Incarceration Essay Example for Free

Incarceration Essay There has been a lot of discussion regarding the prison population in the United States but little efforts have been engaged in regard to the transformations observed in the composition of the jail population. The law enforcement agents are under obligation by the federal, state, and local authorities to arrest and confine individuals who are criminal suspects. It is the duty of our judicial system to imprison individuals who are crime convicts. The confinement that is imposed on individuals whether prior to or after conviction is what is referred to as incarceration. Any person irrespective of race, color, sex, and age is subject to incarceration at least in theory according to the constitution. Studies have however continued to show increasing imbalance in our penal institutions as more African Americans and Hispanics continue to account to a slightly larger percentage in comparison to the whites. This paper shall present an analysis of the structural inequality as observed in the judicial system within the United States. Structural Inequality: Structural inequality is something that is affecting virtually all societies around the world. This phenomenon however does not stem from the variations amongst individuals as generally thought, but it can be attributed to the meanings and values that individuals hold in regard to these variations. These values and meanings become systemized and thus the foundation of inequality in our society. The society becomes stratified based on differences between the individuals. This leads to a hierarchical society where prejudicial values and attitudes are developed which affects the views held by the different categories of individuals (Bartels-Ellis, 2010). The US is among the world’s most leading jailers with a rating of 750 imprisonments in every 100,000 individuals (Williams, 2009). The prison population is however disproportional with African Americans and the Hispanics and other minority groups accounting for a larger percentage compared to the majority whites. It is estimated that over 60% of the prison population is from the minority groups. The imbalance in the incarcerated population has been attributed to the war against drugs that has gained momentum in the recent past. This has had a toll on the minority groups though studies have continued to indicate that drug use is also a significant phenomenon amongst the whites. The judicial system has therefore been accused of racist discrimination when it comes to matters of fair and effective judgment (Williams, 2009). Racial Bias in the Judicial System: Racial inequalities have been observed when it comes to judicial matters in the United States. There are great variations in the incarceration of different racial groups that make up the population of the US (Martel, 2008). Studies have continued to reveal the unending trend of disparities in the criminal justice system as revealed by the United States Census Bureau in 2000. According to the Bureau, there is un-proportional representation in the incarceration within the US penal institutions which happens to favor the whites. As of the year 2000, out of close to 2 million adult prisoners, 63% were from the minority groups including the African Americans and Latinos. Such disparities are in contravention of the general population as it has been established that the minority groups account for only 25% of the general population (Human Rights Watch, 2002). Statistics: According to Families Against Mandatory Minimums (FAMM), in every twenty blacks aged over 18, one is likely to be in prison whereas for the whites, the imprisonment rate is put at one in every 180 individuals. The African Americans and the Hispanics comprise of about 2/3 of the prison population. As of the year 2001, African American males and Hispanic males had a higher chance of being imprisoned compared to the whites. The blacks had a 32. 2% chance; Hispanics 17. 2% chance; whereas the whites had a 6% chance. In the year 2003, African American prisoners accounted for a larger portion of those serving a term of more than one year at 44% of the prison population followed by the whites at 35% whereas the Hispanics accounted for the remaining 19% (Families Against Mandatory Minimums Foundation, 2010).

Terrorism †Wake Up America! :: September 11 Terrorism Essays

Terrorism – Wake Up America! America, wake up! That's what we think we heard on the 11th of September 2001 and maybe it was, but I think it should have been "Get Out of Bed!" In fact, I think the alarm clock has been buzzing since 1979 and we have continued to hit the snooze button and roll over for a few more minutes of peaceful sleep since then. It was a cool fall day in November 1979 in a country going through a religious and political upheaval when a group of Iranian students attacked and seized the American Embassy in Tehran. This seizure was an outright attack on American soil; it was an attack that held the world's most powerful country hostage and paralyzed a Presidency. The attack on this sovereign US embassy set the stage for the events to follow for the next 23 years. America was still reeling from the aftermath of the Viet Nam experience and had a serious threat from the Soviet Union when then President Carter had to do something. He chose to conduct a clandestine raid in the desert. The ill-fated mission ended in ruin, but stood as a symbol of America's inability to deal with terrorism. America's military had been decimated and downsized / right sized since the end of the Viet Nam war. A poorly trained, poorly equipped and poorly organized military was called on to execute a complex mission doomed from the start. Shortly after the Tehran experience, Americans began to be kidnapped and killed throughout the Middle East. America could do little to protect her citizens living and working abroad. The attacks against US soil continued. In April of 1983 a large vehicle packed with high explosives was driven into the US Embassy compound in Beirut. When it explodes, it kills 63 people. The alarm went off again and America hit the Snooze Button once more. Then just six short months later a large truck heavily laden down with over 2500 pounds of TNT smashed through the main gate of the US Marine Corps headquarters in Beirut. 241 US servicemen are killed. America mourns her dead and hit the Snooze Button once more. Two months later in December 1983, another truck loaded with explosives is driven into the US Embassy in Kuwait, and America continues her slumber. The following year, in September 1984, another van was driven into the gates of the US Embassy in Beirut and America slept.

