John Locke And Jacques Rousseau - 1325 Words

Philosophy 5/4/2016 1. While both John Locke and Jacques Rousseau trusted that each ought to be free and that nobody ought to need to surrender his/her natural rights to a lord, both contrasted on what this situation ought to resemble. Locke had confidence in restricted, delegate government. However, Rousseau had faith in direct government by the general population. The contrasts between John Locke and Jean-Jacques Rousseau need to do as much with dispositions as with frameworks. Both of them upheld political radicalism and religious resistance; however their originations of human instinct contrasted. Rousseau feels that people are inalienably great and that human advancement and customary educating are adulterating impacts. He sees feelings and assumptions as more critical that Locke does. (Elahi) Both Locke and Rousseau concur that the primary route for a social contract to safeguard the privileges of the General Will is for finished inclusion. Rousseau demands the individuals who don t join the settl ement are oblivious to the points of interest of a social contract. These maniacs must be compelled to see the light of the social contract and in this way forced to be free. In a more brutal perspective, Locke sees the inability to join the social get an assault on the safeguarding of humanity and this violator ought to rebuff. That is because the individuals, who abuse the particular law, disregard the safeguarding of humankind. There is a considerable measure ofShow MoreRelatedJohn Locke And Jean Jacques Rousseau967 Words   |  4 Pagesindividuals would come together to form a society. Two philosophers, John Locke and Jean-Jacques Rousseau, give their respective opinions on what is the role and purpose of a â€Å"Social Contact’ in their works the â€Å"Second Treatise on Government† and â€Å"Of the Social Contract†. When defining the social contract in the â€Å"Second Treatise on Government†, Locke begins by addressing the state of nature. Similar to other philosophers of his time, Locke states his definition of the state of nature which he describesRead MoreJohn Locke And Jean Jacques Rousseau1270 Words   |  6 Pagesimplementation of a society in which all are guaranteed equal rights has never come to fruition. Through political treatise, formulated essay’s, and prototypical society s, many have attempted to recreate the works of famed philosophers: John Locke and Jean-Jacques Rousseau. Disagreeing regarding the innate goodness of humans, both understand that for a political society to function properly, humans must be given a society in which prosperity is the goal. Therefore, underlying the key theme that cooperationRead MoreJohn Locke And Jean Jacques Rousseau Essay1583 Words   |  7 Pageseconomics, goverments and laws. Dating back to 1588,Thomas Hobbes (1588-1679) Engl ish philosopher, conditional defender of monarchy as the source of civic order (Explorations, 2014).Three philosophers in particular being Thomas Hobbes, John Locke and Jean-Jacques Rousseau were the key thinkers within the philosophy of social justice, influencing the main idea of a social contract based on their theories, they suggest that the whole of society have been produced by a general social agreement, social contractRead MoreJohn Locke And Jean Jacques Rousseau1785 Words   |  8 PagesJohn Locke and Jean-Jacques Rousseau were both Enlightenment thinkers concerned with the liberties of men. This concern, along with the fact they both believed all men are born into the state of natural equally, induced them to write works concerning a social contract between men. Locke and Rousseau discussed their ideas in the Two Treatises of Government and The Social Contract respectively. Their concerns about liberty in the state of nature led them to generate different accounts of the socialRead MoreJohn Locke vs Jean-Jacques Rousseau.1663 Words   |  7 PagesJohn Locke and Jean-Jacques Rousseau are great political philosophers that have many similar insights about society and its political form. However, when closely examining the writings of these thinkers, one can easily discover many subtle differences among them. The two philosophers base their theories on different assumptions, which subsequently lead to dissimilar ideas about the origin of society and the constitution of governments. As a result, their views of the development of society greatlyRead MoreThe Writings Of John Locke And Jean Jacques Rousseau1596 Words   |  7 Pageswritings of John Locke and Jean Jacques Rousseau have had a significant impact on the controversy of what constitutes legitimate political power. They both believe in man’s natural mortality, and they