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 Is Basis of Judges
This is the process through which cases between the government and individuals are reviewed on the basis of how lawful they are. We need to have that second opinion so we have an equal discussion on all matters in the United States. Interestingly he refused to adopt a creative stance to reverse a decision which he disagreed with as it was made in a creative capacity. 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 theory of natural law asserts that all law pre-exists codification. The division of power into separate branches of government is central to the idea of the separation of powers. If the judge had not had the flexibility that the mischief rule provided, a likely outcome may have been the appellants having their convictions quashed - therefore meaning that parliamentary legislation would have, in this case, been ineffective.
Judicial creativity Free Essays
The lower layer is Magistrate court; the Middle layer is District court and the upper layer is the Supreme Court. 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. Creativity is always the base and most importantly the start of something big and interesting when we try to create or build projects. For example, if a court decides that a ruling precedent is simply incorrect or that technological or social changes have rendered the precedent inapplicable, the court might rule contrary to the precedent. A final perspective which appears to be close to a synthesis of the two is the view of Lord Radcliffe. They would suggest that the judges had posited new law, derived not from morality, but social norms. The highest court is the high court of Australia.
Judicial Creativity Essay Plan (Concepts of Law)
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. For this reason, some have suggested they need more power in order to perform their task properly, others have suggested they cannot. 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. 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. Only judges operating in appellate and other high courts are able to set legal precedents by either changing the way the courts interpret a law, or offering a new interpretation that expands an existing law.
Judicial Creativity Essay
In the area of statute law at least, judicial creativity can be regarded as the exception rather than the rule. Original precedents give judges maximum creativity, due to their being no pre-existing cases or statutes so judges can create brand new law. More recent example is The Human Rights Act 1998 , which enshrined key rights in UK law. INTRO: Judicial precedent allows judges to make changes to and develop existing laws. 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.
Judges should rule on precedents, however, sometimes a court will depart from the rule of precedent if it decides that the precedent should no longer be followed. We have to admit that most of us fail to be creative for most of time nowadays. 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. In contrast, it is only judges of the highest courts who have the opportunity to create new law , and this is only when cases eventually reach the highest courts - a costly and time consuming process which can often take years; there is no guarantee that a case will even make it to the highest court, thus change may never occur. They must always ask what the law requires and not what justice requires. ADVANTAGES AND DISADVANTAGES A bicameral is two chambers; the Senate and the House of Representatives.