A Strategy To Align Organization And Environment Essay

This paper analyzes the term ‘strategic fit’ exactly means, types of strategic fit, necessities to focus on strategic fit, and most importantly how well an organization can align its resources & capabilities with the opportunities that exist in the external environment so as to achieve peak performance in the business. Strategy of Nestle as an example to discuss how far it is true that effective strategic fit ensures organization’s resources & capabilities and what the environment exactly needs from it. Key Words Strategic, Fit, Strategy, Resource, Capabilities, Opportunities, Environment, Business Introduction It should be recognized that any strategy or management style is appropriate only in a particular set of circumstances. Strategic fit enables an organization to operate in its particular competitive situation at peak effectiveness. It expresses the degree to which an organization is matching its resources and capabilities with the opportunities in the external environment. The matching takes place through strategy and it is therefore vital that the company have the actual resources and capabilities to execute and support the strategy. Meaning of Strategic Fit The contingency theorist’s argument that performance outcomes are maximized when a firm achieves an alignment or â€Å"fit† between a firm’s external environment, its internal factors and its strategy has been well established in the literature (Burns & Stalker 1967; Lawrence & Lorsch 1967; Keats & Hitt, 1988). Nadler and Tushman (1979) theorized that the greater the total degree of congruence or fit between the various components, the more effective will be the organization, leading to higher levels of goal attainment, utilization of resources, and adaptation. Need for Strategic Fit Strategic fit is a quest to align the organization’s operation with the needs of the market. It also involves identification of the opportunities and the action to capitalize on the opportunities. Strategic fit can be used actively to evaluate the current strategic situation of a company as well as opportunities such as M&A and divestitures of organizational divisions. Strategic fit is related to the Resource-based view of the firm which suggests that the key to profitability is not only through positioning and industry selection but rather through an internal focus which seeks to utilize the unique characteristics of the company’s portfolio of resources and capabilities. Resources s Capabilities A unique combination of resources and capabilities can eventually be developed into a competitive advantage which the company can profit from. However, it is important to differentiate between resources and capabilities. Resources relate to the inputs to production owned by the company, whereas capabilities describe the accumulation of learning the company possesses. Types of Resources Resources can be classified as tangible resources and intangible resources. Tangible Resources The term tangible means capable of being touched, real or actual, rather than imaginary or visionary, definite; not vague or elusive, having actual physical existence, as real estate or chattels, and therefore capable of being assigned a value in monetary terms. Financial (Cash, securities) †¢ Physical (Location, plant, machinery) are some of the tangible resources Intangible Resources Resources that are not physical in nature are said to be Intangible resources. Corporate intellectual property (items such as patents, trademarks, copyrights, business methodologies), goodwill and brand recognition are all common intangible resources in business point of view. An intangible resource can be classified as either indefinite o r definite depending on the specifics of that resource. A company brand name is considered to be an indefinite resource, as it stays with the company as long as the company continues operations. However, if a company enters a legal agreement to operate under another company’s patent, with no plans of extending the agreement, it would have a limited life and would be classified as a definite resource. †¢ Technology (Patents, copyrights) †¢ Human resources †¢ Reputation (Brands) †¢ Culture, are some of the intangible resources. Capabilities Capabilities are what a firm does, and represents the firm’s capacity to deploy resources that have been purposely integrated to achieve the desired end state. Capabilities become important when they are combined in unique combinations which create core competencies which have strategic value and can lead to competitive advantage. Capabilities needed for strategic fit are 1. Coordination 2. Commitment 3. Competence (technology, management and leadership) 4. Communication 5. Creativity 6. Capacity management (allocation of resources) Benefits of Strategic Fit The extent to which the activities of a single organization or of organizations working in partnership complement each other in such a way as to contribute to competitive advantage. The benefits of good strategic fit include cost reduction, due to economies of scale, and the transfer of knowledge and skills (technological expertise, managerial know how), use of common brand name. The success of a merger, joint venture, or strategic alliance may be affected by the degree of strategic fit between the organizations involved. Similarly, the strategic fit of one organization with another is often a factor in decisions about acquisitions, mergers, diversification, or divestment. Types of Strategic Fit 1. Market related fit 2. Operating fit 3. Management fit Market Related Fit Market related fit arises when value chains of different businesses overlap so that the products can be used by same customers, marketed and promoted in similar ways, distributed through common dealers and retailers.

