly disturbed by his son Carolââ¬â¢s suicide.
Wednesday, January 15, 2020
Equity law in New South Wales Essay
The Legal system in Australia follows the laws that were placed by the British as they fused most of their cultures and traditions on the people when they colonized the aboriginals. Since in England the laws of equity were mostly used together with the common law, then it was certain that they would use the same equity rules in NSW. Enacting these laws on a new country and state was not easy as the people were opposed to the idea of following English law. They viewed this as an unfair practice as they were governing their land and every aspect of their lives and on top of it they were going to impose their judicial systems. With time, they were overpowered by the British but with time; they saw sense in the laws that were being passed. The laws of England were thus enacted to be used in the judicial systems across Australia and this included New South Wales. Equity was one of the laws that were used in England to supplement the common laws that governed the land. Equity is as much important in New South Wales as it still is in England because it has helped in shaping the judicial system. The first courts in New South Wales (NSW) were adaptive to the needs of the society and were more so military in character. There was no formal process of proceedings and the powers of the governor were restricted. As time elapsed, the Supreme Court came to being to solve criminal and civil cases just as the way the Kingââ¬â¢s Bench operated in England. The equity law was going to bring about order in a system that was not fair to some people and they were simply going to add positive laws that would ensure that NSW laws were stronger, more practicable and could give varied solutions to the various problems in place. Equity law in most Australian states was administered since early times by the Supreme Court. Most states followed the judicature system where the both the common and equitable lawsuits were heard in the same court. New South Wales started incorporating the equity law in to its legal system in 1972 where specialistsââ¬â¢ practitioners who mastered the law oversaw the proceedings which are still followed till today. This has increased the popularity of the equity law which has enabled the development and enhancements of the common law doctrines. Equity law is made on the fundamental principle of enhancing equitable in legal issues . The study of the equity law principles as used in England has really helped in the restructuring law procedures and making them simpler for the law enforcers as well as the parties involved to understand. One of the areas that the equity law has improved on in NSW is the contract law. The contract law has its foundations on the English common law practices with a few modifications in specific areas. The contract laws as used in the state are also made upon the various bids that have been passed in the Australian parliament. Equity has helped in the formation of contract law and the procedures that need to be followed when a particular party breaches the contract. The laws formed are what are mostly used to govern trade transactions local, regional and international and employment contracts under the labour laws. In solving contact cases, the NSW courts, they usually look at how several cases were or are still handled in England courts such as in their court of appeals, Kings Bench, House of Lords UK and Courts of Common Pleas UK among other courts so that they can apply the same principles. Most of New South Wales acts had provisions to give relief against some contract obligations and sometimes to reform the contracts. That is why over the century there have been contractual reforms to give freedom to the contract theory that sometimes would dent interference in other forms of laws. Equity therefore has played a major part in unjust enrichment and restitution of the law. Property laws also follow equitable principles in New South Wales. This is taken from how in England there was a need for people were supposed to be returned to the original positions they were in before damage or loss of property took place. Equity therefore, offers practicable terms of solving lawsuit cases. For example, when a person takes someoneââ¬â¢s property and they do not return it. The owner filing the case would like to have it back instead of just being compensated in monetary terms. This is in contract to the common law system which will only make sure that the plaintiff is paid in replace for the property. Therefore, equity is not achieved in this case. This is applicable in the way property laws have been developed in NSW where in 1987 the Residential tenancies Act was placed giving certain rights to the owners of land or property and their tenants. This was in the form of an agreement that made sure that the tenants were not charged high rents and landlords gained from the rent they received. An Act for combining certain laws relating to land title deeds and assignments was enacted in 1898 in NSW. The Real Property Act was an improvement of the 1898 laws that made legal provisions for the transfer of land and their titles. In 1919, the Conveyancing act was made to combine the property laws and