Complications Of The French Revolution - 1364 Words

The French Revolution (1789-1799) had significant, far reaching implications. In Britain it permeated every level of society. Not only did politicians change their allegiances, but moderate reformers were radicalised, and British society was completely divided into supporters and detractors of the Revolution. It also resulted in a drastic politicisation of Ireland, changing the nature of politics completely. The British government was threatened by the French Revolution because they saw what was happening in France and saw the beginnings of the process in their own country. The prospect of a revolution of that scale in Britain was unthinkable and something had to be done. The initial reaction to the French Revolution in Britain was†¦show more content†¦Ã¢â‚¬ËœThe ideological issues raised by the French Revolution served as a catalyst for British domestic politics’ subsequently leading to the development of a Tory Party in Britain as those who followed Burke followed him to William Pitt the Younger who established the first Tory government. Pitt’s initial lacklustre reaction to the Revolution had changed rapidly with the growth of radicalism in Britain, especially after Thomas Paine published his Rights of Man in 1791, condemning it as a ‘monstrous doctrine’ . This new Tory government that had been established was much less tolerant of reformers in a time where radical reformers were far more common and were feeding off the energy of the French Revolution. In the 1770s, a movement for parliamentary reform began in Britain under the leadership of middle class men such as John Cartwright and Christopher Wyvill. When the Revolution in France began in 1789 this movement began to grow rapidly, and an atmosphere of revolutionary fervour spread across Britain, inspiring reformers. In many ways the French Revolution acted as a template of reform to radicals and reformers across Britain and Europe. When the propaganda of the French Revolution began to reach the masses of Britain in 1792 the situation worsened for the British government as interest in radical societies spiked. At times during the 1790s, there were incidents of rebellion that were of a similar degree ofShow MoreRelatedThe French Revolution Was An Era Where There Was A Dramatic1342 Words   |  6 PagesThe French Revolution was an era where there was a dramatic political and social change. The supporters of the French Revolution came across problems such as women s lack of a righ t to citizenship, Absolute Monarchy of the Feudal System, and the lack of rights of the clergy and nobility. The supporters of the French Revolution attempted to solve these problems by abolishing the Feudal system, and the establishment of a republic. They also created steps towards resolving the lack of women’s rightsRead MoreEffects of the French Revolution1136 Words   |  5 PagesThe French Revolution’s Effects on Europe The effects of the French Revolution were political, social, economic, and religious. Europe was devastated and overjoyed by a revolution that happened in only France. There were many ways people rebelled which changed and affected Europe in different areas. A new political government began to form; borders of cities and countries were redrawn on European maps. Social effects included equality of the people and enlightenment of many citizens. TheRead MorePerfume, By Patrick Suskind Essay1598 Words   |  7 PagesGerman writer, the reason for which Patrick Suskind wrote his critically-acclaimed novel, Perfume, in a French setting, about the French, is questionable. However, candidate answers lie in the setting of the novel itself. Mid-18th century France, which is adjacent to Suskind’s Germany, harboured not only a national, but global revolution of politics, economics, and social norms through the French reforms. This had plentiful influence on all aspects of Prussia since the late 17th century (when GermanyRead MoreGandhi On Western Civilization : Gandhi s R esponse1009 Words   |  5 Pagesintention and purpose. I see how Mohandas Gandhi conceived this notion of these two regions. From the French Revolution to the World War I there was nothing, but slaughter and massacre. The French Revolution was based on the crisis of the government then there was the eruption of Bastille in July 1789. The revolution came to be extreme and barbaric under the rule of Jacobins and Robespierre. The revolution did not succeed in constructing a firm structure of republican government. World War I was diplomaticRead MoreThe Beginning Of Colonial Life1060 Words   |  5 PagesYears war. This was due to conflict between Britain and France. The battle began between the two because of the need of territorial control of the interior of North America. Britain settled along the Atlantic seaboard, the coast of North America. The French claimed the St. Lawrence River. This was the river valley of Ohio and Mississippi, now known as the great lakes. This conflict caused the