Significant Developments in the Evolution of UK Business Law - Free Essay Example

Sample details Pages: 9 Words: 2690 Downloads: 1 Date added: 2017/06/26 Category Business Essay Type Analytical essay Did you like this example? Analyse the significant developments in the evolution of UK Business Law in the period between 1600 and 1900. Explain how these developments impact upon the current operation of UK Business Law INCORPORATING THE LAW MERCHANT INTO COMMON LAW In the 1600à ¢Ã¢â€š ¬Ã¢â€ž ¢s a major development of business law was the incorporation of merchant law into the UK system. Before merchant Law was properly incorporated in the UK, it operated in the court of Admiralty which had been strengthened by a statute in 1540[1]. Don’t waste time! Our writers will create an original "Significant Developments in the Evolution of UK Business Law" essay for you Create order As identified by Frederick Beutel, the demand for a special mercantile court was recognized by the parliament and this led to acts in 1648 and 1653 which gave the Admiralty jurisdiction over mercantile and commercial matters except for bills of exchange and accounts between merchants[2], However due the opposition of common law judges the bill was lost in 1970 and the court ceased to have an influence over commercial matters.[3] The law was unsatisfactory when the common law courts finally achieved jurisdiction over commercial matters.[4] This led the business community to avoid litigation in the kingà ¢Ã¢â€š ¬Ã¢â€ž ¢s courts; although this was before Lord Mansfield took position has chief justice.[5]Commercial arbitration which was a very important part of merchant Law Arbitration accounted for a large portion of the disputes on commercial paper. Which led to the Parliament, at the request of the merchants, passing the Commercial Arbitration Act in I698. This was another import ant part of the law merchant which was re-enacted into the English law by legislation A great step was taken with the incorporation of merchant law in year 1666, which was characterised as one of the boldest fictions known in our legal history,[6] The courts declared that the custom was part of the law of the land and therefore applied to all persons. Then came the final stage of incorporation which was for the courts to take judicial notice of mercantile custom and to treat it as part of the law. This feat is usually attributed to Lord Mansfield: L stuart stated that the incorporation of merchant law into the UK was two fold [7], it began with the growingly powerful and systematic expression of merchant customs; as well as the beginning of the reception of those customs into the Common Law[8]. L, stuart particularly commended Lord Mansfield for à ¢Ã¢â€š ¬Ã…“his use of foreign examples, his quotation of the works of Juris consults, his use of portions of the Civil Law, dnd finally, the tendency to stress, where necessary, equity rather than precedent,à ¢Ã¢â€š ¬Ã‚ [9] In the eighteenth century two astounding judges brought about a solution to the problem of common law actions based on mercantile custom . Charles Bane stated that it was because of these two judges that the law of the merchant merged in to the UK[10] Lord holt was in position from 1989 to 1710 he was the first judge to make used of special juries composed of merchants [11]and he was the first common law judge to recognize the title to a bill of exchange in a bona fide transferee for value In a memorable case appropriately entitled Anonymous.[12]Although Lord Holt was commended for his steps within the UK ,he was viewed as conservative because he refused to accept the seventeenth-century mercantile custom that recognized promissory notes as negotiable instruments.[13] an example of this is the case of Clark V martin[14]. However promissory notes were finally seen as negotiable in struments in 1704 in the promissory notes act. Then came Lord Mansfield , As stated Lord Mansfield key technique was the use of a special jury of merchants to find the right mercantile custom or usage.[15]and then use those findings as a rule of law for subsequent cases. Charles bane argued that lord Mansfield was not bothered by technical questions in regard to the necessity of custom being long standing and limited in scope.[16]Lord Mansfieldà ¢Ã¢â€š ¬Ã¢â€ž ¢s decisions were commended for his efficiency and diligence[17]business men found that could obtain a speedy decision. Lord Mansfield valued certainty in the law over flexibility as seen the case of Edie v East India co.