Kerouac Quotes - 1254 Words

Kerouac Quotes: 1. â€Å"A pain stabbed my heart, as it did every time I saw a girl I loved who was going the opposite direction in this too-big world.† This relates back to modern day teenage dating, which goes like â€Å"I love her so much† to â€Å"I never want to see her again.† It also shows that true love at first sight is a joke sometimes. This also shows that women are not the answer to true happiness in life. 2. â€Å"The best teacher is experience and not through someone s distorted point of view.† I love this quote because it shows that a good coach or mentor teaches someone by life experience. Also, sometimes mentors don t give us the right information to something because it is usually based on their perception. Sometimes people telling their†¦show more content†¦So the suitcases can represent all the struggles we have in life and if we cant stop because life or time does not stop until you depart from this world. 6. â€Å"But why think about that when all the golden lands ahead of you and all kinds of unforseen events wait lurking to surprise you and make you glad you re alive to see?† This is an amazing quote because it telling us that the future has something in store for us. For example, we work hard now then we rest later. It shows that all the struggles we go through in life will soon pay off. 7. â€Å"We felt silly and didn’t know what to say, and I for one didn’t want to get hung-up with a carnival. I was in such a bloody hurry to get to the gang in Denver.† Sal expresses his traveling time and how he felt about his friend. So is he trying to say that Dean isn t the smartest person around. And why is he in a rush, especially when his friend trying to enjoy himself. 8. â€Å"I was halfway across America, at the dividing line between the East of my youth and the West of my future.† This shows that life passes by really quick. And the choices you make determine the rest. Which sucks because you cant go back and fix it. 9. â€Å"I just won t sleep, I decided. There were so many other interesting things to do.† Life is full of amazing opportunities so don t waste your time. Thats what I think he was trying to show, and theirs always time to find something you like doing. He trying to show this by saying sleep is a waste of time.Show MoreRelatedThe Beat Generation Essay1538 Words   |  7 Pagesnauseas of all kinds, is the remembrance of some lost bliss that was probably experienced in the womb and can only be reproduced (though we hate to admit it) in death. (Kerouac, Jack. â€Å"On the road.†). This quote, from Jack Kerouac’s book On the Road, is a brilliant example of the overall feel of the Beat Generation. Jack Kerouac is one of the most influential writers of the Beat Generation, rivaled only by the likes of Allen Ginsberg and William S. Burrough. But what exactly is the Beat GenerationRead MoreRomanticism and Modernism as Strange Bedfellows: A Fresh Look at Jack Kerouacs On the Road12240 Words   |  49 Pagesdifferent from either Your shadow at morning striding behind you Or your shadow at evening striding to meet you; I will show you fear in a handful of dust. The Waste Land—T. S. Eliot On 2 April 1951, in a loft in New York City, Jack Kerouac fed 120 feet of Japanese drawing paper into his typewriter, and for the next 20 days or so, began typing up his â€Å"road† notes from a series of notebooks that documented his travels across the United States and Mexico. These notes were compiled andRead More Beats as a counterculture Essay1044 Words   |  5 PagesThe Beats As A Counterculture Many of the Beat writers wrote in a style known as spontaneous prose. Allen Ginsberg often writes in this style. He does so in the poem â€Å"Howl† in which he rants and raves about society via his friends – Jack Kerouac, Willaim S. Burroughs, Lawrence Ferlingetti, and Neil Cassidy to name a few, live. He discusses their poverty, civil disobedience, the ways that they fight society, and his personal fight against industrialization; he