also state that creating a social contract and legitimate government is necessary to avoid conflict. Both philosophers ho ld different perspectives and opinions, however they are both concerned with the same question: What renders exercises of a political power legitimate? Rousseau and Locke have severalRead MoreA Summary Of John Locke And Jean-Jacques Rousseau1651 Words   |  7 Pagesthrough education† (Norris, 2017, slide 20). John Locke and Jean-Jacques Rousseau were two important philosophers of education who showed an actual respect for children and â€Å"wrote treaties that advocated more child-centered, natural approaches for the development and education of the young† (Platz Arellano, 2011, p.54). Although they differed on the nature vs nurture debate, some teaching methods and the education of girls, Locke and Rousseau did agree on many theories and their influenceRead MoreIdeas Of Thomas Hobbes, John Locke, And Jacque Rousseau1805 Words   |  8 PagesThomas Hobbes, John Locke, and Jacque Rousseau are all highly regarded as great political philosophers of their time. Many nations have used their strong rhetoric to create their own civil rights and liberties in order to get away from imperial monarchs. Although they had very different ideas compared to one another, their thoughts and essays are studied in depth when thinking about the world of politics today. If one was to look at these three philosophers in today’s political climate, many wouldRead MoreJean-Jacques Rousseau and John Locke: Their Relevance for American Society 1811 Words   |  7 PagesIn Second Treatise on Government and The Social Contract, John Locke and Jean-Jacques Rousseau each present and describe their own perceptions of what allows for equality, freedom and democracy. Of the many major ideas developed throughout these texts, the two main distinctions between the two philosophers are natural freedom versus civil freedom and individualism versus collectivism. John Locke, who provided the framework that would allow for liberal democracy, writes that in a state of nature,Read More Comparing John Locke, John Stuart Mill, and Jean-Jacques Rousseau2026 Words   |  9 PagesComparing John Locke, John Stuart Mill, and Jean-Jacques Rousseau John Locke, John Stuart Mill, and Jean-Jacques Rousseau all dealt with the issue of political freedom within a society. John Lockes â€Å"The Second Treatise of Government†, Mills â€Å"On Liberty†, and Rousseau’s â€Å"Discourse On The Origins of Inequality† are influential and compelling literary works which while outlining the conceptual framework of each thinker’s ideal state present divergent visions of the very nature of man and his

Why Do Crimes Occur As Well As What Makes Offenders Commit...

There are several theory’s that have been developed to answer the question of why do crimes occur as well as what makes offenders commit crimes (Lilly, Cullen and Ball, 2011). One of the first theories developed was Classical School theory. Classical theory focuses on the offender as a whole and how he or she wants to commit the crime due to free will (Lilly, Cullen, and Ball, 2011). While reading through an article written in The New York Times, there was a crime that was discussed that has become an important topic in the media. The title of this article is â€Å"Prosecutors to Seek Death Penalty for Dylann Roof in Charleston Shootings†, written by; Chris Dixon. The article was interesting considering it showed the classical theory is still in effect in today’s era. The article’s topic discussed about an offender named Dylann Roof. Roof walked into a church located in Charleston, South Carolina (Dixon, 2015). Dylann Roof sat in a bible study for an hour before he discharged his weapon, killing nine innocent people that ranged in ages, from 26-87 years old (Dixon, 2015). Roof being the age of 21 when the incident occurred, had time to change his judgment, and walk back out of the church with no violence. Classical theory states that free will is what makes law abiding citizens change to violent offenders, and this is what occurred in the Charleston murder case. There was a time while roof was observing the bible study to change his intent and walk out of that church on thatShow MoreRelatedThe Classical School Of Criminology996 Words   |  4 Pagescenturies scientists and researchers have been trying to figure out what makes people commit crimes and what they can do to deter them from committing future crimes. In the 1800’s and th e early 1900’s crimes and the severity of crimes increased. Punishment in this day and time was considered to be cruel and excessive; to make you feel pain for the crime you committed was the ultimate point (Freilich, 