Wednesday, February 26, 2020

The Male and Female Self in European Civilization Essay

The Male and Female Self in European Civilization - Essay Example Two of these personalities were Heloise and Abelard who became famous for their disastrous affair which shook the church in France during the Middle-Ages. Peter Abelard, a renowned philosopher and priest, fell in love with his beautiful and convent-educated student Heloise who eventually became pregnant. The affair ended in a tragedy when the couple secretly got married. When Heloise's uncle found out about the illicit affair and the marriage, he ordered Abelard castrated. Abelard spent the rest of his life in a monastery and Heloise decided to take vows as an Abbess, both embittered and separated from each other. Heloise's and Abelard's letters, written to each other at the height of their affair, compiled by Constant Mews, in a book called 'The Lost Love Letters of Heloise and Abelard,' radically and eloquently described the transcendent nature of their love. These collection of letters found and translated by Mews, only manifested that although men mainly dominated this period, th e voices of women in that generation could never be silenced by constraints on gender or the established religious institutions. In one of her letters, Heloise wrote to Abelard she preferred love to chains and freedom to marriage as marriage was done merely for conventional purposes. And if the name of wife appears more sacred and more valid, sweeter to me is ever the word friend, or, if thou be not ashamed, concubine or whoreI preferred to love to wedlock, freedom to a bond. I call God to witness, if Augustus, ruling over the whole world, were to deem me worthy of the honour of marriage, and to confirm the whole world to me, to be ruled by me forever, dearer to me and of greater dignity would it seem to be called thy strumpet than his empress. (Constant 27) Heloise altered her definition of 'self' from being 1'a woman of great wisdom and prudence and religion' to someone who is not 'chaste.' Constant Mews mentioned this as 2'an incredible insight into Heloise's perception of the hypocrisy of religious life.' A part of Heloise identification of the 'self' was her strong views about gender issues of her time questioning the functions of Christian women in religious life and how this life could be made to suit them and not the other way around. Mews added that 3'the traditions [Heloise] inherited were one in secular level' quite distinct from the love based on the Scriptures that Heloise had to follow or the love that '[was] talked about in monastic life.' The Middle-Ages were the period in which society identified women as the cause of decay and corruption and Heloise defied this prevailing idea by developing a notion of love which at best was liberal and beyond her time. In another letter to Abelard, Heloise wrote 4'I do not consider the friendship of those who seem to love each other for riches and pleasures to be durable at all since the very things on which they base their love seem to have no durability.' In many of her letters in which she professed love to Abelard, Heloise stressed equality and friendship as essential to love and relationships. For the most part, Abelard agreed with Heloise's view about love saying that they could live

Monday, February 10, 2020

The UK has two legal professionals, solicitors and barristers. should Essay

The UK has two legal professionals, solicitors and barristers. should the professions be fused - Essay Example As perceived by the general public solicitors spend their time sitting in an office surrounded by legal tomes, whereas barristers lead a rather more active life. However there times when a barrister can act without being asked to do so by a solicitor, as so on such occasions does his own office work, as when for instance he is instructed by barristers in employment, when acting for patent agents or when instructed by Officers of the Children and Family Court Advisory and Support Service. (The Bar Council, undated). At the same time solicitors can, under certain conditions, represent clients in court. Should this practise of differentiation between these two ways of being a British continue or should the two professions become united and act as one? Discussion There are always those who want change and those who will always prefer the status quo. In 1990 the Courts and Legal Services Act 1990 (Act)2 became legislation. Thurman ( 1993) described this as a monumental change. The aim was to give the public of the United Kingdom a greater choice of legal practitioners. The act, a controversial one, especially among lawyers, gave not only suitably qualified solicitors , but also nonlawyer members of other occupations. There are a number of other important changes such permission being given for the establishment of multi-disciplinary law practices which could nonlawyer members. Even international legal firms were allowed using lawyers from other lands. The Lord Chancellor stated that the aim of the bill was â€Å"ensuring that ... a market providing legal services operates freely and efficiently ....† Green Paper, supra note 10,  § 1.1 as quoted by Thurman .( page 4) If solicitors are allowed to represent clients in the magistrates court why can they not do so in other courts? Firstly many would not wish to do so. They may have an excellent knowledge of the law , but would not want to be seen on a public stage, which to some extent is what a high court is. S econdly a solicitor’s company may have a wide variety of clients with an equally wide variety of legal needs. They will have a wide knowledge of the barristers available and their particular abilities and specialties – there may be those for instance who specialize in commercial law or be excited by criminal practice. Also many cases are heard in London or other large cities, whereas the magistrates courts are much more local for the majority, as well as dealing with by far the bulk of cases, 95% according to HM Courts and Tribunal Services ( 2009). Only when a case is considered to require a sentence exceeding 6 months in duration are cases passed on to the higher courts. Even then much of the work leading up to the actual court case is done by the solicitor, the barrister taking over for the actual higher court appearance. Another point is that advocacy is only a small proportion of the work undertaken by solicitors according to UK Law Online 1998 which describes how much more time is spent on other tasks:- Litigation is only a small part of the work of the solicitor’s profession as a whole. Most are involved in commercial work relating to business eg dealing with commercial transactions, corporate matters, land, share and other property dealings. There is also a large amount of private client work which does not involve any litigation (if all goes to plan!) such as the conveyancing of houses, making wills, advising on tax matters:- Apart