Native Americans to now become part of the issue at hand. The Native Americans then proceeded to take tacticsRead MoreGeorge Orwell s Animal Farm1255 Words   |  6 Pagesreconstitution of society. The French revolutionary motto, â€Å"liberty, equality, fraternity† can be applied in part to every rebellion in history. With these principles at heart, it only seems logical that human society should become utopian. Despite the principles, the French revolution paved the way for the autocratic rule of Napoleon. History repeats itself; George Orwell’s Animal Farm follows the rise of Animalism which serves as an allegorical reflection of the 1917 Russian revolution that led into the StalinistRead MoreThe Indian War : Cause, And Political Causes Of The American Revolution1188 Words   |  5 Pagesagainst the British Empire and revolt. The American Revolution was caused due to the economic aspects, social aspect, and political aspects. The American Colonists were driven to declare war on the British Empire due to the economic policies. Many tax acts were acts created after the French and Indian war in order to help pay off the debt that Britain had and to help Britain gain more economic power. One example of an act that led to the Revolution was the Stamp Act. The stamp act was an act whereRead MoreThe Book By Daron Acemoglu And James A. Robinson Why Nations Fail1228 Words   |  5 Pagesanother. These switches often occur during a revolution. One of the biggest determinants is whether the revolution is narrow based or broad based. The French Revolution of 1789 is a good example of broad based revolution. Why Nations Fail argues that the development of the Napoleonic regime is because of the original broad-based nature of the French revolution. It is hard to make this claim, however, due to the almost century that passed between the revolution in 1789 and the third Republic in 1870. Read MoreThe Autobiography Of Benjamin Franklin1367 Words   |  6 Pagessubjects were to be English and Foreign Languages, science, and mathematics. Because of his kite experiment, Franklin received honorary degrees from the University of St. Andrews and the University of Oxford. Benjamin Franklin taught himself to read French, Spanish, Italian, and Latin. To further his educational abilities, Benjamin would stop at nothing to figure something out. The kite experiment, in 1752, was his most famous, but he could have killed himself doing it. Franklin, however, set thatRead MoreThe Persecution And Assassination Of Jean Paul Marat1318 Words   |  6 PagesAssassination of Jean-Paul Marat as Performed by the Inmates of the Asylum of Charenton under the Direction of the Marquis De Sade, Peter Weiss placed a historic revolutionary setting inside of a chaotic insane asylum. Sex and violence dominate revolution, madness blends with reason, and political ideologies battle head-to-head while the plot unfolds. Marat/Sade focuses on a play authored by the Marquis de Sade inside of the play itself. Weiss, writing in the voice of Sade, could not ignore the sexual

Socrates “the Unexamined Life Is Not Worth Living”

Socrates was the son of common Athenians. His father was a stone-mason/ sculptor, his mother a midwife. Socrates was also a stone-mason by trade and was to follow in his father’s footsteps. It was still yet unknown to Socrates in his early years that his ‘career’ would be that of a philosopher. It is said he was pulled out of his workshop by Crito because of the â€Å"beauty of his soul†. Jobless and serving no direct purpose to the Athenian (Greek) society, Socrates was well known in the Athenian markets where he spent much of his time ‘learning’ about others. In his spare time he had developed and honed an ability to use words and was intrigued with life; why things were; what they were; and how things were. Socrates had many†¦show more content†¦These Jurors, as Socrates stated, were exposed to the accusers and had their minds ‘corrupted’ by a convincing argument full of false information. The sophists already thought ill of Socrates because of the negative way he was portrayed in Aristophanes’ play called â€Å"The Clouds†. This had led to pre-bias within the jury. The jury, especially Meletus, got a first hand glimpse of how Socrates’ method works; Socrates cross-examined Meletus and embarrassed him in front of the 500 strong jury. According to secondary sources Socrates believed always that it was his ‘duty to question supposed ‘wise’ men and to expose their false wisdom as ignorance.’ This behaviour was admired by the youth; questioning the elders, but this led to fear and hatred amongst his peers, thus leading to his trial. The Athenians were a traditional people who undertook little reflection on their lives – counter to Socrates’ approach to life. A society with great anxiety they were threatened by Socrates. They were greatly conflicted by the value systems of the time – their anxieties related to ‘identity and difference, individualism and participation, dynamics and form, freedom and destiny.’ I suggest that perhaps they were fearful of what they might find out about themselves if they began to reflect on their lives, examine their lives, as opposed to being fearful of Socrates. It wasn’t fear of Socrates, it was fear of themselves. Socrates became theShow MoreRelatedSocrates And The Unexamined Life Is Not Worth Living1097 Words   |  5 PagesEveryone has a life to live; however, there are quite different between the unexamined life and the examined life. In the word of Socrates,† The unexamined life, for a human, is not worth living†, â€Å"the unexamined life† means people have no question, they never question the life, and they don’t want to know about the truth, and they don’t know who they are. Those people just get up every day, go to work and go to sleep, keep repeating these and never wonder what is the meaning of their life. On the otherRead MoreIn the words attributed to Socrates in Plato’s Apology, â€Å"The unexamined life is not worth living.†1000 Words   |  4 PagesIn the words attributed to Socrates in Plato’s Apology, â€Å"The unexamined life is not worth living.† David Foster Wallace expands on this idea in his â€Å"Kenyon Col lege 2005 Commencement Address,† pointing out the importance of awareness and escaping the natural, default-setting of an unconscious, self-centred life. While commencement speeches are typically epideictic—celebratory—in nature, Wallace takes a deliberative rhetorical stance. According to Fahnestock, deliberative discourse is used in orderRead MoreThe Unexamined Life Is Not Worth Living1344 Words   |  6 Pages â€Å"An unexamined life is not worth living† Imagine living a life without change, development and growth. Imagine living a life without any consciousness of what life has to offer. As mind-boggling as this may sound, there are actually many people on this earth that have not taken the effort to know themselves. People should be able to fairly judge their lives. Man should be able to gain wisdom by the examinations of the deeds they’ve done to prepare for the future. Life is no longer worth livingRead More The Unexamined Life Is Not Worth Living Essay1051 Words   |  5 Pages Socrates was considered by many to be the wisest man in ancient Greece. While he was eventually condemned for his wisdom, his spoken words are still listened to and followed today. When, during his trial, Socrates stated that, â€Å"the unexamined life is not worth living† (Plato 45), people began to question his theory. They began to wonder what Socrates meant with his statement, why he would feel that a life would not be worth living. T o them, life was above all else, and choosing to give up life wouldRead More The Unexamined Life is Not Worth Living Essay1489 Words   |  6 PagesSocrates is correct when he says the â€Å"the unexamined life is not worth living† In order to discuss why Socrates is correct, I would like to discuss these various points which consist of: the significance as well as the underlying meaning of his quote â€Å"the unexamined life is not worth living†, the difference between an unexamined life and an examined life, specific examples, the importance of a person living an examined life and lastly, whether or not I’m living an examined life. Socrates was aRead MoreSocrates : The Meaning Of Life1154 Words   |  5 Pageslive a good life. In other words, they want to know the meaning of life. Socrates was considered the father of ancient philosophy, and the wisest man in ancient Greece. Although he was eventually condemned for his wisdom, his spoken words are still listened to and followed today. Socrates believed that the purpose of life was both personal and spiritual growth. He establishes this conviction in what is arguably his most renowned statement: The unexamined life is not worth living. Socrates lived hisRead MoreSocrates Unexamined Life Essay1621 Words   |  7 PagesWhy does Socrates think that the unexamined life is not worth living? Does he have a good defense of his philosophical life? As the wisest man in all of ancient Greece, Socrates believed that the purpose of life was both personal and spiritual growth. He establishes this conviction in what is arguably his most renowned statement: The unexamined life is not worth living. Socrates makes it quite evident through the severity of the language in this claim, the extent to which he will liveRead MorePlato s The Apology Of Socrates874 Words   |  4 PagesIn Plato s â€Å"The Apology of Socrates†, Socrates states, â€Å"the unexamined life is not worth living† and he would rather be put to death them stop his practice of philosophy (The Apology). In this writing, Socrates is charged with not accepting the gods recognized by the state, devising new gods, and corrupting the youth of Athens. However, the word apology in the title is not our modern English interpretation of the word. The name of the speech stems from the Greek word apologia, which translatesRead MoreSocrate and the Examined Life1353 Words   |  6 PagesExamined life