2015). If you committed a crime you could be beaten, hanged, tortured or if you stole something, youRead MoreRational Choice Theory Vs Routine Activity Theory1299 Words   |  6 Pagesexamine why a person would commit a crime in the first place. In this paper, I will explain that these two theories are as well as compare and contrast the two theories. Routine Activity Theory was developed by Marcus Felson and Lawrence E. Cohen. Routine activity theory helps identify criminal activity and behavior through explanation in crime rate. (Cohen Felson,1979). Cohen and Felson said that the number of possible offenders or offender motivation does not actually affect the crime rate. RoutineRead MoreTheories and Burglary1584 Words   |  7 Pages1970’s meant to explain crime and victimization. The routine activities theory is based off of the assumption made in previous theories such as deterrence and rational choice theory, which offenders rationally think out criminal behaviors before they engage in them. This assumption includes the theory that offenders calculate risks and consequences before committing a crime. The routine activities theory suggests that there are three elements that contribute to whether a crime will be committed or notRead MoreRoutine Activities Theory : The Classical School Of Criminological Theory1354 Words   |  6 PagesRoutine activities theory or RAT was originally proposed by the classical school of criminological theory. Classical school theorists believe that humans are rational individuals who make decisions based on their own free will. In short, humans oftentimes make decisions after taking into consideration the risk versus reward associated with the behavior. Essentially, routine activities theory draws from Amos Hawley’s (1950) theory of human ecology. This theory explores the terrestrial aspects of humanRead MoreCorrections and the Criminal Justice System1166 Words   |  5 Pagesdescribes the punishment of offenders for the crimes they have committed. Corrections does not always mean punishment; in the United States they expect their inmates to read the bible to reflect on their wrongdoings. In the criminal justice system there are three major components: police, courts, and corrections. The police investigate crimes and arrest suspects handing over the evidenc e and investigative information to the court system. Prosecutors determine whether a crime has been committed and ifRead MoreRunning Head:. Response Paper 1 Response Paper 3. Advanced1277 Words   |  6 PagesArizona State University Response Paper Crime in the 20th century has become one of the most widely studied areas of research. Today, I am going to briefly outline some of the theories of crime that are used to study the subject. What I will be evaluating these theories against will be small scale property crime such as theft. Classical theory states that crime is committed when there are more benefits to committing the crime than punishments. It also states that crime is a choice and is done with freeRead MoreThe Theory Of Crime And Crime1260 Words   |  6 PagesResponse Paper Crime in the 20th century has become one of the most widely studied areas of research. Today, I am going too briefly outline some of the theories of crime that are used to study the subject. What I will be evaluating these theories against will be small scale property crime such as theft. Classical theory states that crime is committed when there are more benefits to committing the crime than punishments. It also states that crime is a choice and is done with free will (BeccariaRead MoreYouth Criminal Justice Act Essay1257 Words   |  6 Pagesmajority of juveniles are involved in impulsive or risky, even delinquent behaviors during their teenage years. However, the majority go on to become very productive citizens who do not commit crimes. In order for this to continue the government established the Youth Criminal Justice Act (YCJA) which gives young offenders a chance to better themselves, and. By doing so, the YCJA helps teach youth that their actions are unacceptable and the punishments imposed are lesser then an adult. Through theRead MoreWhy People Commit Crime? Essay1621 Words   |  7 Pages The term criminal desistance refers to when offenders desist, or stop, committing crime. Desistance from crime exists when an individual has an absence of criminal be havior in their lives for a sustained period of time. By studying desistance, there is a better understanding of what causes individuals to commit crime; as well as, a better understanding as to why certain individuals discontinue their lives of crime. The criminal justice field often encompasses, serving justice by locking peopleRead MoreThe Deterrence Theory By Thomas Hobbes1347 Words   |  6 PagesDeterrence Theory then came into play when it was time for a person to take up for their actions that person has caused and, being able to pay the price at hand for what they have done without being able to put the blame on another person or get away with it without being sure that you would also get the proper punishment. The reason why this theory has more than one theorist is due to â€Å" once one looks in detail at cases of international conflict, it becomes apparent that the participants almost never

