Vietnam war Essay Example | Topics and Well Written Essays - 250 words

Vietnam war - Essay Example The North Vietnamese forces were supported by the Soviet Union by sending military supplies through its own proxy, communist China. The South Vietnamese were initially supported by the Americans by sending its military advisers but eventually the Americans got involved in the war by fighting directly themselves. The root cause of the Vietnam War is the American belief in the â€Å"domino theory† chain reaction which posits the idea that communism was spreading in Southeast Asia and soon the countries in the region will fall into the communist bloc if America will not intervene forcefully to stop it.1 The result of the Vietnam War was adverse for the United States of America as it lost in a war fought on military terms which was fought mostly as a non-conventional or guerrilla war. It marked the decline of American superpower status as it was defeated by a third-world country. America entered an isolationist and pacifist period as there was a strong anti-war public opinion or sentiment against starting new wars that cost thousands of American lives in foreign lands.2 In retrospect, the Vietnam War made Americans wary of military adventurism

Are Voltaire's and Goethe's social criticisms responsible for their Term Paper

Are Voltaire's and Goethe's social criticisms responsible for their protagonists' different ends - Term Paper Example The overview of these stories will provide some striking similarities in authors approach to magnify the evil elements of the society. Both protagonists had an ongoing journey of pain and agony which was the product of their personal believes and notions clashing with that of the society. As Voltaire pictures the horrific outcome of war: After passing over heaps of dead or dying men, the first place he came to was a neighboring village, in the Abarian territories, which had been burned to the ground by the Bulgarians, agreeably to the laws of war. Here lay a number of old men covered with wounds, who beheld their wives dying with their throats cut, and hugging their children to their breasts, all stained with blood. There several young virgins, whose bodies had been ripped open, after they had satisfied the natural necessities of the Bulgarian heroes, breathed their last; while others, half-burned in the flames, begged to be dispatched out of the world. The ground about them was covered with the brains, arms, and legs of dead men† (Voltaire 10, 11). Candide tried to flee from the place as soon as possible reflecting his hatred for war and to some extent his dissociation of emotions towards the victims. Here, Voltaire tried to highlight one of the dark sides of the society where woman were brutally victimized and used as a source to satiate the animal hunger of human flesh. Even the main characters of the novel Cunegonde, the old woman and Paquette were raped or made sex slaves. Moreover he criticized the psychology of the army men who proudly kills innocent people and quench their animal thirsts by sarcastically entitling them as ‘heroes’. Similar incidence happened in the other novel when Werther showed grieve over the heartache of country lad who tried to rape her mistress though he loved her so much. Goethe’s character also questioned the dim line between love and lust which

