Sunday, January 26, 2020

History of Medieval Welsh Law

History of Medieval Welsh Law I will first look at Roman Law as this will give me the best understanding to see if Medieval Welsh Law was built up from Roman Law, or whether the medieval law is its own unique system of law. Wales was part of the Roman Empire for over 300 years. Roman law was unlike the oral culture that Wales possessed before they arrived, as the Roman law was written enabling discipline, where everyone lived and was punished by all the same rules, so not arbitrary. The procedure of a trial differed somewhat under the Republic and under the Empire. In Republican times justice was administered in accordance with the formulary system named from the formula which was drafted by the magistrate responsible for the administration of justice in the city. Any citizen could press charges against another through a patronus acting as his advocate. The charge had to be in inscriptione (in writing), signed by both delator and subscriptores (accuser and witnesses) and delivered to the praetor (judge). Praetores were in charge of the law courts and presided over the quaestiones (jurors). The accused had to be present at the nominis delatio (making a formal charge). The delator and the subscriptores swore oaths that they would not bring false witness and penalties were given against the delator, if himself or his witnesses were later to have been found to have lied. All witnesses could be questioned and subjected to speeches attacking their credibility. Rules for permitting evidence would seem to us to have been very negligent, and the court considered the written word or spoken word as legally binding. To decide the vote, each juror in secret erased a C (Condemno) or an A (Absolvo) from a pre-marked tablet, the praetor (judge) then announced the jurys decision. Because it was easy to bring suit against another person, there were indeed many lawsuits, as people were enticed by the material rewards if a suit were won. If the accuser won his case, a praemium was given to him. But if he lost, he was deemed to have committed a calumnia (false accusation) or a praevaricatio (collusion, or conspiracy to prosecute falsely) and was fined. If a criminal was caught red-handed or confessed the deed, punishment was inflicted without trial. If he claimed innocence and was a reputable citizen, trial was held before the praetor; otherwise, he was tried in front of a triumvir. In both instances, an advisory commission (consilium) was called to determine the question of guilt. And in either case, the punishment, personally was severe. Due to the growth of the Empire trial procedures changed somewhat and a new system was created, known as cognitio. It involved â€Å"ligigation being heard and decided by the provincial governor or his nominee, the iudex pedaneurs.† Two appeals were to be allowed in every case, a principle which is still followed in civil law today and has even influenced the structure of appeals in the UK in recent centuries. (Legal history of wales book) The first step was the postulatio or application for a hearing; then, the nominis delatio, the formal charge by a delator with his subscriptores present; the consuls next summoned the senate to determine if charges should be heard as one charge or should be divided; next was the inquisitio, in which evidence was heard; debate followed and speeches were limited by a water clock then finally a vote on the verdict. The praetors and propraetors (governors) published a list of principles and formulae of their practices in the form of edicts at the beginning of each term. Although each could effectively alter the formulae, in general the list remained the same. For example â€Å"one might legally kill to defend oneself,† this is still recognised by the modern laws of today. The judge was bound to follow the opinion of the jurists where they were agreed on a point of law, but if there was disagreement, the judge was free to decide the point of law as he saw fit (book). The views of the jurists would be relied upon as legal authority Before 212AD the Britons had the status of foreigners or peregrines and lived under a separate law to the Romans. The 3 laws under the Institutes of Gaius were: Ius civile – laws for citizens Ius gentium – laws for all nations (e.g. prohibition of murder) Ius naturale – natures laws (e.g. brothers forbidden from marrying their sisters, men forbidden from marrying a cow) The year 212 AD was very significant as it enabled every free person in Britain to automatically achieve Roman citizenship. This allowed the Britons to be classed as citizens enabling to enjoy all the benefits, the right to live by Roman Law (ius civile) and acquire the protection of the law. Following 212 AD the Britons lived by Roman law within the Roman Empire for almost two hundred years, enabling a significant legal development of the native people. An example can be shown by how the welsh embraced and so faithfully maintained the Christian religion and the legal order of the church itself was grounded and remained grounded in principles derived from Roman Law. This is represented by the church saying â€Å"ecclesia vivit lege romana,† the church lives by Roman law. Roman citizenship is generally described as an combination of three private law and two public law rights. In public law, citizens had the right to vote in the legislative assemblies – suffragium, also the right to stand for certain public offernces ius honorum. In private law, the citizen had the right to trade using roman law contracts, the right of commercium, had the capacity to contract a roman law marriage, conubium, and was able to make, witness and benefit under a roman law will, testamenti factio. Sources of the Roman Law Emperors edicts Responsa prudentium – the works of the learned jurists – their writings. The jurists expressed the values of the law and decided that the law is not arbitrary and must conform with standards of justice. The jurist Ulpian wrote, â€Å"Justice is the constant and perpetual wish to give every one their due† The jurists were an important professional class who practised their skills independently of those who argued cases before the law courts as jurists concentrated on jurisprudence. Jurisprudence was to be defined by the jurist Ulpian â€Å"as the knowledge of things human and divine, the source of what was just and unjust.