[18]where he acknowledged a previously settled rule that a bill not endorsed to order could still be negotiable , even though there was evidence that the customs of the merchants had changed.[19] Charles stated that à ¢Ã¢â€š ¬Ã…“he rarely refused to follow the findings of his special jury as to the cu stoms of merchants and incorporate them into the common lawà ¢Ã¢â€š ¬Ã‚ [20]. However legal scholars criticized this because it gave merchants the impression that new merchant customs could be automatically incorporated into common law[21] . The Impact of Merchant Law The incorporation of Merchant customs has to the incorporation of Laws that helps the merchants operate more efficiently. This is specifically in regard to INCOTERMS.[22]These are a uniform body of price-delivery terms where each price-delivery term, when employed by merchants engaged in international affairs is actually formulated in the light of pre-existing merchant practice.[23] Incoterms have a major impact on carriage of goods, because they address issues such as the passing of risk in cargo from seller to buyer; the delivery obligations of the seller, the expenses which they parties must bear in relation to the shipment (e.g. customs clearance, the payment of freight and cargo insurance arrangements). In addition, several of the terms as defined are only applicable only in respect of shipments by sea or inland waterways, thereby making them especially relevant to maritime carriage contracts and hence to marine cargo claims. Although incorporated by reference most frequently in contracts for international sales of goods, the Incoterms are also found as well in many agreements for domestic sales. https://www.internationalprivatelaw.com/files/Property_and_Risk.pdf Trakman, Leon states that that à ¢Ã¢â€š ¬Ã…“the spirit of the medieval Law Merchant is embodied today in renewed faith in mercantile autonomy, including dispute resolution, and the resistance to incursions by the nation state into the purportedly self-regulatory regime of borderless merchant tradeà ¢Ã¢â€š ¬Ã‚ . [24] The incorporation of Merchant Law can be said to be having an impact on the current operation UK business law ,most especially is U.K cyberspace law which was characterised as à ¢Ã¢â€š ¬Ã…“distin ctly cost and time effective methods of dispute resolutionà ¢Ã¢â€š ¬Ã‚ [25]. Individuals can resolve online merchant disputes in a virtual court which mirrors that which the medieval merchants sought for the resolution of their disputes, virtual courts, in a very different context, seek comparable efficiencies as stated by Trakman[26]. These are seen in online markets suchs as Ebay and Amazon Also a form of arbitration has evolved due to the evolving nature of the law of merchant, Arbitration is seen both internationally and nationally , Arbitrators are appointed by the parties to apply the parties choice of law. Chosen for their commercial expertise,arbitrators conduct arbitral hearings in an allegedly time- and cost effective manne rin the way merchant practice and trade usage. As in medieval times, commercial arbitration centres have developed at merchant centres, not unlike courts of the fair, and have applied arbitration laws and procedures to suit merchant clientele, simi lar the actions of medieval courts of the fair It was also identified that The domain-name panel also has a functional responsibility[27], similar the duty of the Law Merchant judge[28]. The panel must determine whether the use of the domain name is illegal, in bad faith, and at the expense of the trademark holder. This resembles both rule based [29]decision making and, to a lesser degree, justice ex aequo to bono[30] which was used in merchant law The development of registered limited liability companies and separate legal personality Limited Liability started with the introduction of joint stock companies an example included the East India Company. A joint stock company could be created by a royal charter , through which each members contributed capital towards specific trade ventures. As well as through acts of Parliament[31].The joint stock companies enjoyed a separate legal identity A member of the joint stock would take shares in proportion to the amount of his initia l contribution towards the company stock[32] while incorporation was increasing and a share market was becoming established there was in fact little law governing corporations. As Gower puts it, there was only an à ¢Ã¢â€š ¬Ã…“embryonic law of partnership which applied to companies that were unincorporated as well as those that were à ¢Ã¢â€š ¬Ã…“[33] During the first twenty