Equity and trust law assignment, Free Essays

string(148) " is certain because of the fact that it relates to a specific piece of property \(\?500,000\), whilst clauses 1 and 2 are uncertain as they do not\." Question 1 Daniel Smithson and the beneficiaries to the trust may be able to sue Agnes and Brian for breaching their fiduciary duties and thus causing a loss to the beneficiaries; Nocton v Lord Ashburn[1] and Target Holdings v Redferns.[2] This is because under s1 of the Trustee Act (TA) 2000 a duty of care is placed upon trustees to ensure that they exercise reasonable care and skill when managing the trust. Reasonable care and skill does appear to have been exercised when Agnes and Brian used the trust shares in the company to vote the directors out of office and vote themselves onto the board of directors. We will write a custom essay sample on Equity and trust law assignment, or any similar topic only for you Order Now This is because their efforts on behalf of the company were successful and the company’s shares are now worth ?8 instead of ?1. Accordingly, it seems as though their decision to do this can be justified on the basis that they were acting in the best interests of the company; Kirby v Wilkins.[3] Furthermore, although trustees are entitled to â€Å"reasonable remuneration† for their services under ss28-29 TA it is questionable whether ?50,000 is a reasonable amount to be paid. In relation to the ?60,000 that was paid to Doris, a lack of care and skill has been exercised since Agnes and Brian have managed the trust inappropriately. In addition, it cannot be said that they have taken the same precautions as an ordinary prudent man would have taken; Speight v Gaunt[4] and they have clearly treated Doris more favourably than the other beneficiaries. This has caused a loss to the other three beneficiaries and both Agnes and Brian did not have the power authorise such a transa ction until Doris reached the age of 25 since not all of the beneficiaries are of an adult age and so the trust cannot be terminated early; Saunders v Vautier.[5] Agnes and Brian have also breached their duties under the trust in respect of the sale of the trust’s shares in Gormley Iron Steel Plc since there has been a deliberate misapplication of the trust property; Armitage v Nurse.[6] In addition, it cannot be said that Agnes and Brian took all of the necessary precautions that an ordinary prudent man would have taken when exercising the trust fund. Furthermore, the investment that was made in Fleetwood Princess is a breach of their duties under s3(1) TA since it is unlikely that they would have made the same investment had they been absolutely entitled to the trust assets. Thus, it was a risky investment to make and does not satisfy the the â€Å"standard investment criteria† under section 4 (3). In effect, it seems as though the two have acted â€Å"recklessly careless† in making the investment; Re Vickery.[7] Brian has also breached his fiduciary duties in relation to the investment into Drug Star Plc since it was m ade clear in Cowan v Scargill[8] that a trustee must make sure that any investments made are wholly beneficial to the beneficiaries and not themselves. Agnes will also be liable for this breach because â€Å"it is the duty of a trustee personally to run the trust and part of that duty is to observe what the other trustees are doing and intervene if they are doing something wrong†[9] as in Bahin v Hughes.[10] If Agnes and Brian can show that they honestly believed the investments to be good then they may escape liability; Re Smith.[11] Overall, it is unlikely that Agnes and Brian will be able to satisfy the defence that they honestly believed the investments to be good and as such it is likely that they will both be found to be in breach of their fiduciary duties. Question 2 In advising Brian and the trustees as to the validity of the express trust that has been created by Agnes, it must be determined whether the three certainties that are required for a valid trust to be created are present. In Knight v Knight[12] it was held that a trust will only be deemed certain if it can be shown that there is â€Å"certainty of intention to create a trust; certainty of the identity of the subject matter comprising the trust fund; and certainty of the beneficiaries (or objects) of the trust or power in question.