Secret trusts in Blackwell v Blackwell

Secret trusts in Blackwell v Blackwell For the prevention of fraud equity fastens on the conscience of the legatee a trust which would otherwise be inoperative: in other words, it makes him do what the will has nothing to do with, it lets him take what the will gives him, and then makes him apply it as the Court of Conscience directs, and it does so in order to give effect to the wishes of the testator, which would not otherwise be effectual per Viscount Sumner in Blackwell v Blackwell [1929] A.C. 318, 335. Discuss this view explaining the practical and legal problems the approach creates, the nature of the fraud, and whether it is a sufficient justification for the acknowledgment of both fully secret and half secret trusts. Let us commence with a brief examination of the factual circumstances which occurred in this case: A testator, by a codicil, bequeathed a legacy of  £12, 000 to five persons ‘to apply for the purposes indicated by me to them. Prior to the execution of this codicil, the terms of the trust were communicated to the legatees and the trust was accepted by them. The beneficiaries were the testator’s mistress and her illegitimate son. The plaintiff sought from the courts a declaration that no such valid trust in favour of the objects had been created on the ground that parole evidence was inadmissible to establish such a trust. Approaching this factual situation as a probate lawyer, one would not be criticised for suggesting that the trusts in question were invalid for failure to comply with the formality requirements of s9 of the Wills Act 1837, which require a will, â€Å"or any other testamentary disposition†, to be in writing, signed by the testator and two witnesses. Viscount Sumner in Blackwell v Blackwell[1] however did find that these trusts were valid, in spite of this statute: The above excerpt, from the dicta of Viscount Sumner in Blackwell v Blackwell, argues that the enforcement of a semi-secret trust does not in fact contravene the aforesaid statutory provision. Viscount Sumner reasons that the trust in question is in fact created inter vivos, and as such operates outside of the will; the testator communicated the trust to the proposed trustees who accepted it, the trust becoming fully constituted upon execution of the will and transfer of the trust property to these trustees. In this way, he argues that enforcement of the trust is not due to the will document itself, rather the previous agreement made between the trustees and testator; secret trusts therefore operate outside of the will itself and as such are not subject to the formality requirements contained in s9 of the Wills Act 1837: the whole basis of secret trusts, as I understand it, is that they operate outside the will, changing nothing that is written in it, and allowing it to operate accor ding to its tenor, but then fastening a trust on to the property in the hands of the recipient.[2] Viscount Sumner therefore argues that the enforcement of semi-secret trusts should be governed by trust law and not through the rules of probate. This conclusion is certainly neat, and prima facie, does seem to satisfy the concerns of the probate lawyer, but if Viscount Sumner’s argument is to be accepted, and we are to submit to the notion that the applicable principles to be applied to the above facts lie within the sole jurisdiction of trust law, then surely we could expect that there would be a vast body of case law which we could rely upon to support his argument. The truth however is that, despite its beauteous simplicity, there are real legal problems in reconciling this theory with our orthodox principles of trust law; the permission of a trust, which purports to bind after-acquired property, is irreconcilable with the established trust law rule that it is impossible to declare an immediate trust of future property[3], or a trust which binds such property whenever in is received[4]. These are not minor concerns, nor the only concerns: Critchley[5] argues that this viewpoint is also flawed in that Viscount Sumner has confused the notions of â€Å"outside the will† with â€Å"outside the Wills Act†, incorrectly relying on the reasoning in the case of Cullen v Attorney General for Northern Ireland[6], which was a decision relating to tax statutes rather than to the formal requirements of the Wills Act, and was as such within an entirely different legal context On top of this, Pearce and Stevens[7] convincingly argue that the case of Re Maddock[8] is wholly inconsistent with Viscount Sumner’s view: In this case, a testatrix, by her will, left her residuary estate ‘absolutely’ to X whom she appointed one of her executors. By a subsequent memorandum communicated to X during her lifetime, she directed X to hold part of the residue upon trust for named beneficiaries. There were insufficient assets to pay the debts of the estate. The legal issue was whether or not the secret beneficiaries took their interest subject to the payment of the debts. Cozens-Hardy LJ argued that â€Å"†¦the so called trust does not affect property except by reason of a personal obligation binding the individual devisee or legatee. If he renounces or disclaims, or dies in the lifetime of the testator, the persons claiming under memorandum can take nothing against the heir at law or next of kin or residuary devisee or legatee.† Viscount Su mner’s reasoning however suggests that since the trustee takes as trustee on the face of the will, the trust should not fail in the ways suggested by Cozens-Hardy in the above dicta. The legal problems and inconsistencies with Viscount Sumner’s justification must lead us to the conclusion that such trusts cannot be accounted for under the rules of inter vivos trusts; we must therefore accept that their existence does in fact mark a departure from the Wills Act 1837. This does not mean that such a view is necessarily unjustified and outside the scope of Equity’s jurisdiction; after all, Equity is the ‘court of conscience’, and as the age old maxim states ‘Equity will not allow a statute to be used as an engine of fraud’. Therefore, if it can be demonstrated that the permission of semi-secret trusts is preventing such fraud, then, despite the legal problems and inconsistencies discussed above, we may still be able to find adequate justification for the existence of such trusts. As Vaughan Williams L.J. asserted, in the case of Re Pit Rivers [1902][9], â€Å"†¦the court will never give the go-by to the provisions of the Wills Act by enforcing any one testamentary disposition not expressed in the shape and form required by the Act, except in the prevention of fraud.† Clearly therefore, whether or not this justification will apply to any given case depends upon which definition of ‘fraud’ is subscribed to in that case. In McCormick v Grogan[10], the ‘fraud’ being protected was that of the secret trustee: it is only in clear cases of fraud that this doctrine has been appliedcases in which the Court has been persuaded that there has been a fraudulent inducement held out on the part of the apparent beneficiary in order to lead the testator to confide to him the duty which he so undertook to perform. The protection of this type of fraud has been held out, and confirmed in subsequent cases, to be the traditional justification for the existence of the doctrine of secret trusts. However, in the case of semi-secret trusts [such as the type of trust at issue in the case of Blackwell v Blackwell] such fraud is not possible; the face of the will makes it quite clear that the secret trustee is not to take the property beneficially, a nd should the contents of the trust be denied by that trustee, the property would return to the estate by way of resulting trust. And yet in cases involving half-secret trusts, we can still see the courts employing justification-arguments based on fraud. In such cases, a wider conception of ‘fraud’ has been employed; â€Å"it is not the personal fraud of the purported legatee, but a general fraud committed upon the testator and the beneficiaries by reason of the failure to observe the intentions of the former and of the destruction of the beneficial interests of the latter.† It was this argument put forward in the case of Riordan v Banon[11]: â€Å"it appears that it would also be a fraud though the result would be to defeat the expressed intention for the benefit of the heir, next of kin or residuary donee,† and it was this passage which was cited by Hall V.C. in the case of Re Fleetwood[12], a case which was relied upon by Viscount Sumner in the formulation of his judgement: â€Å"It seems to me that, apart from legislation, the application of the principle of Equity in Fleetwood’s case†¦ was logical, and was justified by the same considerations as in cases of fraud and absolute gifts. Why should equity forbid an honest trustee to give effect to his promise, made to a deceased testator, and compel him to pay another legatee, about whom it is quite certain that the testator did not mean to make him the object of his bounty?† Challinor[13] argues that the ‘fraud theory’ has been extended in an artificial way in order to encompass a justification of half-secret trusts and the modern case law. A huge flaw exists in making such an extension; she argues that equity’s willingness to respect a testator’s wishes where that testator has not met the formality requirements as stipulated by s9 of the Wills Act is inconsistent with its approach to other commonplace situations in which a testators wishes are not respected by Equity in the same way: for example, â€Å"purported beneficiaries under ineffective wills are routinely deprived of property which testators or settlers would desire them to have, simply because wills and trusts have not been put into effect in the proper manner.† She argues that the traditional equitable maxim that â€Å"equity will not permit a statute to be used as an engine of fraud† must be adapted to something more like â€Å"equity will not allow a statute to be used so as to renege on a promise† if it is to fit within the situations envisaged in Blackwell v Blackwell. The effect of such a mild form of fraud theory is to shift the focus â€Å"onto potential, rather than actual, wrongdoing†¦ the policy aim underlying it is thus proactive (or preventative) rather than reactive (or curative).† In conclusion therefore, Viscount Sumner’s view as to the enforcement of secret and semi-secret trusts is one which creates a number of practical problems. It gives testators a valid reason for not observing the statutory formalities normally applicable in making a will. These statutory formalities are in place for the very purpose of preventing personal fraud, and in light of this, it seems odd that Viscount Sumner should support a view which in itself gives testators the option of bypassing these precautions and thus increasing their risks to such fraud, especially in light of the fact that the underlying justification in his viewpoint is one of ensuring that the testator’s true intentions are honoured. I must therefore conclude that in light of its legal problems and inconsistencies, the artificial nature of the ‘fraud’ it seeks to prevent, the practical problems which arise as a result of acknowledging such trusts, the view expressed by Viscount Sumner in the case of Blackwell v Blackwell does not provide a sufficient justification for the acknowledgment of both fully secret and half secret trusts. Bibliography Critchley, Instruments of Fraud, Testamentary Dispositions, and the Doctrine of Secret Trusts (1999) 115 L.Q.R. 631 Pearce Stevens, The Law of Trusts and Equitable Obligations (2nd ed., London, 1998) Conveyancer and Property Lawyer 2005. â€Å"DEBUNKING THE MYTH OF SECRET TRUSTS† Emma Challinor Moffat, Trusts Law Text and Materials 3rd ed Footnotes [1] [1929] A.C. 318, 335 [2] Megarry V.C in Snowden, Re [1979] 2 All E.R. 172 at 177, expressing the same viewpoint as Viscount Sumner in Blackwell case [3] Williams v C.I.R. [1965] N.Z.L.R. 395 [4] Permanent Trustee Co v Scales (1930) 30 S.R. (N.S.W.) 391 [5] Critchley, Instruments of Fraud, Testamentary Dispositions, and the Doctrine of Secret Trusts (1999) 115 L.Q.R. 631 at 635 and 641 [6] Cullen v Attorney-General for Ireland (1866) L.R. 1 H.L. 190 at 198, per Lord Westbury. [7] Pearce Stevens, The Law of Trusts and Equitable Obligations (2nd ed., London, 1998), p.222 [8] Maddock, Re [1902] 2 Ch. 220 [9] Pit Rivers, Re [1902] 1 Ch. 403 [10] McCormick v Grogan (1869) L.R 4 H.L. 82 at 89 [11] (1876) 10 Ir. Eq. 469 [12] (188) 15 Ch.D. 594 at 606-607 [13] Conveyancer and Property Lawyer 2005. â€Å"DEBUNKING THE MYTH OF SECRET TRUSTS† Emma Challinor