years of the 1700à ¢Ã¢â€š ¬Ã¢â€ž ¢s a volatile investment market developed. Due to the growth in share dealings Trade in shares was common and speculative. This led to The most famous speculative investment of them all was the South Sea Company. The South Sea Company was formed in 1711, with the intention of taking over the slave trade in South America. In 1719 it convinced the state to let it take over the national debt of the British Government because the company was prosperous, many investors took up this option. Stocks soared, but purely on speculation the company wasnà ¢Ã¢â€š ¬Ã¢â€ž ¢t even tra ding at this point. The collapse of the south sea bubble company led to panic selling of shares , which resulted in markets [34]The Government passed the Bubble Act. This is perhaps the first instance of à ¢Ã¢â€š ¬Ã…“companies legislationà ¢Ã¢â€š ¬Ã‚  but it was not a particularly fine one. The Act made it illegal to form a joint stock company or offer transferable shares unless the company was a chartered one, either by Royal Charter or a Private Act of Parliament. The also imposed harder methods to trade a company[35] limited liability began to be mentioned as the prime motivation for incorporation. An example of this is In 1802 where for example, the promoters of the Kent Insurance Company ordered that à ¢Ã¢â€š ¬Ã‹Å"application should be made for an Act of Parliament or à ¢Ã¢â€š ¬Ã‚ ¦.to establish the Institution and especially to protect the property of the proprietors beyond the amount of their respective shares.[36] Then came the companies act of 1844 , which is s aid by Griffin to have given birth to the first form of registered company.[37] The Joint stock companies allowed a company to be incorporated by the registration procedure rather than by royal charter or individual acts of parliaments[38]. There were however restrictions such as the need to have more than 25 members . The downfall of this act was that it did not include limited liability to the companies ,as it was seen as a way by which companies could exploit the corporate form to the detriment of creditors and investors.[39] The Limited liability act of 1855 however allowed companies with at least 25 members to have limited liability. This act was incorporated into the joint stock companies act of 1856. In order to encourage smaller businesses the act removed restrictions in regard to the numbers of members and the minimum amount of capital that had to contributed . The Judicial acceptance of the company as a separate legal entity Legally, shares in joint stock companie s, incorporated and unincorporated, were viewed as equitable interests in the property of the company. Shareholders, says D. G. Rice, were regarded as owners in equity of the companys property. However this view was changed in the case of Watson v Spratley[40], in 1854, the court had to determine the nature of the shares of an unincorporated mining company. It held that the matter turned on the essential nature and quality of a share in a joint stock company, and declared its shares to be interests only in profits. Therefore shareholders, even in unincorporated joint stock companies, had no direct interest in the physical assets of their companies. Shares were personalty irrespective not only of the nature of the companys assets but also of its legal status. They were an entirely separate form of property: legal objects in their own right. They had been freed from their direct link to the property of joint stock companies The recognition of large business as a separate legal enti ty was generally accepted [41]as long as it was registered according to the companies legislation. However the recognition smaller companies , registered with one substantial shareholder was a matter of uncertainty . The growth of one man businesses towards to the end of the nineteenth century . However the case of salomon v salomon was the case that established the applicability of the registered company as an acceptable and valid form of business regardless of size The impact of limited liability on the operation of business law As identified by Stephen griffin the à ¢Ã¢â€š ¬Ã…“When general limited ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬Ã‚ °liability was introduced by the ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬Ã‚ °Limited ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬Ã‚ °Liability Act 1855, its purpose was to generate economic growth in the wake of the industrial ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬Ã‚ °revolution. ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬Ã‚ °Limited ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬Ã‚ °liability provided a means by which entrepreneurs and investors could raise capital and trade that capital with ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬Ã‚ °limited risk to their personal wealthà ¢Ã¢â€š ¬Ã‚ [42] Due to the introduction of limited liability the common law and statutory provisions have evolved to monitor the exploitation of the ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬Ã‚ °limited ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬Ã‚ °liability company, however the protection provided by such measures is invoked rarely.[43] For example, the fraudulent trading provision (s.213 IA 1986)[44] has not been used in one but a cases because of the difficulty of establishing a directors dishonest intent, the wrongful trading provision (s.214 IA 1986)[45] has failed to create the substantial impact which it deserved because of the many procedural problems associated with its implementation, and the prohibition against phoenix companies has delivered so few cases as to suggest the problem does not exist , when in practice it clearly does.[46] It has been feared that a company merely transfers the burden of liability from shareholders to creditors, facilitating corporate recklessness. This would not have arisen but for ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬Ã‚ °limited ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬Ã‚ °liability. It is for this reason that the idea of limiting the members ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬Ã‚ °liability introduced by the 1855 Act was not welcomed by the wealthy class and treated with particular distrust in the second half of the 19th century.[47] however as Imanalin stated à ¢Ã¢â€š ¬Ã…“the judiciary is very reluctant to pierce the corporate veil in company groups holding a parent and its subsidiary as a single entityà ¢Ã¢â€š ¬Ã‚ [48] Identified other ways in which the Law has developed to to tackle the corporate veil which had been placed in the case of Salmon. Creditors could create contractual guarantees from a parent promising to pay any debts unpaid by its subsidiary.[49]Also the statutory developments in the 1980s have allowed company creditors to sue directors in breach of sections 213 and 214 of the Insolvency Act 1986[50] A parent company could itself be found by the court to be in breach of these sections if the court is satisfied that it acted as a de facto or shadow director.43 [1] Frederick K. Beutel, The development of Negotiable instruments in Early English Law , Harvard Law Review ,Vol 51,No 5, Page 835 [2] I act of 117 [3] Supra note 1 ,p.837 [4] Ibid p 840 [5] J. H. Baker (1979). The Law Merchant and the Common Law Before 1700. The Cambridge Law Journal, 38, pp 295-322, page 297 [6] [7] L. stuat Sutherland ,The law merchant in England in the seventeenth and eighteenth century, Transaction of the royal Historical society , fourth series , Vol 17149-179.p 157 [8] ibid [9] Supra note 7, p 173 [10] Charles A Bane, From Holt and Mansfield to Story to Llewellyn and Mentschikoff: The Progressive Development of Commercial Law 37 U. Miami L. Rev. 351, p 356 [11] ibid [12] ibid [13] Ibid p 357 [14] ibid [15]Supra note 10 p 358 [16] ibid [17] ibid [18] Supra note 10 p 359 change it to the case [19] ibid [20] Supra note 10 360 [21] Christian, Note to 1 W. BLACKSTONE, COMMENTARIES *75 (E. Christian 14 th ed. 1803) (1st ed. London 1765), [22] Evolution of the Law Merchant: our Commercial Heritage Part II: The Modern Law Merchant, The; Trakman,Leon: E12 J. Mar. L. Com. 153 (1980-1981) at 177 [23] ibid [24]supra note 21 [25] 53 U. Toronto L.J. 265 (2003) From the Medieval Law Merchant to E-Merchant Law; Trakman, Leon E. 53 U. Toronto L.J. 265 (2003) at 284 [26] ibid [27] From the Medieval Law Merchant to E-Merchant Law; Trakman, Leon E. 53 U. Toronto L.J. 265 at 289 [28] ibid [29] ibid [30] ibid [31] Frank Evans ,The Evolution of the English Joint Stock Limited Trading Company Columbia Law Review, Vol. 8, No. 5 (May, 1908), pp. 339-361 at 340 ibid [32] Stephen Griffin, Company Law , Fundamental Principles fourth edition , page 3 [33] L.C.B Gower, Principles of Modern Company Law, p 27 [34] Stephen Griffin, Company Law , Fundamental Principles fourth edition page 4 [35] Stephen Griffin, Company Law , Fundamental Principles fourth e dition page 4 [36] [37] Stephen Griffin, Company Law , Fundamental Principles fourth edition page 5 [38] ibid [39] ibid [40] [41] [42]Stephen Griffin Limited Liability à ¢Ã¢â€š ¬Ã¢â‚¬Å" A Necessary Revolution Comp. Law. 2004, 25(4), 99-101. At 99 [43] [44]Section 213 of the Insolvency Act 1986 [45] Section 213 of the Insolvency Act 1986 [46] ibid [47] rethinking limited liability [48] Rethinking Limited Liability C.S.L.R. at 94 [49] Ibid at 92 [50] Insolvency Act 1986