uses many images in order to allowRead MoreThe Beat Generation By Allen Ginsberg1124 Words   |  5 PagesGeneration where Allen Ginsberg, Gary Snyder, Jack Kerouac, and William Burroughs. And although their bold, expressive poetry led to great fame, this generation of poets gained a new fan base of critics who thought their work was just a way to seek attention and was not seen as serious art. Allen Ginsberg, born 1926 in Newark, New Jersey, unknowingly found himself creating a new generation of people when he was attending Columbia University and met Jack Kerouac and William Burroughs. There they exchangedRead More The Dharma Bums Aesthetic Response Essay1374 Words   |  6 Pagesjourneys of Ray Smith and Japhy Ryder would continue on infinitely, but also having the feeling of contentment that the novels ending was exactly the way in which it should have ended. I believe that this novel may have been written for me, though. Kerouac specifically outlined the life that I had been thinking about and justified it by saying that a lifestyle such as a dharma bum needs no justification except its pureness and simplicity: of which Lao-Tzu would be proud. Upon first reading, I clearlyRead MoreEssay on Beat Movement In Relation To On The Road1930 Words   |  8 Pagesattempt to influence and enlighten other people through their writings and music, but their ideas had to come from somewhere, and this was where their greatest problem came from. Members of the Beat Movement continually abused both drugs and alcohol; Kerouac shows this through the events of On The Road. One of the main characteristics of the BeatRead MoreAnalysis Of The Poem Howl 1406 Words   |  6 Pages(Ginsberg). Immediately, Ginsberg sets a stage of explaining how people were destroyed by madness of being rejected because of the way they thought of things differently from society; calling those people ‘’ best minds’’. He also mentions on the quote ‘’ negro streets’’ representing the slum where the ‘’best minds’’ lived and were carried out by the ‘’angry fix’’ of drugs and alcohol, which would be their go-to for pain of rejection. Most of Ginsberg’s writing is expressed with a lot of homosexualityRead MoreAnalysis of Ginsbergs Howl Essay2804 Words   |  12 Pagesexperienced by Ginsberg could be looked at as a case of having his work critiqued by the wrong sort of audience. There was a clear demographic of people who have since been labeled as the beat generati on, a term coined to describe authors like Jack Kerouac and William Burroughs in addition to Ginsberg himself. Ginsbergs publisher, Lawrence Ferlinghetti, predicted early on that there would be a public backlash to the release of Howl. Hoping to avoid it, he send the first manuscripts to England for publicationRead More Jack Kerouac’s On The Road - The Spiritual Quest, the Search for Self and Identity1312 Words   |  6 Pageswhat is and what is not important in life. While driving back to Testament in the 49 Hudson, Dean propositions Sal through an appeal to emotion. In passing on his philosophy, Dean eloquently states, Everything is fine, God exists, we know time (Kerouac 120). After the war, America achieved the status of economic success through the provisions of the assembly line in industries and manual labor in civil services. The 1950s became an evolution from skilled craftsmanship to mindless mechanicalRead MoreThe Hippie Movement and the Beat Movemnt1704 Words   |  7 PagesHow the Hippies got hip with the beat of the Beat Movement Jack Kerouac once said, â€Å"the only people for me are the mad ones, the ones who are mad to live, mad to talk, mad to be saved, desirous of everything at the same time, the ones who never yawn or say a commonplace thing, but burn, burn, burn like fabulous yellow roman candles exploding like spiders across the stars† (Kerouac 5). Kerouac was the symbol of the Beat Movement. He was the rebellious and adventurous man, who during his time was

The, Frankfurt, And Wolf Are All Compatibilists. They Hold...