Adrian Eames 951105878 Section leader: Elizabeth Grosz The Trial and Death of Socrates takes place during a time in Socrates life where he becomes most reflective. During these final moments of Socrates life a theme arises, that of the unexamined life. Socrates claims that â€Å"the unexamined life is not worth living† (Apology 38a). Profound as the statement may seem it creates many questions; what is the unexamined life? And why is the idea of an examined life so dear to Socrates? It sRead MoreAnalysis Of Plato s The Apology 1198 Words   |  5 Pagesmonologue, which later turns dialectic. Socrates, who has been brought upon the courts, proceeds with his defense which is by no means an apology. He believed in practicing and teaching philosophy even if that meant going against the Athenian law. He believed above all that he should not go against his own beliefs. In his defense, Socrates claims that an â€Å"unexamined† life is not worth living. What he means by this is that living an unexamined life means living a life w ithout any knowledge and wisdom.

Japanese recession Essay Example For Students

Japanese recession Essay Thomas Paine For many years Thomas Paine was the epitome of American histories greatest drawback. In American history there is always that one detail that doesnt make it into popular curriculum. Whether it be the point of view from the loosing side of a war, to the secret dalliances of a popular politician, to the truth of a times social opinion- the American student is taught only so much. The most proper, popular material makes it in; along with any major facts too commonly known to ignore. Anything else is liable to fall to the wayside without enough support from historians or academia. There is always room for the improvement of materials taught; so said, it would seem there is much more to know about Thomas Paine then is currently taught. Within the last twenty years there has been a resurgence of interest in both Thomas Paine and his work. The new social consciousness is more in tune with his writings, and his underdog status appeals to many. His blunt style of speech has earned him admiration in many corners; in fact one of President Ronald Regans more clever speech writers took to adding exerpts from Paines writings into the Presidents major addresses. Paine has lately been heralded as Americas first modern intellectual, and is the subject of numerous books which have come out within the last four years. Common knowledge of Paine includes his birth in 1737 in Thetford, England, his writing of the Common Sense pamphlet in 1776, and his involvement in the American Revolution. Less common knowledge is his other writings: The Crisis, Rights of War and The Age of Reason; along with his role in the French Revolution. Even further down the path into the obscure is his brief French citizenship, his time in a French prison, and the short period of fourteen months which elapsed between his arrival in the Americas, and the publication of Common Sense. Paine is nothing if not the son of both perseverance and necessity. His financial woes are the stuff on which young loan sharks are weaned. He grew up the soon of a poor corset maker, and knew only poverty most of his life. His employment track is littered with miss-starts in many fields, including stints as a teacher, a seaman, a tobacco shop owner and at various times a excise man. None of these were to be successful positions for Paine, giving him the start of a grudge towards England and its economy. After surviving one wife and separating from another, Paine was near his perceived end. Yet on the recommendation of a new acquaintance from America he decided to head west to the colonies, in hope of escaping the misery hed endured in England. With nothing to his name but letters of recommendation (from the American whom hed met in London), he arrived in Philadelphia, America in 1774. This American happened to be none other then Benjamin Franklin, and the prominence of Paines recommender gained him the position of editor of the newly founded Pennsylvanian Magazine. Here, Paine established himself as a radical thinker, a person unafraid to enter into the independence furor. Remembering the hardships he had faced in England, Paine became he ideal American patriot. In 1776 Paine published the Common Sense pamphlet without signing his name to it. Demanding independence from England and the establishment of a strong American union, the pamphlet found overwhelming support and approval with American colonists. With the revelation of its author the pamphlet continued its wave of success, drawing commendation from George Washington and Thomas Jefferson. In one of the most perfectly timed releases in history, Common Sense was unleashed to a public hungry for direction, and touched upon a raw nerve the size of a revolution. Paine quickly followed up in December of that year with the first in a series of pamphlets entitled The Crisis. It began, These are the times that try mens