Analysis Of The Film Pick Up A Camera - 873 Words

James Cameron once said â€Å"Pick up a camera. Shoot something. No matter how small, no matter how cheesy, no matter whether your friends and your sister star in it. Put your name on it as director. Now you’re a director. Everything after that you’re just negotiating your budget and your fee.† Anyone can be a filmmaker if they please. But while filmmaking is easy to learn, it takes years of practice. Many filmmakers take years honing their craft, striving to improve their creative skills and become better. From the 19th century to the present, filmmaking has been a growing and succeeding career. The first motion picture ever was made in the year 1872 when an English photographer by the name of Eadweard Muybridge was experimenting with†¦show more content†¦Web. 01 Dec. 2015.) The process inspired Hollywood, which invented the second most successful color process, â€Å"Technicolor†. (What? Color in the Movies Again? Widescreen Museum. Fortune Magazine, n.d. Web. 01 Dec. 2015.) Technicolor filmed musicals such as The Wizard of Oz and animated films such as Snow White and the Seven Dwarves. Color processing changed filmmaking and made filmmakers more conscious of color choices in scenes. A filmmaker is in charge of making, leading, and developing a film. The career of filmmaking allows individuals to show their leadership skills and creative thinking skills by leading and directing film and television. (Filmmaker. Filmmaker. N.p., n.d. Web. 10 Nov. 2015.) The director raises money for the film’s budget (either by getting it from the studio or paying out of pocket), finds filming locations, auditions actors, assembles a crew (cameramen, makeup artists, etc.), and directs the film. A director can go about getting a script in a number of ways. Many directors write their own scripts. In addition to making the decisions on the set of the film, creating the shots, and instructing the actors, beginning filmmakers may also need to write their own scripts if they want something to produce. Writing and directing short films gives beginning filmmakers the opportunity to learn about the writing process and improve their screenwriting abilities. Other times, a director will buy an idea or script from a writer. (â€Å"The Job

Don Quixote Essay Free Essays

Sue Kim 29 October 2012 Honors Literature Don Quixote Essay â€Å"With these word and phrases the poor gentleman lost his mind,† (Cervantes 20). In the beginning of Don Quixote, the reader is introduced to a man engulfed in chivalric books, who soon loses his mind in the stories of knighthood. Don Quixote is labeled as an insane man by the narrator who soon proves this statement through Don Quixote’s delusions and eccentric behaviors. We will write a custom essay sample on Don Quixote Essay or any similar topic only for you Order Now As the narrator describes the delusions, the narrator’s tone is overly mocking towards Don Quixote’s delusional acts. However, ignoring the narrator’s mocking tone, Don Quixote’s foolish acts can be judged reasonable by comparing Don Quixote’s delusions to the actual situation. In Cervantes’ Don Quixote, Don Quixote is portrayed as a delusional person with a tendency of expressing eccentric behaviors; however, Don Quixote’s delusions can be judged reasonable if the audience looks at the acts of Don Quixote as a childish and immature approach to regarding things in life. There are three types of delusions and eccentric behaviors shown by Don Quixote that can be seen as reasonable: delusions and eccentric behaviors connected with concrete objects, coincidental situations, and in situations where Don Quixote admits his madness and tries to explain his own supposed madness. The most commonly mentioned scene of Don Quixote is when Don Quixote has delusions about windmills being giants. Delusions and eccentric behaviors connected with concrete objects happen as Don Quixote sees some concrete objects as slightly different objects. This pattern is seen when Don Quixote interprets windmills as giants. â€Å"thirty or forty of the windmills [†¦] thirty or more enormous giants† (Cervantes 58). The audience may perceive Don Quixote as insane because he confuses two similar objects. The massive windmills’ blades