† In effect, if any of these three certainties cannot be established then the trust will not be valid as it will be an incomplete trust. In acting with sufficient certainty Agnes must have had the intention to create a valid trust, the trust property must have been easily identified, and the beneficiaries must be sufficiently recognisable.[13] Once it has been shown that the three certainties are present, it must then be considered whether the three t rusts that have been created have been properly constituted and that the formalities have all been complied with. Subsequent to these provisions being complied with, the trustees will then be able to distribute the trust property in accordance with the terms of the will. Thus, as shown in DKLR Holdings Co (No 2) P/L v Commissioner of Stamp Duties;[14] the trustee has at law all the rights of the absolute owner in fee simple, but he is not free to use those rights for his own benefit since equitable obligations require him to use them for the benefit of other persons.† In effect, the trustees will be required to deal with the trust assets in accordance with their equitable duties. It does appear as though there has been a certainty of intention in relation to all three of the clauses under the trust since Agnes has executed a will that has possibly been drafted by a solicitor. Thus, if Agnes did not have the intention to create a trust she would not have gone through the trouble of making a will. Essentially, Agnes’s conduct in making the will demonstrates a clear intention to create a trust. In relation to the certainty of subject matter, it is clear that clause 3 is certain because of the fact that it relates to a specific piece of property (?500,000), whilst clauses 1 and 2 are uncertain as they do not. You read "Equity and trust law assignment," in category "Essay examples" This is because; the distribution of the shares in clauses 1 and 2 cannot be identified. In Re London Wine Co (Shippers) Ltd[15] it was held that; â€Å"to create a trust it must be possible to ascertain with sufficient certainty not only what the interest of the beneficiary is to be but to what property it is to attach.† Therefore, because Agnes failed to identify the amount of shares that was to be used on Charles and Doris, it cannot be said that the subject matter is certain. This was also recognised in MacJordan Construction Ltd v Brookmart Erostin Ltd[16] when it was made clear that trust property needed to be segregated and clearly defined for it to be valid. Accordingly, it is unclear what part of the shares shall be given to Charles and Doris because there is a great deal of uncertainty as to what is meant by the â€Å"lion’s share of the income† and how much of the â€Å"better performing shares† is to be held on trust for Doris. As such, it is likely that the trust will fail. Agnes should have been more specific as to what she meant by the â€Å"lion’s share of the income† and â€Å"the better performing shares† as this would have segregated the amount of shares that were to be used. Hence, as noted in Morice v Bishop of Durham[17]; â€Å"there can be no trust, over the exercise of which this court will not assume control and if there be a clear trust, but for the uncertainty of objects, the property is undisposed of and every trust must have a definite object.† Certainty of subject matter can only be established once it is shown that there is â€Å"certainty of the property that is subject to the obligation that it be held on trust and certainty of the amount or share of the trust property that each beneficiary is to receive.†[18] In Green v Ontario[19] it was shown that for the subject matter to be deemed sufficiently certain there must have been reference to a specific piece of property. This has not been achieved in the instant situation and so the subject matter cannot be deemed certain in clauses 1 and 2. Despite this, the objects in clauses 1 and 2 do appear certain because of the fact that both Charles and Doris have been identified. However, the same cannot be said for clause 3. This is because ?500,000 is left to Agne’s trustees to pay the income to her close relatives as they see fit. A discretionary trust has been created here since Agne’s trustees have been given the absolute discretion to make awards to Doris’ and Agne’s close relatives; Revenue and Customs Commissioners v Trustees of the Peter Clay Discretionary Trust.