† Ulpian also defined justice as â€Å"the constant and perpetual wish to give to everyone their due† This definition underlies the roman practice of allowing slaves and peregrines to earn freedom and citizenship by good works. The writings of the jurists were however a source of law in their own right. â€Å"It is significant that this source of law, quite foreign to the later common law of England, was to have its counterpart in the high respect accorded to jurists in the native welsh laws.† The father as a parent was important under roman family law, as they saw the family unit a legal unit and thought it was important to protect. In roman law the family unit is greater and more powerful than the common law today. The head of the family was usually the father and was known as the paterfamilias. Roman Law was ahead of its time in terms of equality for example with Property Law, When property was inherited it was split between all children, not discriminatory like most cultures e.g. sex/race discrimination. So adopted child has the same status and right as a natural child. Concept of anybody – any country, had black generals, by your behaviour you became a roman. Shows they were ahead of their time in concept of equality. 3) For perhaps a thousand years the native law of wales has been known as the law of hywel or cyfraith hywel in welsh or lex hoeli in medieval latin – from law of hywel dda. Cyfraith Hywel, the law of Hywel, was the name by which their native law was known to the Welsh in medieval times. The law of Hywel lost its primacy after the conquest of Wales by Edward I and the passing of the Statute of Wales in 1284, but it remained an important ingredient of the law administered in Wales until the Act of Union in 1536 His reign was a peaceful one. Hywel was in a position to promote reform and uniformity in Welsh law. The law of Hywel was based on tradition rather than king-made, and is believed to have been adapted from existing laws. Some aspects probably predated his lifetime. The law did not overly stress the power of the crown, but mostly aimed to protect the people of Wales. The native laws were the recorded customs of the people, which is distinguished from Roman Law (the laws of the Emperor) and Canon Law (the laws of the Church. One advantage which Welsh law enjoyed in the political storms of the thirteenth century was that it had written form. Already in the twelfth century it was felt to be an embarrassment if law remained unwritten. Roman law was embodied in texts, and with the great legal revival of the eleventh and twelfth centuries it was felt that any law worthy of the name should be written. Hywel dda’s objectives was to examine the law, through this to validate and amend the current laws at this time, even introduce and remove laws, promoting a unified concept of Welsh law For centuries to come, living under the Law of Hywel would be one of the definitions of the Welsh people. There was a distinction between south and north wales Title/role Rome Medival welsh law Judge/presider Praetor or magistrate Elected Has consilium of three legal experts to consult In south wales, local lord would be the judge, with the advise of a lawyer, and the church would have its own courts for ecclesiastical matters. North Wales, a professional judge decided cases.. Roman influence – law reporting, use of formula Jury Quaestiones 32 to 75 jurors, depending on type of case Chosen from album judicum, list of men of senatorial or equites class Verdict decided by majority vote Usually 12 jurors Selected from a panel of citizens Individually examined, accepted, or rejected by prosecution and defense Verdict usually must be unanimous Verdict C = condemno, A = absolvo By secret ballot Result announced by praetor Guilty or not guilty By unanimous decision but each jurors vote can be polled in open court Decision read aloud by judge Prosecutor Accusator Private citizen Public official elected or appointed Defense attorney Patronus or advocatus May not accept money, although favors allowed Professional lawyer Accepts retainer or fee or works pro bono publico Defendant Reus Innocent until proven guilty Kept under house arrest or imprisoned until trial Usually in private home Innocent until proven guilty Imprisoned or free on bail or own word until trial Witnesses Subscriptores, required by magistrates subpoena Subpoena can be issued Clerks Scribae to record events Recorder/stenographer Makes word-for-word transcript of proceedings (required in event of appeal) The lawbooks do mention some practices which are confined to particular parts of wales, but we shall see that their compliers felt quite free to draw their material from any part of wales with the assurance that it was good law for any other part. –maybe from book Welsh Medieval Law contains many similarities to the Roman Law that came before it. An example of this is clearly shown with the law of marriage. Both traditions were contracted informally, without ant ceremony, the mutual intention of the couple