Stace, Frankfurt, and Wolf are all compatibilists. They hold that free will and determinism are compatible. In this paper, first I will define and explain key terms determinism, free will, and compatibilism. Next, I will discuss the individual views of each compatibilist and how they object to parts of determinism; then compare and contrast their views. They all believe in parts of determinism and parts of free will, even though determinism holds we are not morally responsible and free will holds we are morally responsible; thus, they are technically incompatible. This concept will be explained in this paper. The first term relevant to this paper is determinism. (Hard) Determinism is the philosophical idea that every action and decision a†¦show more content†¦As a result, Jack gets little sleep and performs poorly on his test. Free will says that Jack is responsible for his decision to go out and, therefore, responsible for doing poorly on his test. The third key term is compatibilism. Compatibilism, also known as soft determinism, is the belief that free will and determinism can coexist. More specifically, while external forces, such as upbringing, and internal forces, such as personal desires, have influence on one’s actions, one still has the ability to make the choice (holding that they are not being physically forced to do something). For example, Jane is invited to a party. Her parents taught her that drinking has many negative repercussions but on the other hand, Jane has been overwhelmed and kind of wants to go out. Jane chooses to not attend the party. According t o compatibilism, while Jane’s decision was influenced by her upbringing and by her personal desire, she still ultimately had the freedom of choice and chose to not go. Now, the first compatibilist I am going to discuss, W.T. Stace, believed that while many of our actions are free, our decisions are not uncaused. Stace holds that we are generally in control of our decisions, unless forced to do something, and are consequently in charge of our chain of actions. To put a term to this, when a person’s actions stem from their desires the act is free and this is called freedom of action. An example to help differentiate between free andShow MoreRelatedCausal Ditermism in the Movie Groundhog Day1964 Words   |  8 PagesWhat does it mean to have free will when one cannot choose the environment in which they live in? Because the environment in which one lives in shapes their beliefs and practices, how is it they are morally responsible for their actions and decisions when they are not in control of the environment they live in? Causal determinism is a belief that everything that happens is completely caused by whatever happened before it. Furthermo re determinism implies if the conditions under which one made a choice

Religion During Puritan Times in Young Goodman Brown by...

Young Goodman Brown is a short story where the main purpose is to show the social issue of religion during the Puritan time. Although the author Nathaniel Hawthorne had not being living in that time, he came from a long line of Puritans. He wrote Young Goodman Brown to show the flaws of the Puritans’ view of religion. They made God seem heartless and mean spirited, someone who just used humans for entertainment. The short story Young Goodman Brown demonstrates that people should test their faith of their religious beliefs and even people considered upright can fall short of their own religious faiths from temptations and imperfections. In addition, the story shows that there is some degree of evil nature in everyone because of the freewill†¦show more content†¦Goodman Brown stated in the story that he came from a line of good Christian men, so he most likely knows the difference from wrong and right. In the eyes of the Puritans, his first shortfall is when he decides to take the journey in the woods. On this journey, he falls more and more into temptation. Every time he said he was going to turn back to go home, the older man always convinced him to keep going deeper into the woods. Humans have the freewill to decide what they want. Goodman Brown could have easily resisted temptation and went back home but the temptation to go deeper into the woods kept him from doing so. As the good Christian man, he is presented to be, Goodman Brown knows should not have be taking a journey into the wood. Even Faith, his wife warned him not to go into the woods because she knew something was not right about it. We as human being imperfect, we sin daily even the righteous make mistakes that cause them to fall short of their religious beliefs. The story reveals that there is some degree of evil in everyone because humans are born with the freewill to do right or wrong. As humans, we are born into an imperfect world and we have many flaws. We can choose to be g ood honest people or evil doers. The older man in Young Goodman Brown said that Goodman Brown had more evil power then he did. This older man could represent an evil spirit or even the devil himself. This line in the story couldShow MoreRelatedNathaniel Hawthornes Literature During Early America1560 Words   |  7 Pagesaddresses Puritan culture in early