are similar to the massive giants’ arms and the trunk of the windmill is similar to a giants’ body. Don Quixote’s childish actions are analogous to those of a child identifying a beautiful woman in an elegant dress as a princess. An image of a giant is conjured when thinking of a windmill because they are so similar in appearance; therefore, an image of a princess can be conjured when seeing a beautiful woman and dress. Don Quixote also perceives a barber’s basin to be a helmet. â€Å"Do you know what I imagine Sancho? This famous piece of the enchanted helmet [†¦] resembles a barber’s basin as you say,† (Cervantes 155). To turn a basin upside down creates an object similar to a helmet. The reader can compare Don Quixote’s ridiculous actions to the behavior of children as they have swordfights with sticks. Don Quixote, seemingly childish and naive, can nonetheless be judged reasonable because in both the windmill scene and the basin scene, the two objects being compared had similar qualities and were seen from a childish perspective. Don Quixote also had delusions on fortuitous situations. Don Quixote’s delusional behaviors on coincidental situations can be judged reasonable because they are spontaneous. The delusions of Don Quixote are similar to the delusions that â€Å"normal† people would have. Well, [the cloud of dust] conceals a vast army, composed of innumerable and diverse peoples, which is marching toward us,† (Cervantes 126). A cloud of dust could hide anything from a small pin to a immense army. Therefore, it is reasonable for Don Quixote to believe a vast army is hidden inside the cloud of dust and rampage into the cloud of dust. Don Quixote’s belief on the cloud of dust can be related to the actions of a child as he or she imagines there is a mon ster underneath their bed. In both situations, Don Quixote and the child are afraid of the unknown hidden from their view. A comparable situation happens as Don Quixote faces with two friars and a carriage on one path and has the delusion that the friars are kidnapping a princess in the carriage. â€Å"You wicked and monstrous creatures, instantly unhand the noble princesses you hold captive in that carriage, or else prepare to receive a swift death as just punishment for your evil deeds† (Cervantes 62). Don Quixote can be judged reasonable because his immature, quick assumptions correspond with those of a child as he or she immediately assumes a punishment when their full name is called. A normal adult may not have attacked the friars, but a man with a childish mind would have shown eccentric behavior like Don Quixote. All of these delusions are acceptable if they are pursued to imitate one’s role model. Madness can be conceived if a person’s role model is also considered insane. Don Quixote explains about his insanity as, â€Å"In the same manner, Amadis was the polestar the morning star, [†¦] the one who should be imitated by all of us who serve under the banner of love and chivalry. This being true, [†¦] that the knight errant who most closely imitates Amadis will be closest to attaining chivalric perfection† (Cervantes 193). Don Quixote realizes that people call him insane; thereupon, he explains that he is merely following in the footsteps of his role model, Amadis. Don Quixote’s guilelessness relates to those of a child as he or she looks up to his or her role model as the child grows up. A related situation happens in Sir Gawain and the Green Knight. â€Å"Said Gawain to the king, ‘If you would, noble lord, Bid me rise from my seat and stand at your side, [†¦] And I have asked you for it first, it should fall to me† (Pearl Poet 246). Gawain is upraising his uncle, King Arthur. Gawain’s honor for King Arthur allows him to imitate King Arthur by asking for the task of beheading the Green Knight. All of Don Quixote’s actions can be assimilated as childish. If Don Quixote’s actions were perceived plainly as childish and immature thought process, the readers can acquire a different definition of chivalry and knighthood from Don Quixote. Chivalry and knighthood is known to be for those that are loyal and brave. However, if Don Quixote’s chivalric, but ridiculous actions were plainly childish actions, chivalry becomes the dream of young children. Chivalry becomes an immature game played by children. Knights would not be the symbol of courage, but the symbol of playfulness and being silly. With Don Quixote’s childish perception towards chivalry and knighthood, the readers can acquire a new sense of what loyalty and courage are. Citations * Cervantes, Miguel De. Don Quixote. New York City: HarperCollins Publishers Inc. , 2005. Print. * Pearl Poet, . Sir Gawain and the Green Knight. Print. How to cite Don Quixote Essay, Essays