to live together as man and wife being sufficient. Boys had to be of the age fourteen and girls twelve, but the girl could not bear children until 14 and not after 40 years of age, this is developed from the same principle as Roman Law. In roman law didn’t discriminate between married and cohabiting couples. Especially in context of children. Status of illegitimate children is still a controversial issue today. Married women held their own property (but not land) and although came under the protection of their husbands, had rights as members of their own family. The wife would be granted a dowry by her own family, her gwaddol and she would be given a share of her husbands property, her agweddi. The husband giving wife agweddi depending on how you analyse it, as looking at it from as modern day viewpoint then it appears discriminatory. But back in the period of Hywel Dda the elements of welsh law did protect women, even though it was still a male dominated world the women had a far better status than the laws of England at the time provided for them. After the consummation of the marriage, the wife’s husband would give her a gift known as the cowyll and would also pay her arglwydd an amobr, a payment for taking her virginity. The church began to increase its powers with the law making decisions, and set out prohibited degrees of marriage, and objected to marriage as far as fifth cousins. The welsh did not agree with this and so were in constant breach of this canon law. However the Romans had a different viewpoint and allowed 2nd cousins to marry which was the same line the Welsh followed. The Welsh law on marital separation was also similar To Roman Law, if the marriage was dissolved within the first seven years then the wife kept the bounty that she had received at the time of the marriage. If the marriage was dissolved after seven years, the matrimonial property split according to the rules laid out. The rights of the parties also depended on whether the repudiation was with cause. A man could repudiate his marriage if his wife was immoral after marriage, had lost her virginity before marriage, or if there was an underpayment of gwaddol by her own family. A women could do the same if her husband had committed three adulteries, was impotent, had bad breath, or if he introduced a concubine? To the family home. With regards to Roman law marriage would be terminated if either party repudiated the other (repudium) or both agreed that the marriage was at an end (divortium). The position of women under welsh law differed significantly to that of their Norman-English contempories. Women remained independent and not considered to be the property of father or husband in the same way. The welsh lawbooks have a combination of crudity and sophistication in the texts, this can be seen on the law of women. Welsh law showed its equitable and just side by not recognising any distinction between children born within wedlock and those born outside. This was important when determining liability for compensation in the event of commission of wrongs by or towards the child. I will now look at land law where the uchelwyr enjoyed land rights collectively, with the penteulu, the head of the household nominally in charge. The name for this family holding was gwely, the soms would inherit jointly in equal and individual shares for four generations. However when the father died the property was inherited by the sons only. [I think roman law was more equality based]. Land could not be taken forcibly from lawful owner which is based on roman law. With regards with property other than land, other property was inherited by all the children in accordance with the law. The wife kept half of her husbands property and the remainder of the land was split with sons taking equally and then finally daughters taking half of that which the sons received. However in certain parts of South Wales, the Roman influence ensured that daughters inherited in equal shares with the sons. With roman law once the paterfamilias died the family inherited it as a group a unit. In order to split the property between themselves as individuals they had to do so by initiating a procedure an action familiae erciscundae. Otherwise they could continue to hold the property collectively in a consortium. Water, air and land were open to all, and unoccupied land could be possessed and later owned, if it had been in uninterrupted possession for four generations or more, this also resembles roman law of setting limitation periods for the highly valued land. Childless couples can adopt children and adopted child has same rights as natural child. Even if the father then remarries and has children, then the adopted child is still the first child and the next in line of the paterfamilias. Unjust roman laws – being able to discard children who were unwanted (as in with disabilities) but they didn’t have the medical resources that we have today. Plus they thought of disabled children as living with sin. Paterfamilias could put to death his children and his slaves for any act of disobedience or disloyalty. After observing the welsh medieval law it appears to echo Roman law, however one difference I have noted is that welsh law did not recognise the roman distinction between sale and exchange. A main reason to this may do with the limited supply of minted coins in wales so unable to carry out commercial transactions, and instead carried out echange described as cyfnewid. So in this aspect Welsh Law of Hywel Dda was not as sophisticated as roman law, but Welsh law evolved in a certain way to deal with the economy. The basis of criminal law in medieval welsh law was the â€Å"three columns of the law,† which