America, commonly focusing on the shortcomings and hypocrisies that became apparent during the numerous witch hunts. Many of his works are allegorical, using the Puritan setting to portray his own ideas about ancestry, history, and religion. While The Scarlet Letter and House of the Seven Gables are among Hawthornes most known works, he produced a large sum of work, including many famous short stories. The most important of these, Young Goodman Brown, is notedRead MoreNathaniel Hawthorne s Young Goodman Brown1083 Words   |  5 PagesThe Puritan religion played a big role in the formation of early America, therefore significant ly changing a lot of the authors who wrote throughout this time period, including Nathaniel Hawthorne. One of Hawthorne’s most known stories is â€Å"Young Goodman Brown† – a story wherein Hawthorne mixes faith and history to demonstrate humanity’s struggle with sin. â€Å"Young Goodman Brown† could possibly be regarded as a Spiritual story of symbols and inevitably as a disapproval of Puritan Calvinism. This isRead MoreNathaniel Hawthorne s Young Goodman Brown1543 Words   |  7 PagesIn Nathaniel Hawthorne s short story of Young Goodman Brown, the author uses symbolism and allegories in order to showcase the Puritan faith as well as man s conflict between good and evil. This analysis will break down the techniques that the author uses to critique the puritan society and to show the difference between how people appear to be in society and the true colors that they are hidden inside of them. There has been a lot of great authors in our time, but none more interesting thanRead MoreNathaniel Hawthorne s The Scarlet Letter1631 Words   |  7 PagesNathaniel Hawthorne is famous for his works that revolve around the Puritan society. The Puritans were very stringent in the way they dealt with rules and ways of life, and Hawthorne does an exceptional job depicting the Puritan lifestyle through his stories. Though many principles from Puritan society has made its way to form the present day American society, Hawthorne might disagree and did not believe that the good attributes originated from Puritan ways. Nathaniel Hawthorne, through the worksRead MoreShort Story Analysis: Young Goodman Brown Essay1115 Words   |  5 Pagesgreat author, but none more intriguing than Nathaniel Hawthorne. Hawthorne’s ability to weave stories through the use of complex language and early puritan society narratives has long been a topic of study amongst scholars and young adults, alike. â €Å"Young Goodman Brown† explores the idea of good vs. evil and draws many parallels to the life of Nathaniel Hawthorne. It is often debated whether man is born innately good or evil. In â€Å"Young Goodman Brown† it is possible to see Hawthorne’s stance on this.Read MoreNathaniel Hawthorne s Young Goodman Brown1492 Words   |  6 Pagesshort story of Young Goodman Brown, the author uses symbolism and allegories in order to showcase the Puritan faith as well as man’s conflict between good and evil. This analysis will breakdown the techniques that the author uses to critique the puritan society, and to show the difference between how people appear to be in society and the true colors that they are hidden inside of them. There has been a lot of great authors in our time, but none more interesting than Nathaniel Hawthorne. Hawthorne’sRead MoreYoung Goodman Brown: The Evils of Puritanism Essay1728 Words   |  7 Pages Nathaniel Hawthorne born in 1804 was an American writer who sought to resolve his conflicts with Puritanism through his writing. Hawthorne wrote several stories showing the world the horrors of the Puritan faith and the isolation of individuals who failed to uphold the faith. For Hawthorne, Young Goodman Brown illustrates the difference between Puritan teaching and practicing and reflects his own guilt about the mistreatment of men at the hands of his forefathers. Young Goodman Brown protagonistRead MoreSocial, Political, And Cultural Realms Of `` Young Goodman Brown ``877 Words   |  4 Pagesliterature to gain this understanding. Only through the close examination of unique aspects of literature do critics gain a potentially new understanding of human society and how people interact with one another as we shall come to see in â€Å"Young Goodman Brown.† While writers may delve the realms of the seemingly improbable, their writings are often based on some basis of historical truth or personal experience. In the 1980s, a literary theory known as New Historicism emerged that sought to understandRead MoreAnalysis Of Young Goodman Brown By Nathaniel Hawthorne1600 Words   |  7 PagesNathaniel Hawthorne’s short story, â€Å"Young Goodman Brown,† Hawthorne presents the tale of a young man from Salem, Massachusetts during colonial America. One night, Brown accidentally witnesses a witches meeting in the forest where he sees the rest of the town, including his wife Faith, in attendance. This comes as quite a shock to Brown and the next morning but he cannot remember whether or not the scene was real of simply a dream. Regardless, from then on Brown lives his life in opposition to theRead MoreChoices With Consequences VsThe Lottery, And Young Goodman Brown, By Nathaniel Hawthorne1296 Words   |  6 PagesTalal Almutairi Dr. Gates English 305 5 July 2017 Choices with Consequences In this paper, I shall focus on drawing comparisons and contrasts between â€Å"The Lottery† by Shirley Jackson, and â€Å"Young Goodman Brown† by Nathaniel Hawthorne. In her short story, ‘The Lottery’, Jackson uses a series of specific details and ordinary personages to describe the events leading to an unfair death. These details reveal the dangers of blindly upholding traditions and passing them to the next generations, without