enhance conveyancing and other acts that influenced it. In 1994, the Retail Leases Act was used to add onto the property laws so as to create formal laws that aided leasing of retail shops while stating the rights of the lessors and lessees. Equity was established in the corporationsââ¬â¢ law and was used in England to govern and address the various problems that business entities faced. Some of the underlying principles that were used are seen in the way corporation cases are solved in the NSW; for instance, in the termination of business practices like partnerships and mergers and the amount of compensation that either party is supposed to receive. Nowadays, the equity law in New South Wales is enforced under the Law Reform (Law and Equity) Act of 1972. It is here that the rules of equity and also the law are listed and in case there are conflicts, just as before, the equity rules prevail. This act is continually amended by the State governor as need arises. The laws of England are therefore necessary in New South Wales because it is essentially an English state. The Supreme Court in NSW which is the highest level of court in the state handles both civil and criminal cases and follows the equity law. In mid 19th century, the colonialists in this case the British used a lot of the equity law in passing judgments and they even went further to pass the Colonial Legislature Act and the Justice Act which led to the establishment of the Equity law system. In NSW, the equity law is all about fairness. The equity principles are still being used in amending some of the constitutional laws that apply to the rest of the country and are also applicable to the state. The equity law system is important in NSW as it gives the judge the power to make valid decisions and pass sentences based on evidence as well as use morally agreed practices that will ensure that the plaintiff and defendant have been given an equal opportunity to defend themselves. One area that equity law is been use in is in the recovery of debts which are mainly faced by in national and also international trade transactions. Here, it states what actions are taken for people w ho breach contracts, the rights to own property as well as problems that face various business organizations like partnerships, corporations and trusts. From seeing how the equity law has helped in the administration of justice, we see that there is more to just learning the rules that are used in equity law but there is also a need to understand the history because the laws are developed as time, events and the context in which they are applied change. It is important to study the history of the law though found in a foreign country as it enables legal practitioners and law students to understand its formation and why equality is such a common area of discussion. Moreover, reading about the history as it is applicable in England enables NSW legal makers to know how similar cases can be solved in the state and even define new ways of solving legal issues thus strengthening the equity law. Conclusion Equity in New South Wales has changed in time and distance but this system of law has borrowed a lot from legal practices that are used in England. As the State becomes politically independent, it has developed its own laws that are used to decide over cases but they still take into consideration the common law practices and equity principles. These laws have enabled proper governance and the administration of justice as the equity laws have enabled individuals to defend their rights, own property, enter into proper formal transactions and continually amend the laws for the good off all New South Welsers. Equity law in NSW is therefore backed by a strong history and revolution that makes it practicable in law thus enhancing the perfection of modern equity. References Abel, R. L. & Lewis P. C Lawyers in Society: The Common Law World, Beard Books, 1988 p. 265 Comyns, J. , Hammond, A. & Day T. A Digest of the Laws of England, 5th Ed. Collins & Hannay, 1826 p. 405 Cope, M. & Queensland University of Technology. Equity: issues and trends: the importance and pervasiveness of equitable doctrines and principles in modern private, commercial, and public law. Federation Press, 1995 p. 156 Gilbert, G. & Great Britain Court of Kingââ¬â¢s Bench. Cases in Law and Equity: Argued, Debated and Adjudged in the Kingââ¬â¢s Bench and Chancery, in the Twelfth and Thirteenth Years of Queen Anne. Catherine Lintot, 1760 p. 27, 53 Great Britain Courts & Leach T. Modern reports; or, Select cases adjudged in the courts of Kingââ¬â¢s bench, Chancery, Common pleas, and Exchequer â⬠¦ : 1663-1755, 5th Ed. G. G. J. and J. Robinson, 1796 Hale, M. & Gray C. M. The history of the common law of England, 3rd Ed. University of Chicago Press, 1971 Kercher B. Debt, seduction and other disasters: the birth of civil law in convict New South Wales Federation Press, 1996 Navado lawyers and solicitors: Strategic solutions, dynamic people. http://www. navado. com. au/Practice-Areas/Equity-Law-Trusts-Law/ Retrieved on April 6, 2009 Neal D. The Rule of Law in a Penal Colony: Law and Politics in Early New South Wales Cambridge University Press, 2002 p. 75
Monday, January 6, 2020
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