were homicide, theft and arson. In regards to homicide a killing had to be intentional for there to be punishment, and an unintentional killing would be resolved by compensation only. No compensation payable if the victim deserved to die, only due in the case of accidental killing, galanas. A physician was liable for the death of a wounded man to whom he gave treatment, particularly when he had failed to apply the skill expected of him. This is recognised in our modern laws of today as a form of professional negligence. A relict of Roman law is the ritual in confronting the thief, and gaining admission to search premises and requiring the suspect to swear as to whether the property was in possession. A judge who gave a wrong judgement could be sued, the roman equivalent to this law is known as qui litemsuam fecit. In medieval wales theft was regarded as a very serious crime and compensation and punishment was awarded. In addition to compensation for the damage caused, there was another form of compensation the sarhad. Sarhad means an insult and has to be intentional, the roman comparison is the iniuria. As can be clearly identified Welsh law differed to roman law on being a legal system that was compensation based rather than punishment. The reason this may have been the case is due to people in medieval wales saw compensation as a more just payment and solvement of the case. As the economic value in wales was very poor, more people probably would rather the money or equivalent to the money than justice served. So making amends is better than punishment being carried out. An issue to this was that those who were financially stable would be able to be above the law and commit crimes as they could afford the compensation and wouldn’t have to worry about the repercussions of their actions. As you look more in depth at the law of hywel dda as the state grew stronger, punishment was becoming more important but compensation still had priority. The payment was meant to buy off the vengence of the other group and prevent a blood feud arising. At the time of medieval Wales the law on issuing compensation rather than punishment to the welsh people probably appeared to them as sophisticated and just. However to modern eyes the Roman law model appears more equitable and just as they punished those at fault and is like our legal system of the 21st century. â€Å"The detail the law books supply with regard to the judicial process of the welsh laws go far to revealing their sophistication.† The administrative system of medieval Wales is like the roman jury system. The sophistication is provided by the roman model as this is the template that is adapted to fit in with the welsh system. â€Å"Different forms of witness were of acute concern to medieval lawyers, for in an age without police or forensic science the problem of proof was particularly difficult. Moreover, in a small-scale society, the difficulty of obtaining impartial witnesses might be severe.† The judge placed specific emphasis on quantity of witnesses, as they believed the more people you had on your side the stronger your case. Yet quantity isn’t quality, as you could have fifty witnesses who are all liars, better to have one truthful person which our modern law system is based on today. It is also equity based as the medieval welsh law followed the roman law and didn’t go back to the Celtic times of trial by ordeal and instead stayed sophisticated with a legal system put in place by the Romans. The Romans introduced a legal system which is a hallmark of their system, even though it was expensive as they had to give jobs for the legal professions, justice was above this they wanted it to prevail. A clear and distinctive identity of welsh law is the treatment of foreigners, where they provided privileges for visitors like food and shelter. This maybe due to the type of society formed as Wales was a close knit nation, needing tourism. Furthermore the Law of Hywel Dda was mainly written in Welsh furthering its distinctiveness of welsh laws. The laws of courts contain discussion of the status of the king, the members of the royal family. The queen was allotted 1/3 of the kings income for her personal use and that she is accorded a status greater than that of any of the court officers. This reflects the higher status enjoyed by women under the laws of Hywel Dda than in most contemporary legal systems. –maybe from the book. The Roman legal system is indeed different from what we follow but there are parallels in the roles of the participants, in the value of established procedure and precedent, and particularly in the many Latin terms and phrases that are still part of our legal language today. Romes continuing influence on society today is apparent in the government structure and legal system in use in much of the western world. One of the most sophisticated and practical systems of jurisprudence which the world has so far produced, and one merits of which allowed it to re-emerge in not just the medieval law but the legal system of Britain today and as the basis of the family of legal systems known as the civil law. Even the Welsh Dragon of our nations flag is actually symbol of authority by Romans. Welsh laws are officially regarded as the customs of the people. Distinguished from Roman law, laws of the emperor and medieval welsh laws are different. Enforce a law rather create law. He saw himself as a ruler/governor of Wales not as an emperor, so saw himself as enforcing things. I think that Roman law was the initial building bricks for the construction of law we know today and even though certain aspects of the law of hywell dda is unique to welsh medieval law, the main foundation is roman.