souls. .ud7cc6759c25b7122bb59031c074dc66f , .ud7cc6759c25b7122bb59031c074dc66f .postImageUrl , .ud7cc6759c25b7122bb59031c074dc66f .centered-text-area { min-height: 80px; position: relative; } .ud7cc6759c25b7122bb59031c074dc66f , .ud7cc6759c25b7122bb59031c074dc66f:hover , .ud7cc6759c25b7122bb59031c074dc66f:visited , .ud7cc6759c25b7122bb59031c074dc66f:active { border:0!important; } .ud7cc6759c25b7122bb59031c074dc66f .clearfix:after { content: ""; display: table; clear: both; } .ud7cc6759c25b7122bb59031c074dc66f { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .ud7cc6759c25b7122bb59031c074dc66f:active , .ud7cc6759c25b7122bb59031c074dc66f:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .ud7cc6759c25b7122bb59031c074dc66f .centered-text-area { width: 100%; position: relative ; } .ud7cc6759c25b7122bb59031c074dc66f .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .ud7cc6759c25b7122bb59031c074dc66f .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .ud7cc6759c25b7122bb59031c074dc66f .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .ud7cc6759c25b7122bb59031c074dc66f:hover .ctaButton { background-color: #34495E!important; } .ud7cc6759c25b7122bb59031c074dc66f .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .ud7cc6759c25b7122bb59031c074dc66f .ud7cc6759c25b7122bb59031c074dc66f-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .ud7cc6759c25b7122bb59031c074dc66f:after { content: ""; display: block; clear: both; } READ: Medical Devices FDA Essay..Tyranny, like hell, is not easily conquered. These lines were read aloud to Washingtons men as they lay shivering in the winter cold. From that point on Paine looked to figure prominently in the American revolution. Thomas Paine served in the army as a solider, and froze along side the rest of Americas patriots during the winters of 1776 and 1777. In 1777 he received appointment to the position of Secretary to the Congressional Committee of Foreign Affairs. His luck had changed since his arrival in 1776, yet his personality was to be his eventual downfall. By openly and honestly exposing corruption within his departments ranks, he earned himself the first in a long line of enemies. Paine was forced to resign his position, and found himself in the situation of surviving off charity. With subsequent appointments he gave away much of his money to the revolutionary cause, and preferred to focus on continuing his Crisis pamphlets. Several years after the end of the Revolutionary War, Paine was given approximately $2500. by the state of Pennsylvania, a house and farm near New Rochelle by New York and was voted the amount of $3000. by congress. Regardless of his newly acquired wealth, Paine found ways to disrupt his own life, first by going to France in support of its revolution, and then finding himself an outlaw in England after he had published his two part Rights of Man there in 1791 and 1792. On August 26, 1972, Thomas Paine became a French citizen, and quickly positioned himself in the limelight surrounding Frances Revolution. He won wide support, and gained a seat in the National Convention. Once again, Paines brutal honesty earned him enemies when he criticized the amount of bloodshed Frances Revolution was seeing. Once again he lost his power, being quickly stripped of his seat, his citizenship, and any immunity; and finding himself squarely in prison for over ten months. Once again it was outside help that saved him, this time in the form of the American Minister, James Monroe. Monroe claimed Paine as an American Citizen, and secured his release. From then on Paine would slide further and further into territory which marked him as merely a historical blip, rather then the rousing character he was. Paines last work The Age of Reason, was published in two parts, one just after his arrest an imprisonment and one shortly following his release. The book was written on Paines own religious beliefs, and started the uproar that eventually outlived even him. Heralded as the Atheists Bible, Paines beliefs seemed radical and inconceivable at the time. His denouncement of orthodoxy and many church held beliefs made him the most hated man of his time (John Lennons comparison of the Beatles to Jesus resulted in the same sort of uproar). Most all of his American friends deserted him after the books publication, and he decided to stay on in France for some time after his release from prison. In 1802 Thomas Jefferson arranged for his safe arrival in America. Paine quickly found that hed been forgotten for everything but his Atheist Bible, and that most people had more of an angry impression then a working knowledge of that book. Alone and in poverty his last few years went without notice, marked only by an attempted assassination in 1804. In 1809 Thomas Paine died, one of Americas most noted men passing sadly in neglect. He lived on in infamy, his bones deported to England in 1819, and his burial site unknown to this day. Theodore Roosevelt helped keep the tradition of Paine loathing alive when he