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Thorough grasp of material (lecture and cases) as demonstrated in examinations Participation in class discussions Excellent participation *may* help move your grade one level up 4 Attendance Regular attendance in lectures and tutorials is essential to complete this unit successfully. Steady effort is the way to build your human capital in this area The text, supplementary reading, lectures, tutorials, etc. Are all complements, not substitutes Attitude is key to your success – Been there, done that -International Business Context O Dry Sarah Advertiser 13 Grading Policy: The Bad NewsWord about academic honesty: No plagiarism: pasting sentences or paragraphs from various sources without attribution DOES constitute plagiarism. Copying from another student also constitutes plagiarism No dishonesty in attendance: Signing in for one or more other students constitutes academic dishonesty No dishonesty in examination: No talking or exchanging notes during examination Students caught c ommitting an act of academic dishonesty will automatically fail the assignment or the unit Any Questions? 5 What is Economics and its relevance? Study of how economic agents choose to SE their scarce resources.Economics analyses the basic market structures of the business environment, and the decision-making behavior of economic agents Economic agents include consumers, firms, managers, workers, bureaucrats, criminals, Branches of Economics Microeconomics Branch of economics that deals with the behavior of individual economic units-?consumers, firms, workers, and investors-?as well as the markets that these units comprise. Macroeconomics Branch of economics that deals with aggregate economic variables, such as the level and growth rate of national output, interest rates, unemployment, and inflation.Classical Economics and Business Economics is to the traditional business discipline as Physics is to the classical engineering sciences. Economics is a tool box. Combining these with too ls from decision sciences we can find the power tools that can maximize your firm's chances for survival and prosperity in an uncertain world. This is all about Business Economics. 6 What is Business Economics? Business economics is concerned with the application of economic principles and analytical tools of decision sciences – Mathematics, Statistics, andEconometrics – to solve Business/Managerial decision problems. Thus, Business economics is about the application of economic theory and analytic tools to help managers make better decisions. The scope of Business Economics Management decision problems arise in any organization (firm, a non-profit organization, or a government agency) when it seeks to achieve some goal or objective subject to some constraints. Business Economics provide us with the power tools to examine how an organization can achieve its objectives most efficiently. Decision Problems: Examples