Saturday, January 18, 2020

Extended Family Cover Essay

Survey respondents believe that women are not as â€Å"internationally mobile† as men, yet 80 percent of female expatriates have never turned down a relocation, compared to 71 percent of men. A second powerful assumption is that women encounter more work-life conflict while managing a global schedule. However, nearly half of both women and men report that they find work-life balance difficult. Finally, survey respondents believe clients outside the United States are not as comfortable doing business with women as they are with men. In fact, 76 percent of women expatriates said being a woman had a positive or neutral impact on their effectiveness overseas. Both women and men, managers and human resources executives, hold the preconceptions that emerged in this study about women’s ability in the international arena. Yet paradoxically, 90 percent of female expatriates, 91 percent of women with global responsibility who haven’t relocated, and 93 percent of men married to expatriates said they would accept their current assignments again. In fact, current expatriates (85 percent) and former expatriates (86 percent) believe global experience makes them more marketable to other companies. Compared in the past, companies at present become more open in having women as part of the workforce and consider them in equal footing as their male employees. Working Woman magazine cited Philip Morris as a company where 31 percent of all managers are women. With respect to international assignments, Philip Morris makes sure that women are tapped for those assignments. Another company, Hewlett-Packard, has a woman leading the company. The chair, president, and CEO of Hewlett-Packard is Carly Fiorina. She makes Hewlett-Packard one of only two companies in the Fortune 500 with a woman as chair, president, and CEO. Hewlett-Packard, which has a strong international presence, has a long history of supporting and promoting women (Palagano & Lee, October 2005). The next items are the list of favorable companies that provide as much benefits to working mothers in their organization: Microsoft, Bacardi and Computer Associates all offer family healthcare benefits packages for partners and their children. It helps to maintain high worker performance and establishing a caring reputation are the important motivating factors, as employers believe satisfied employees will spread the word about a company’s practices (â€Å"Extended Family Cover,† 2004). While BMW Plant Oxford, manufacturer of the Mini Cooper, presents different options of flexible, voluntary family benefits, that include insurance products, dental coverage and healthcare cash plans; workers have an option to devise their own benefits packages tailored to individual family needs. BMW also offers family social events, it is one of their strategies to improve worker morale and performance, intensifying job engagement and encouraging better relationships among employees (â€Å"Extended Family Cover,† 2004). IBM provides its employees with schedule flexibility, extended personal leaves and dependent care referral services. Also, IBM has recognized the need to conduct training programs that sensitize its managers to the problems that employees may encounter as they try to balance family and job demands. (â€Å"Extended Family Cover,† 2004). A pioneer in lactation support benefits, Procter and Gamble (P&G) has such programs at all its major worksites and in most of its production plants. This kind of strategy has helped maintain high morale and retention rates. It is also enhanced productivity and reduced absenteeism among female workers. Mothers schedule their own breaks in lactation rooms that have hospital-grade pumps, refrigerators for storing milk, curtained-off nursing stations for privacy and a supply of educational materials along with a registered nurse for onsite support (Callahan, 2005). Aetna Inc. ‘s Mothers at Work program, which received a 100% satisfaction rating from participating nursing mothers, has lactation rooms in its 50 locations and an in-house Web site with information for breastfeeding mothers returning to work. Nursing mothers receive an individual pump and professional lactation consultation. In 2004, 62% of Aetna employees nursed for six months, as compared with the 27% national average of nursing mothers (Callahan, 2005).