referred to Paine as adirty little atheist. .u2c48e1ff93560f6063666f356386e437 , .u2c48e1ff93560f6063666f356386e437 .postImageUrl , .u2c48e1ff93560f6063666f356386e437 .centered-text-area { min-height: 80px; position: relative; } .u2c48e1ff93560f6063666f356386e437 , .u2c48e1ff93560f6063666f356386e437:hover , .u2c48e1ff93560f6063666f356386e437:visited , .u2c48e1ff93560f6063666f356386e437:active { border:0!important; } .u2c48e1ff93560f6063666f356386e437 .clearfix:after { content: ""; display: table; clear: both; } .u2c48e1ff93560f6063666f356386e437 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u2c48e1ff93560f6063666f356386e437:active , .u2c48e1ff93560f6063666f356386e437:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u2c48e1ff93560f6063666f356386e437 .centered-text-area { width: 100%; position: relative ; } .u2c48e1ff93560f6063666f356386e437 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u2c48e1ff93560f6063666f356386e437 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u2c48e1ff93560f6063666f356386e437 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u2c48e1ff93560f6063666f356386e437:hover .ctaButton { background-color: #34495E!important; } .u2c48e1ff93560f6063666f356386e437 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u2c48e1ff93560f6063666f356386e437 .u2c48e1ff93560f6063666f356386e437-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u2c48e1ff93560f6063666f356386e437:after { content: ""; display: block; clear: both; } READ: A Good Man Is Hard To Find 2 Essay To this day, youll find little more about Thomas Paine in classroom history books other then that he was the author of the Common Sense pamphlet. No mention of his personal contributions in fighting the war and maintaining the government. Not a word of how he gave his last cent to the cause of the revolution and then went begging for more. Here we have a man who helped spark the flame of revolution that brought about the United States of America, relegated to the role of cheerleader. Thomas Paine gave his all for America, always going openly and honestly about his work, and in the end sacrificing his own life so that the truth might be heard. Bibliography:

Is the common law fair Essay Example

Is the common law fair Essay From a moral point of view one might say that honest people act in accordance of good faith and fairness. But morals normally originate from religion or culture. The Common Law on the other hand is laissez faire, which means that the law doesnt interfere a lot in legal affairs of businesses. It doesnt sympathise a lot with the nature of good faith and fairness as long as one doesnt misrepresent and deceive or doesnt act unconscionably. Moreover in the case of Walford v. Miles [1992] Lord Ackner states that The concept of a duty to carry on negotiations in good faith is inherently repugnant to the adversarial position of the parties when involved in negotiations. Each party to the negotiations is entitled to pursue his (or her) own interest, so long as he avoids making misrepresentation1 This shows that from the judiciaries point of view the law shouldnt be concerned with good faith and fairness but with negative actions. This is possibly because the common law wants to promote healthy businesses where parties can pursue their interest in their own way but not misrepresent or deceive the other party. We will write a custom essay sample on Is the common law fair specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Is the common law fair specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Is the common law fair specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Therefore on one hand the common law wants to promote healthy business but at the same time stop people from misleading other people into a contact. The Unfair Terms in Consumer Contracts Regulations 1999 on the other hand implies good faith upon the law. As you can see in Article 5 of the Unfair Terms A contract term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties rights and obligations arising under the contract, to the detriment of the consumer2. Therefore since we know that the common law doesnt stress the good faith as much as the Unfair Terms in Consumer Contracts Regulations 1999, I will now move on and asses whether fairness is really necessary and welcome in English Law. Some Lawyers would argue that fairness isnt necessary and welcome at all because it removes the traditional laissez faire businesses culture. In their opinion the Common Law has already tackled the most important issues in contract Law. This is because it had already developed the necessary tools to allow the courts to police contracts adequately. This tools include the Law of misrepresentation, The Unfair contracts term act of 1977, duress and inequality in bargaining power. First I will start of with misrepresentation. In Mckendicks casebook misrepresentation is defined as an unambiguous, false statement of fact or law which is addressed to the party misled, which is