John Brown free essay sample

The white abolitionist John Brown who has been thought of as a thief and in contrast a religious prophet led a raid at Harper’s Ferry in 1859. He attempted to start an armed slave revolt by gathering 16 whites and 5 blacks. They stole a numerous amount weapons held at the U. S Federal Arms. The raid was then stopped by a squad of U. S. Marines, that was led by Robert E. Lee. In my opinion John Brown was justified in the events of Harper’s Ferry because all of the violence he committed was for a greater greater cause There were many reasons why John Brown was justified. First off by using violence as a self defense and defense of others Brown was stabbed by the U. S Marines defending himself and his men. Secondly, he was justified by using violence as a just cause. He did this by revolting to gain freedom for slaves. We will write a custom essay sample on John Brown or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The third reason why his violence was justified is because it was for the right intent, Brown fought for a new government so the slaved could be rescued and protected. The fourth reason why he was justified was by using violence as a last resort, the government refused equality of slaves to get freedom was to fight. The fifth Brown used violence was justified was because the revolting led to the civil war which ended slavery, therefore the revolting resulted in a greater good for many people. The last reason that was justified for violence was because of the probability of success. Instead of leaving his men to die he stood up and did whatever he could to guard the slaves while he was on the verge of dying. On the other hand there weren’t as many reasons why Brown was not justified for using violence. To start he was not justified when using legitimate authority. The reason he was fighting was â€Å"by the authority of God Almighty† as Brown said which is not justified. Secondly he was not justified for his act of violence in the use of proportionality. This is because they captured innocent people that were not part the revolt. The last reason was that Brown went against noncombatant immunity by causing a guard to join their revolt, and when he refused to join he was shot. This is not justified because Brown brought unarmed civilian into war that wasn’t supposed to be in war. I agree that John Brown’s violence was justified for the mere fact that the number of justified things overcame the number of things not justified. To start he was just trying to defend himself and others when being approached by the U. S Marines this is nothing but justified. Also he did all of this by revolting to gain freedom for the slaves. He did it for the better and I don’t see anything wrong with putting an end to people being treated like animals. He was also justified when he fought the government so he could rescue and protect the slaves. Protecting others is the right thing to do at least in my opinion. Lastly I think he was justified because even while he was wounded and close to death he fought through it and tried to fight back to protect the slaves. That in my eyes is a person who is justified. Now this is from my own experience where I was justified. While in a snowball fight one of the opposing kids through a piece of ice instead of snow. Of course this was prone to end in a bad result and did just that as it hit my friend in the eye. He reacted by running at the kid that through the ice and attempted to fight him. At first I didn’t know if I should step in or stand and watch. Then I reacted right after the first punch by my friend was thrown. I ran up to them both and pushed the other kid onto the ground away from my friend. I then pulled my friend away and brought him in my old apartment complex. The other two kids both walked home and my friend DJ came over. I felt I was justified in this occasion because I only pushed the kid to separate them both and avoiding them from getting injured and was a greater good for the greater number. In the life of John Brown he was justified for his violence. He is deffinately a very important person in the United States as he aided in the abolishment of slaves. He did do something that was not justified but it did not compare to the amount justified. I think that John Brown should be known to everyone across the country as a great man with a even greater purpose. .