Friday, January 10, 2020

The Female Archetype in Shakespeare: Marriage and Love

The thesis for the following paper will be presented as marriage as a theme in Shakespeare’s play as it is applicable to character development in female characters.   Shakespeare’s   portrayal of women in A Midsummer Night’s Dream will be one focus of the paper.   Another theme and thesis supporter of the paper will be presented in the fact that in Shakespeare’s play the theme of love is integral to the plot for both a comedy and a tragedy, as such the presence of love in women will be examined as a transitional tool. Other avenues of discussion in this analytical paper will include mothers, female prophecy, and virginity, and as Rackin states, â€Å"No woman is the protagonist in a Shakespearean history play.   Renaissance gender role definitions prescribed silence as a feminine virtue, and Renaissance sexual mythology associated the feminine with body and matter as a opposed to masculine intellect and spirit.† (329), thus, women could not be considered even a main character in these plays unless she became married, or as in A Midsummer Night’s Dream the woman sacrificed herself for her male counterpart. Shakespeare’s play A Midsummer Night’s Dream is not only an allegory, but within the story there exists another allegory.   Shakespeare creates a play in which events take place as they would in the real world, or seemingly so, but juxtaposed with this storyline Shakespeare includes a second story with Oberon and Titania thus presenting to the audience a layered story.   Aristotle wrote that art is an action which is defined through mimesis; as such, the play A Midsummer Night’s Dream is written partly as a dialogue of the possibilities of life (as can be witnessed with the humans of the story) and partly as a dialogue for the fantastical (as is written pertaining to the faeries of the play). The argument then arises from, Jacobus, that offers, is drama an imitation of life, or is life an imitation of drama, and in Shakespeare’s play, the answer is cleverly disguised between his layering of reality in fantasy in which the real becomes so engrossed in the fantasy, as if the scenes set in the forest are each under the spell of Puck.   It is in Puck’s reality that all of the protagonists exist and thereby the answer to Jacobus’ question may be analyzed. The theme of Shakespeare’s play can aptly be stated as ‘love in idleness’ since this is also the name of the flower Robin Goodfellow or Puck uses to cause the characters to fall in love with each other (Lysander with Helena then Demetrius with Helena and as Oberon uses it to cause Titania to fall in love with Bottom) Yet mark'd I where the bolt of Cupid fell: It fell upon a little western flower, Before milk-white, now purple with love's wound, And maidens call it love-in-idleness. (Shakespeare 2004; Act 2 Scene 1) In this plot, it is revealed that drama in part is imitating life.   Love in idleness is a circular event in life that seems abysmal in its foreplay, and desperate in its reality.   As each character falls in love with the wrong character, or is forced to fall in love with another person, Jacobus’ claim that characters are the building blocks of allowing the audience to identify with the actions of the play as they relate to their life, is succinctly pandering to Aristotle’s concepts of drama in imitation of art. The characters frolic around the wood, hopelessly in love with one another, and loved by the wrong person, as is shown in the four couples Lysander, Hermia, Demetrius and Helena while the faeries in turn present the audience with how ridiculous this love in idleness is defined in showing Titania in love with Bottom who has been transformed into a donkey.   Aristotle’s definition for a tragic hero is one who is not in control of his own fate, but instead is ruled by the gods in one fashion or another (Jones 1962). The theme of Shakespeare’s play delves into the morality of his intent to present the audience in stride with how to perceive their own lives and loves in relation to the events that transpire in the woods.   In context of the play, Aristotle’s mimesis gives the audience a chance to pause and consider the motive of love both in terms of the reality that Shakespeare delivers with Lysander, Hermia, Demetrius and Helena and the motivation of love when it is juxtaposed with Titania and Bottom. As Jacobus states, although drama has the ‘capacity to hold up an illusion of reality like the reflection in a mirror: we take for granted while recognizing that it is nonetheless illusory’ (Jacobus 2005; 1-2).   Thus, it may be extolled from this statement that illusion transforms the allegory of the play into applicable terms whereby the audience becomes not only immersed in the play and its actions and characters, but also takes those actions and characters to stand as testaments to their life experiences. The fact that the characters lose themselves in a maze of darkness and fog and awake approached by Theseus and Hippolyta who are likened to the gaurdians of the play or the characters of reason, stand in testement to the actions of the characters and it is accepted that Lysander and Hermia are united and Demetrius and Helena join together in a group wedding. Shakespeare’s play however does not end there but continues with the theme of love in idleness with the mechanicals performing the myth Pyramus and Thisbe in which both lovers kill themselves because each assumes the other is dead.   This is Shakespeare’s way of contributing both the graceful and loving end of one story, with the humans in the forest, as well as showing with this play, how love may go awry and become a tragedy.   The love in idleness theme is subsequently debunked in Shakespeare’s play merely by the endings in which even Oberon and Titania reunite. Jacobus states, â€Å"The action of most drama is not drawn from our actual experience of life, but from our potential or imagined experience† (Jacobus 2005; 1-2), thereby exhibiting the idea that a play can give the audience different proscenium displays or possibilities by which they may lead their life, or a review of what life may become.   