[20] Consequently, it could be said that clause 3 will also fail on the grounds that its object are uncertain.[21] Nevertheless, if it can be shown that the trust is to benefit individuals who come within a certain class, then so long as the person who the trust is to benefit comes within that particular class then the trust will be valid as in McPhail v Doulton.[22] However, it may be difficult to determine what is meant by â€Å"close relatives† since the trustees may not be aware of how close the relatives needed to be, which can produce a lot of problems. Nevertheless, in Re Baden’s Deed Trusts (No 2)[23] it was stated that if the class of beneficiaries, specified by the settlor, are conceptually certain then the trust will be enforceable. Therefore, since it can be said that the class of beneficiaries that have been stipulated by Agnes are conceptually certain, then it is likely that clause 3 will be valid; Re Erskine 1948 Trust; Gregg and Another v Pigott and Others.[24] Nevertheless, the will can still fail on the grounds that it has not been validly executed. Yet, if it can be shown that all the trust was â€Å"in writing, signed by the testator or by someone in his presence and by his direction and be attested by two witnesses† the will would have been validly executed under s9 of the Wills Act 1837. In addition, as noted by Pearce and Stevens; â€Å"the legal title in some forms of property such as shares or land can only be transferred by registration of the transferee as the new legal owner.†[25] It is questionable whether this has been done as there has been no effective transfer of the shares. Again, it seems as though clauses 1 and 2 will fail on the basis that they are uncertain and that they have not been validly executed since â€Å"equity will not perfect and imperfect gift†. If it could be shown that Agnes done everything in her power to transfer the shares to Charles and Doris then the outcome would be different; Re Rose[26] since â€Å"equity would treat a transfer as complete if the transferor had done everything in his power to transfer the property to the transferee.†[27] There was no evidence to suggest that Agnes had done everything in her power and so clauses 1 and 2 will remain invalid. Overall, it is evident that there was certainty of intention to create the trusts by Agnes because of the fact that she had executed a will to do so. However, clauses 1 and 2 will still fail for lacking certainty of subject matter and for failing to be properly transferred. Although clause 3 appears to lack certainty of objects, the fact that the beneficiaries come from a certain class will render this clause valid. The trustees will only be capable of distributing the trust property in accordance with the terms of the will if it can be shown that the will was validly executed. If this has been established then the Agne’s trustees will be able to distribute the ?500,000 to Doris and Agne’s close relatives as they see fit. The trust property from clauses 1 and 2 will enter into Agne’s estate so that they can be distributed in accordance with the Intestacy Rules. Bibliography Books Clements, R. and Abass, A. Complete Equity and Trusts: Cases and Materials, OUP Oxford, (2008). Gillen. M. R and Woodman. F, The Law of Trusts: A Contextual Approach, Edmond Montgomery Publication, 2nd Edition, (2006). Hayton. D. J and Mitchell. C, Hayton and Marshall: Commentary and Cases on the Law of Trusts and Equitable Remedies, Sweet Maxwell, 12 Edition, (2005). Hudson. A, Equity and Trusts, Routledge-Cavendish, 6th Edition, (2009). Martin, J. E., Hanbury Martin: Modern Equity, (19th edn, Sweet Maxwell, 2012). Pearce. R and Stevens. J, The Law of Trusts and Equitable Obligations, OUP Oxford, 4th Edition, (2006 Cases Armitage v Nurse [1998] Ch 241, 251 Bahin v Hughes [1886] LR 31 Chd 390 Cowan v Scargill [1985] Ch 270 Green v Ontario [1973] 2 OR 396 DKLR Holdings Co (No 2) P/L v Commissioner of Stamp Duties (1980) 1 NSWLR 510 Kirby v Wilkins [1929] Ch 444 Knight v Knight (1840) 3 Beav 148 McPhail v Doulton [1970] 2 All ER 228 MacJordan Construction Ltd v Brookmart Erostin Ltd [1992] BCLC 350 Morice v Bishop of Durham (1804) 9 Ves Jr 399 Nocton v Lord Ashburn [1914] AC 932 Re Baden’s Deed Trusts (No 2) [1972] 2 All ER 1304 Re Erskine 1948 Trust; Gregg and Another v Pigott and Others [2012] 3 All ER 532 Re London Wine Co (Shippers) Ltd [1986] PCC 121 Re Rose [1952] Ch 499 Re Smith [1896] 1 Ch 71 Re Vickery [1931] 1 Ch 572 Revenue and Customs Commissioners v Trustees of the Peter Clay Discretionary Trust [2007] EWHC 2661 (Ch) Saunders v Vautier (1841) EWHC Ch J82 Speight v Gaunt (1883) 9 App Cas 1 Target Holdings v Redferns [1996] 3 WLR 352 How to cite Equity and trust law assignment,, Essay examples