Keynesian Economic Was Developed By British Economist John...

Keynesian economic was developed by British economist John Maynard Keynes during the 1930s as a way of understanding why the great depression happened. Keynes felt that if government expenditures increased and taxes were lowered, then the global economy could be pulled out of the depression. Macroeconomics is the study of national and regional economies. It examines economic factors like unemployment, gross national product, consumption, Inflation rates, Business cycle fluctuations and foreign trade. Keynes point of view about the Macro Economy was that the government must step in to correct the instability of the economy. If the economy faces a recession, government must increase demand by spending more; lowering taxes; lowering interest rates and increasing welfare. If the economy faces a time of inflation, the government must reduce demand by spending less; raise taxes; increase interest rates and reducing welfare. Fiscal policy is the use of government spending and taxes to control the economic activity of a country. This is decided upon and implemented by Congress. Macroeconomics mainly focuses on the total output generated within an economy. The dollar value of all goods and services produced within a nation during the course of a year is the Gross Domestic Product. Economic growth, which is the increase in Gross Domestic Product over time, is one of the 3 biggest goals. The other two are full employment and price stability. During a recession, a one-timeShow MoreRelatedBiography of John Maynard Keynes Essay990 Words   |  4 PagesThroughout the history of economics, there have been many experts and professors whose ideas and theories have fundamentally affected our thoughts and practices, but none has been as influential on this subject as John Maynard Keynes. 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Research And Analytical Skills Senior Communications...

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