The subject of drama as it applies to life then becomes more focused on avenues of probability and possibility. Thus, in Shakespeare’s play A Midsummer Night’s Dream the audience envisions three different chances of love; with the humans, with the faeries and with the doomed lovers as performed by the mechanicals. Drama then is a way in which a person may identify with fictitious characters and design their own possibility of pleasures through that character.   Often times drama leaves an audience member questioning life, be it positive or negative and thereby adhering to Aristotle’s ideas of reflection, and it is this reflection that makes us human.   In being given these different paths of love in A Midsummer Night’s Dream the audience is given the oppurtunity to envision life differently and vicariously through these characers. In fact that is the purpose of drama, to present the audience with a vicarious option of examining life.   Although there is no ritual or religious interpretation associated with drama today (unless the playwright intends it) the genre of drama is best described as not only entertainment but a tool by which reality may be examained through make-believe characters in real life situations and themes. In the theme that is present in Shakepeare’s Midsummer Night’s Dream love in idleness is a very prevalent topic.   Although each character in the play has a deep devotion to another character such passion is lost in the woods when the characters are left to the devices of Puck, and his chicanery.   The guiding light of love in this play may best be seen with Oberon and Titania as they are the ruling factors of love.   Their love however has been thwarted due to the presence of an Indian child and the jealousy of Oberon and the bullheadedness of Titania.   The theme within the theme in this context may best be described as compromise. The relationship between Oberon and Titania my be defined as a quintessential part of the character develoment between male and female, â€Å"†¦Shakespeare depicts male protagnosts defending masculine†¦projects against both female characters who threaten to obstruct those projects and feminine appeals to the audience that threatedn to discredit them.   IN shakespeare’s later†¦plays thos rfeminine voice become more insistent. They both threaten to invalidate the great, inherited†¦myths that Shakespeare found in his historiiographic sources and imply that abefore they masculine voice†¦can be accepted as valid,it must come to terms with women and the subversive forced they represetn.   However, as soon as Shakesperae attmpts to incorporate those feminine forces, marryign words and things, spirit and matter†¦(it) becomes problematic†¦Ã¢â‚¬  (Rackin 330). This statement suggests that if Shakespeare did not marry off his female characters the audience would believe it as possible nor would they accept it.   In the case of Titania and Oberon, it is Oberon’s masculinity that must make Titania’s will submissive to him and to give him what he wants (in this case her Indian).   In this case, the two characters are already married and this struggle of wills suggests that a man must constantly be domineering and gain what he wants through force and trickery. This shows that the dynamic of marriage in Shakepseare’s plays is exhibited with force.   In the other characters in the play, the one’s who are not yet married, that is Hermia and Helena, they are full of anticipation to get married but both had to first experience what it was like to not have their counterpart and suffere through the period of not being love; neither of the men truly suffer in A Midsummer Night’s Dream, which suggests that Shakespeare’s female characters must prove their love, while the men of the play have no such duties. The difference then between the marriad and the unmarried woman in A Midsummer Night’s Dream is that the unmarried women must convince the men that they are loved while the married woman, Titania, must re-learn obedience. The theme of love is envisioned well in this play as Shakespeare chooses to focus on the power of love through marriage as a tool of union.   In union is found the relevance of transisiton.   The characters in A Midsummer Night’s Dream only become fully aware of their own intentions and feelings after they are given the drug from Puke and spend the night in the forest.   When awakened each character realizes their true desires.   In these desires in the morning the women are quieted because they feel as though they have seen the measure of their desire reflected in their male counterparts and as such it is only through marriage that they may be tamed.   Thus, Shakespeare’s female characters are revealed to be counterparts. This essay has argued for the interpretation of Shakespeare’s characters in A Midsummer Night’s Dream to be the classical female archetypes such as wife, or lover.   The plan in the play reveals how women are induced to persuasion and almost hypnotized by love and desire as is seen with Titania, Hermia, and Helena.   Each character is in love, and at the end of the play this love becomes true instead of the farce of the beginning and middle of the play.   Love is the conquering power over women in Shakespeare’s A Midsummer Night’s Dream. Work Cited Jacobus, L.   The Bedford Introduction to Drama.   Bedford St. Martins.   2005. Jones, John. On Aristotle and Greek Tragedy. New York: Oxford University Press, 1962. Levin, R.   Feminist Thematics and Shakespearean Tragedy.   PMLA, Vol. 103, No. 2 (Mar.,  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   1988), pp. 125-138. Price, J. R.   Measure for Measure and the Critics: Towards a New Approach. Shakespeare Quarterly, Vol. 20, No. 2. (Spring, 1969), pp. 179-204. Rackin, P. Anti-Historians: Women's Roles in Shakespeare's Histories. Theatre Journal, Vol. 37, No. 3, Staging Gender. (Oct., 1985), pp. 329-344. Shakespeare, W.   A Midsummer Night’s Dream.   Washington Press.   2004.