material and which induces the contract3 So we can see that in misrepresentation the common law is already providing fairness to the involved parties, to some extent by making sure that a party doesnt argue another party into a contract by misleading them. In the case of Esso Petroleum Ltd v. Mardon [1976], which you can read up in the Mckendrick textbook, Esso offered the defendant to buy a petrol filling station which was still under construction. They also told the defendant that the throughput of the petrol station was likely to reach 200 000 gallons a year. But at the end the local authority refused planning permission for the petrol pumps to front on the main street. Instead the, station had to be built back to front with the forecourt at the back. Esso assured the defendant these changes would not affect the projected throughput of petrol. However the throughput of the petrol that year was only 78000 gallons. The defendant sues Esso for negligent misrepresentation. Now in the court Esso argued that their statement as to throughput was a statement of opinion and not a statement of fact. 4 Esso tried to use the same defence as in Bisset v Wilkinson [1927] where the court decided that the vendors statement was a statement of opinion and not a statement of fact. 5 However the problem Esso faced was that unlike the vendor in Bisset, Esso had more knowledge then the customer had who it induced into the contract. This made the statement of opinion become a fact. This is why the court decision held that Esso did mislead the consumer into the contract. Furthermore in Smith v Land and house property Corporation justice Bowen argued that we can see that the Common Law always provided fairness to the parties, in these cases to the consumers who deserve it. In Bisset the vendor didnt have greater knowledge then the consumer so the statement he made suddenly became an opinion rather than a fact. Therefore one can argue that the contract Law already provides its parties with adequate fairness so a new law wasnt needed. Similarly another doctrine which promotes fairness in common law is that of duress. Duress is when someone threats someone to induce them into a contract. In common law Duress can terminate a contract if one party is threatened by duress to person, goods and financial duress. The common law tries its best to give justice to people who didnt willingly want to enter a contract but were forced to enter one. In the case of Barton v. Armstrong. It was argued that Barton was threatened to be murdered if he wouldnt enter the contract with Armstrong. However the jury decided that because Bartons primary reason for entering the contract wasnt duress but a commercial reason, the court dismissed the appeal of Duress in the court of appeal. However Barton appealed to the Privy council where Per Lord Cross argued that it did not matter that Bartons primary motive in agreeing the deed was commercial- that he may have signed it even if the threats had not been made The case of Barton V Armstrong proves that the common law gives the courts adequate ruling power of a case. As in the previous misrepresentation case the courts were allowed to assess the situation and make their own decision. Clearly we can see that although in Barton V Armstrong Duress wasnt the main reason why Barton entered the contract but duress of person was still in place. In my opinion the court didnt just want to give fairness to Barton in this case but it also wanted to set a bench mark for people who are thinking to use duress to induce people into a contract. Another important doctrine in common law is the doctrine of Consideration. In its very essence consideration means simply something of value received by a promisor from a promisee. It can take the form of a right, interest or benefit accruing to one party, or some forbearance, detriment, loss, or responsibility, given, suffered or undertaken by the other. 6 The doctrine of common law sounds very simple. However the complexity with Consideration really starts in sufficient consideration when someone is doing more then he is obliged under his legal duties. For instance in the case of Stilk v Myrick [1809] a captain promised its 9 men remaining crew the split wages of the two deserters if they would sale back with him to London. However once arrived back in London the captain refused to pay the extra money. In any normal circumstances the claimant would have received the money. However because of a just and proper policy in the case of Harris v Watson which made it clear that a sailor is not entitled to claim any extra wages, which were promised to him at a time when the ship was in danger. Therefore the court decided that the claimant were not entitled of the extra wages. The court came to this decision by looking at various facts. One was that there was no consideration for the extra work before the sailors started their journey. The sailors already agreed that they would do anything they could before the journey to