English legal system free essay sample

The English legal system is a common law system, where the decisions of sitting judges in a case have future influence over future courts. Judicial Precedent binds judges by past decisions of higher courts, stare decisis, and they abide by them. This could be said to create a consistent and fair system i. e. a body of legal principles. Statutory Interpretation is how judges interpret/understand statutes, i. e. legislation set by Parliament. The two are linked in that they will help judges deal with cases in circumstances which have arisen before but also new situations where the law will need to be applied for the first time. This is where precedent is created and leads us to consider whether judges whose job it is to interpret the law should create law. A judgement has two parts the Ratio Decidendi which is the legal reasoning for the decision and the Obiter Dictum which is the statement by the way, it can be helpful in that it can contain persuasive precedent e. g. if the facts had been different. In the case of R v Howe (1986) the House of Lords rules that duress could never be defence to a charge for murder and added in the obiter that it couldnt be a defence for attempted murder either. In R v Gotts (1992) the Court of Appeal turned down the defence of duress for attempted murder persuaded by the obiter of the superior court even though it wasnt binding. Persuasive precedent may also come from a lower court such as in R v R (1991) where the House of Lords held the decision of the Court of Appeal. Here a new precedent overturned the assumption that a man cannot rape his wife. This shows that through precedent the law can evolve as society develops and absurd outcomes can be avoided that occur by simply following the statutes. Judicial Precedent can be avoided by distinguishing, i. e. the fact of the case were different. The cases of Balfour v Balfour (1919) and Merritt v Merritt (1971), were considered different as in the Merritt case there was a legal contract between husband and wife in writing where as the Balfour case was a domestic arrangement with no written contract. A judge can impose a narrow ratio definition and claim that it doesnt apply to their case as well as reversing or overruling a decision to avoid precedent. Judges avoid overruling as that would mean they were challenging existing legislation or precedent and making law rather than interpreting it. Bellinger v Bellinger (2005), showed the judges accepted they couldnt change the law regarding transgender marriage as this was the job of parliament. In the case of R v R (1991) they were careful to state they were removing a misconception rather than changing the law. Avoiding precedent disadvantages the consistency of case law and the certainty which it brings, where one could be sure of an outcome based on what has come before. Case law saves time and money as the principles of a case dont have to be reargued. It doesnt make sense to challenge an established legal rule which have been justified by formal justice (Ratio Decidendi). It does allow judges discretion and evolving technology means that is necessary as the facts are frequently changing. This means precedent is modified as interpretation of the law can change over time. It can be up to the judge whether they are bound or not, which goes against the system on which the English Legal System was founded. When making an original precedent one must be careful as this will have an impact on all future similar cases, in Hunter and others v Canary Wharf Ltd and London Docklands Development Corporation (1995) there was no precedent case so Aldreds Case (1611) and the blocking of a TV signal was equated to the blocking of a view in that it was inconvenient but not actionable. This shows another disadvantage of case law where judges can be seen to by take in the creation of law. However this sort of discretion avoids small matters heading to parliament. Statutory Interpretation is important as it leads to the creation of precedent. It is important as a word can have more than one meaning, the legislation can be poorly worded and over time language changes. For example in Brock v DPP (1993) there was unclarity over the wording of the Dangerous Dogs Act 1991. There are four ways of statutory interpretation. The literal rule takes the wording as it stands without really considering the meaning. R v Goodwin (2005) attempted to equate a jet-ski to a ship and convicted under the Merchant Shipping Act. Seeing as there was no precedent for these facts an attempt to interpret this piece of legislation in this way led to an absurd outcome. A higher court quashed the