The Stranger is a novel written by Albert Camus in 1942. It tells the story of Meursault, a young man living in Algiers who becomes emotionally detached from the world around him after the death of his mother. The novel is often considered an example of absurdist literature, as it explores themes of absurdity, nihilism, and the human condition.
One example of the absurdity present in The Stranger is Meursault's lack of emotional response to the death of his mother. Despite being the protagonist of the novel, Meursault is unable to feel grief or sadness over his mother's death, and instead spends much of the time after her funeral casually chatting with his neighbors and even going to the beach. This detachment from his emotions is a clear example of the absurdity present in the novel, as it is not a typical or expected response to the loss of a loved one.
Another example of absurdity in The Stranger is Meursault's eventual murder of an Arab man on the beach. The murder is completely unprovoked and seems to happen almost by accident, with Meursault later stating that he killed the man because he was "too close" and the sun was in his eyes. The absurdity of this act is further highlighted by the fact that Meursault seems to have no remorse or guilt over the murder, and instead focuses on the practicalities of his impending trial.
In addition to absurdity, The Stranger also explores themes of nihilism and the human condition. Meursault's detachment from emotions and his lack of concern for the consequences of his actions can be seen as a form of nihilism, as he seems to lack any sense of purpose or meaning in life. This is further reflected in his statement that "nothing really mattered" and his belief that life is ultimately meaningless.
Overall, The Stranger is a powerful example of absurdist literature that explores themes of absurdity, nihilism, and the human condition. Through the character of Meursault, Camus presents a thought-provoking critique of modern society and the human experience.
Judicial creativity Free Essays
Prior to this ruling, sex without consent within a marriage would not have been deemed rape. Alternatively, the inquisitorial system may be said to provide better justice in that a judge has a broader range of possibilities to ask wider and deeper questions, and can therefore gather information that the parties did not intend to expose. This may include the application of precedent or literal applications of statute. HIERARCHY: - Very few cases ever make it all the way up the court hierarchy, through the appeals system, such a restriction ensures that legal change only occurs where it is absolutely necessary, considered by the best legal minds in England and Wales. It can be argued that in this instance, by going beyond the defined limits of a statute the court acted in a creative capacity, in the interests of present consensus.
The latter such reading was evident in the Ghaidan v Godin-Mendoza case in which the House of Lords under S. This is known as stare decisis to stand upon decisions and by which precedents are authoritative and binding and must be followed. Therefore, here the actual offence took place before the offence was made a crime, in the eyes of the law - making it retrospective. Legal Method and Systems The doctrine of precedent is the cornerstone of the development of the common law. Previously judges made decisions solely on what they believed, without mentioning existing cases. The judge in this case had maximum creativity; he was able to create a new point of law from scratch. What spoils our creativity? As such all progression in common law can be seen as applications rather than creations, even when a court acts without express provision of statute or precedent.
Analyse the extent to which judges are able to develop the law through the operation of the doctrine of judicial precedent and in the interpretation of statutes. It does however have many constitutional roles to fulfil such as the power of the purse, oversight, foreign policy and legislation. When a judge has come to a decision he outlines the facts which he finds has been proved on evidence, he then applies the laws to those facts and arrives at his decision for which he gives a reason; this reason is the ratio decidendi. This is known as ratio decidendi. Increased EQ in individuals and teams allows for better communication and openness to different ideas. As such all progression in common law can be seen as applications rather than creations, even when a court acts without express provision of statute or precedent. The rulings for this trial will now be applied to future cases, similar to this.
. Judicial Creativity and Fault 2371 Words 10 Pages Judicial Creativity Under the theory of separation of power, Parliament makes UK law while the role of judges is to apply the law to the cases. They must always ask what the law requires and not what justice requires. Every one of these specialized modes is capable of enhancing an Premium Psychology Cognition Idea Creativity 20:453—476 DOI 10. Legal Theories Supporting Application And Creation The legal theories of natural law and legal positivism support the idea of judicial application and judicial creativity respectively. Discuss the extent to which judges do create and develop the law. Does Precedent Bind Judges To Applying The Law? Furthermore, it will be argued that this is not a discretionary misuse of power, but a basic function of the courts as an organ of state.
The obiter dictum on the other hand is speculation so to speak. Contra to the position of natural law is that of legal positivism which states that morality and law are distinct and that law does not exist outside of human enactment. Legal Theories Supporting Application And Creation The legal theories of natural law and legal positivism support the idea of judicial application and judicial creativity respectively. The process of creation was historically reserved for deities creating "from nothing" in creationism and other creation myths. Through the application of this maxim, judicial precedent ensures inferior courts are bound to apply the legal principles which were set down in the decisions made by superior courts. .
They are in place so as to contain the power of any one branch attempting to overstep its authority and act in a tyrannical matter. Though it is important to note that allowing judges to alter previous decisions and subsequently the law, can lead to uncertainty. However, the modern doctrine of precedence can be seen to have departed considerably from this position, especially with the advent of the Practice Settlement 1966, which contra to London tramways, allowed Lords to depart from its previous decisions. An example of Statute law include: The Parliament Act 1911 , which established the House of Commons as the dominant chamber of parliament. For judges to make law, their approach to an area must seek a result which is in some way incongruous with the result prescribed by prior sources of law.
However, regarding this issue, if government are incredibly keen on getting an issue through without the judiciary being able to intervene, they are able to bring in legislation to fulfil their wishes and bypass the judiciary. Unbelievable quantity of myths exists around this seemingly simple notion. With this being said, all separated powers are completely and totally equal, all three of them. However, in reality do judges have a scope to be creative and develop our law far more than just applying it? Creativity is always the base and most importantly the start of something big and interesting when we try to create or build projects. For judges to make law, their approach to an area must seek a result which is in some way incongruous with the result prescribed by prior sources of law. The court had to decide which of two precedents these facts were analogous to theft from a train or hotel. For this reason, some have suggested they need more power in order to perform their task properly, others have suggested they cannot.
A theoretical issue which casts doubt over precedent as a limit to judicial creativity is that for a given set of facts there may be two precedents, apparently of equal viability, which are irreconcilable in terms of outcome. Creativity is a fundamental factor and is an important aspect for the continued success of any prosperous corporation. All the branches have their own duties and responsibilities that are a huge impact on our Nation. Furthermore, it is not the role of the courts to shy away from these issues and it is their flexible approach to law making which allows the common law to adhere to social consensus. Contra to the position of natural law is that of legal positivism which states that morality and law are distinct and that law does not exist outside of human enactment. This is the process through which cases between the government and individuals are reviewed on the basis of how lawful they are.
The principle organ of the US state is to legislate, represent and scrutinise the other, safely separated, branches of the government. They would suggest that the judges had posited new law, derived not from morality, but social norms. Emotional intelligence promotes team trust which fosters a collaborative culture which increases the creativity of the team. Interestingly he refused to adopt a creative stance to reverse a decision which he disagreed with as it was made in a creative capacity. . The process involves original thinking and then producing.
The division of power into separate branches of government is central to the idea of the separation of powers. What is the separation of powers? He concedes however that the courts will leave overtly political concerns to Parliament. Therefore it is important to note that, it is not necessarily the decision which is of utmost importance in judicial precedence but the reason for arriving at the decision. More recent example is The Human Rights Act 1998 , which enshrined key rights in UK law. The court hierarchy is incredibly restrictive and allows for very little judicial creativity. Serway, Chris Vuille Essential Environment: The Science Behind the Stories Jay H. They must always ask what the law requires and not what justice requires.
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