make sure that the ship returns to London safely at any circumstances. However there are still some lawyers doubting the fairness given to the sailors in this case. Surely the sailors worked overtime and had to work more now then they originally planned and now they would have deserved some extra money. Some lawyers even go that far to question the doctrine of Consideration. Some as Professor Atiyah would argue for the case of Harris v Watson proves there is no coherent doctrine of consideration based on reciprocity. He states that : the truth is that the courts have never set out a doctrine of consideration. They have been concerned with the much more practical problem of deciding in the course of litigation whether a particular promise in a particular case should be enforced When the courts found a sufficient reason for enforcing a promise they enforced it;and when they found that for one reason or another is was undesirable to enforce a promise, they did not enforce it 7 All in one we can see that the Common Law pretty much tries its best to give people fairness. The fact that courts are allowed adequately to police contracts is important because in this way they can do their best to provide fairness to people using Law and a bit of good faith. However in the other hand there are also critics of the common law who believe that there need to be a set of rules, which regulates contracts and includes good faith and fairness. One argument is that the replacement of the unfair contract terms act of 1977 was necessary to be replaced by unfair terms in consumer contracts regulations 1999. The main purpose in the regulations of 1999 is to regulate the unfair terms in contract between consumer and seller. The word consumer has a different meaning in UTCCR 1999 and a different in the UCT 1977. If we look at the regulations then consumer means any natural person who, in contract covered by these Regulations, acting for purposes which are outside his trade, business or profession. But if we look at the Unfair terms act of 1977 we will find that it doesnt exclude companies from possible consumers. A consumer here means any natural or legal person who, in contract covered by the regulations, is acting for purposes relating his trade, business or profession, whether publicly owned or privately owned. 8 One can see that the regulations of 1999 are much more protective over the consumer then the common law. Further more if you read Regulation 5 (4) The burden of proof is upon the seller or supplier to show that term has been individually negotiated. 9 The regulations are trying to remove the burden from the supplier theyre not necessarily making the Law fairer for everyone. In a direct comparison to the common Law in my opinion the common Law provided much more fairness because then the judges still had adequate ruling power and could confront the situation much better than the statute can ever do. The UCTA on the other hand is confined with clauses as the exclusion, limitation and indemnity. As mentioned before the Common Law includes some bits of good faith but still doesnt recognize a doctrine of good faith. In this way it stands out from many other states in the world. However with the help of the Regulations of 1999 the English law is becoming more aware of fairness and good faith. However some people again that although Britain never had a doctrine of Good Faith doesnt mean that it needs one now or didnt have important bits to it already. But moreover the Unfair terms in consumer contracts regulation 1999 didnt introduce a doctrine of good faith either. It was never that important before the regulations neither is it now. So one can argue that even tough we have a new law system but we still dont have a doctrine of good faith, which makes some question themselves did we really need the changes from common law to the regulations if the doctrine of good faith hasnt even become a doctrine yet. Maybe the doctrine of good faith will never play an important part in English Law. The English law was never about good faith and fairness, it always promoted a laissez faire business culture. Therefore I think that the Common Law was already in itself a very fair sets of Law which took great emphasis on good faith. The misrepresentation made sure that people werent mislead into a contract but still promoted a healthy business. The doctrine of Duress made sure that none would be forced into signing a contract by threatening them about their life, wealth or goods. Common Law always promoted healthy and fair businesses and not business deals under duress. Consideration is the very basic idea of a business You give me some equally valuable for my goods, which the common law wanted to uphold. The Common Law always tried its best to be fair by not letting people mislead, forcefully induce people to contacts. However on the other hand the regulations of 1999 want to give me more security to consumers. Especially after it includes companies as well to consumers.