conviction seeing a jet-ski was not a navigation ship. This approach is fair in that the wishes of parliament are followed by sometimes the wording of statues causes problems in the interpretation e. g. Inland Revenue v Hinchy (1960) where it was unclear whether the fine for a late tax return was treble tax owed or treble the total tax bill. The literal approach led to a much bigger fine than was merited. Clearly this method has limitations when wording can be challenged, however it makes sure judges declare law rather than make it so keeps law creation and declaration independent. The golden rule is used when the literal rule would lead to an absurd outcome. It can be applied in the narrow sense where a word has two meanings. In R v Allen (1872) to take the word marry at its first meaning would make bigamy impossible and nobody would be guilty. Similarly Adler v George (1964) where in the area itself constituted in the vicinity of the area. Application in the wider sense is a little more controversial as judges can be seen to be making law. The wording of the statute is adapted to avoid an absurd outcome. Re Sigsworth (1935), judges prevented a son directly profiting from the murder of his mother as to take the Administration of Estates Act 1925 literally would have let an estate directly profit from an offence. Here a precedent was set and it could be said to be an instance of judiciary creativity. The situation was different in R v National Insurance Commissioner ex parte Connor (1981) but due to the precedent set in Sigsworth would have led to an injustice. This led to the courts having discretionary power on such types of case. A similar situation arose in R v Human Fertilisation and Embryo Authority, ex p Blood (1997) where a husband couldnt give consent to artificial insemination due to being in a coma, here the literal rule was used leading to a harsh outcome even though Mrs Blood had sympathy of courts. There was no reason to reject the literal rule due to certainty in the legislation and the outcome was not absurd. The mischief rule is the most flexible with respect to interpretation, the judge can ask what remedy parliament was trying to provide, i. e. solution to mischief rather than simple words of statute. In Smith v Hughes (1960) the Street Offences Act 1959 meant to stop soliciting in a public place could include attracting attention from your balcony or window. A literal approach here would have favoured the defendant leading to an undesirable outcome. In Royal College Nursing v DHSS (1981) advancements in medical science meant it was now acceptable for nurses to carry out abortions. One could say that here common sense remedied the previous uncertain state of the law which concerned back street abortions, however this case points to legislation being rewritten rather than interpreted as it was outdated. The purposive approach looks beyond the words of the statute and considers the reason for its creation. It is used when interpreting EU law which is sometimes vague having been translated from another language. In Diocese of Hallam Trustee v Connaughton (1996) a British court ruled that paying a male successor significantly more to a female predecessor in a job amounted to sexual discrimination under Article 119 Treaty of Rome, equal pay for equal work. It is important to recognise that the interpretation of statutes and judicial precedent go hand in hand. Statutes becoming outdated and can adapt a new modern meaning. Precedent may not be relevant when the science or technology changes it. It is the interpretation of statutes that creates precedent, and where possible it should be binding so that English Law remains fair, consistent and efficient. The precedent set in the Royal College Nursing case was followed in R (Quintavalle) v Secretary of State for Health (2005) that parliament couldnt have intended to leave CNR embryos unregulated. Whilst this assumes the wishes of parliament it is not possible to rewrite legislation of each development in science. Judges seem best placed to make subtle changes to statutes based on their experience and understanding of previous cases, however they must have firm legal reasoning for doing this and choosing not to follow precedent. English law allows for flexibility that avoids nonsense outcomes and discretion of judges is key to this as shown in R v R (1991). Judges must be careful to avoid personal prejudice and personal views. To not use the literal rule and to look further into legislation and asking what is considered an absurdity is already a point of view. This flexibility can as long as it is not abused be seen as a strength due to the efficiency it brings. To conclude Judicial Precedent and Statutory Interpretation play a big part in the shaping of English law attempting to provide fairness, consistency and clarity but giving judges enough room to manoeuvre where cases merit special consideration. There are critics who would say that the judiciary should only declare the law, but ambiguous legislation and subtle differences in cases due to technological developments mean that judges need to look beyond the wording to ensure that common sense prevails and justice is done.