Thursday, January 2, 2020

Essay on Four Themes in The Kite Runner by Khaled Hosseini

The Kite runner is the first novel by Afghan-American author Khaled Hosseini, published in 2003 by Riverhead Books . It takes place before Afghanistan’s revolution and its invasion by Russian forces. The kite runner is a vivid and engaging story that gives a picture of how long Afghanis struggled to triumph over the forces of violence, forces that threaten them even today. In this novel , four themes have been introduced, first of all Redemption is a way to make up sins committed , secondly, Adversities contribute to a person’s personality , thirdly , Fear can lead to severe mistakes and long term consequences, before last, After pain and struggles come survival and lastly, Friendship is the essence of a bond that seek the best mutually.†¦show more content†¦It affected Amir because he had a high regard on their relationship. â€Å" A boy who won’t stand up for himself becomes a man that can’t stand up to anything â€Å" . This quote foreshadows how Amir would not stand up neither for himself nor for other people such as Hassan. Indeed Amir have made several mistakes , for instance when he was spectator of his half brother getting sexually assaulted but did not try to rescue him . Amir did not act well but from another perspective he benefited from his bad actions to change into a better person, he learned how to be patient and how to catch up for bad sins. Thereupon, personality can not be toughen without adversities , they made Amir the person that he became, a man who stood up for his dad and who sought the best for Sohrab . Fear can lead to several mistakes. During the kite tournament, while Hassan wanted to grab the blue kite for Amir ( Hassan always in favor of Amir ) . The trio surrounded him, then Assef raped him. Amir was standing , his eyes were witnessing some terrible things happening to the guy that have always cared and defended him , but fear took over Amir. If he had maybe showed his presence , all the comingShow MoreRelatedAnalysis Of The Kite Runner By Khaled Hosseini1422 Words   |  6 PagesPranav Dantu Mr. Bal Honors English 10 20 December 2017 The Kite Runner by Khaled Hosseini Summary: The Kite Runner is a historical fiction novel written by Khaled Hosseini. The novel is written in a first-person point of view tracing the journey of redemption of an Afghan native named Amir. Amir grows up wealthy and privileged by Afghan standards and is surrounded mostly by his father and his friend, Hassan. Hassan was a less fortunate boy who belonged to the lower caste of the Afghanis, the HazarasRead MoreLiterary Analysis : The Kite Runner And Oedipus Rex1292 Words   |  6 PagesThe Kite Runner Oedipus Rex: Literary Analysis Essay Although The Kite Runner and Oedipus Rex differ from the style in which they were written and by the authors who wrote them what they do share are common themes. Both the play and the book share two major subject matters. 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Both â€Å"The Namesake† and â€Å"The God of Small Things† are examples of post-colonial literature. Through their themes and settings, they both show the repercussions of post-colonialism, cultural shift, suppression, migrationRead MoreThe Kite Runner - Reading Logs7885 Words   |  32 PagesThe Kite Runner Reading logs NV1D Reading Log Task One, Part I. [13.01.12] The author of The Kite Runner, Khaled Hosseini, I think can be portrayed as the protagonist Amir for several reasons one of which is that he himself was born in Kabul, Afghanistan, in 1965. I think that, because of the fact that he was born in Afghanistan, it has contributed to the novel in the aspect of which that the place is not entirely random. Like, if I wrote a book I wouldnt write a story based in perhaps the UnitedRead MorePersonal Project4460 Words   |  18 Pages The Area of Interaction (AOI) I have chosen for my Personal Project is mainly based on one AOI, Health and Social Education. 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