The need for reform in criminal law - Free Essay Example

Sample details Pages: 12 Words: 3465 Downloads: 8 Date added: 2017/06/26 Category Law Essay Type Argumentative essay Topics: Crime Essay Criminal Law Essay Did you like this example? The criminal law on omissions is confusing and does not fit easily with the requirement that both actus reus and mens rea must be present to establish a criminal offence. This area of law is in need of reform. Discuss with reference to the relevant law. A fundamental principle of the criminal law is that the prosecution must prove, for all crimes, beyond all reasonable doubt, that the defendant committed both the actus reus and the mens rea (except crimes of strict liability). Don’t waste time! Our writers will create an original "The need for reform in criminal law" essay for you Create order The actus reus, or à ¢Ã¢â€š ¬Ã‹Å"guilty actà ¢Ã¢â€š ¬Ã¢â€ž ¢ for most crimes, will involve the physical act of committing the crime, such as using physical force to commit grievous bodily harm upon another person. The mens rea of a crime involves the mental element. Some crimes require specific intent, such as murder. Other crimes, such as criminal damage can be proven by a lesser state of mind, such as recklessness. The introduction should also introduce the concept of omission. [Researcherà ¢Ã¢â€š ¬Ã¢â€ž ¢s comment: The introduction NEEDS to introduce the concept of criminal liability, ie, mens rea and actus reus as it is specifically referred to in the question, which is why I have placed this here. The next logical step is then to discuss how the concept of omissions fits in. You canà ¢Ã¢â€š ¬Ã¢â€ž ¢t begin to discuss omissions until this has been dealt with.] Thus, it can be established that for the most part, the law recognises the guilty conduct of the offender in the f orm of a physical act. The essential question arises, when does the law recognise an omission to act as criminally culpable? Should the law go as far as to punish those who fail to play the good Samaritan to the individual in peril, or simply enforce a responsibility to act where there is a clear duty of care to another individual? Shouldnà ¢Ã¢â€š ¬Ã¢â€ž ¢t this be included as the introduction given that it introduces the concept of omissions [Researcherà ¢Ã¢â€š ¬Ã¢â€ž ¢s comment: dealt with above]. The law seems to favour the latter. In R v Miller[1] it was stated: à ¢Ã¢â€š ¬Ã…“Unless a statute specifically so provides, or à ¢Ã¢â€š ¬Ã‚ ¦ the common law imposes a duty upon one person to act in a particular way towards another à ¢Ã¢â€š ¬Ã‚ ¦ a mere omission to act [cannot lead to criminal liability].à ¢Ã¢â€š ¬Ã‚  An example of an offence created by statute for an omission to act, would be a failure to produce a specimen of breath under the Road Traffic Act 1988, sectio n 6(4) where a police officer has reasonable suspicion to request such a specimen. Further, a statutory offence also dealt with by the Road Traffic Act, is the failure to wear a seat belt whilst driving. One could argue that this is in fact a positive act. Although the failure to wear a seat belt is in fact an omission, in order to be guilty of such offence, the defendant must also commit the physical act of driving. Thus, there can be no offence for the omission to act without the positive act of driving. This is a good demonstration of some of the difficulties and inadequacies of the law on omissions. The common law has developed a number of categories in which a duty of care arises between certain individuals. A failure to act in such circumstances can lead to criminal culpability. The first of such categories is where a special relationship exists between the individuals. Such relationship can be between a parent and child. In the case of Downes[2] a father who belonged to a religious sect who believed in the power of prayer rather than orthodox medicine was convicted of manslaughter when he failed to call a doctor for his sick child who later died. Such duty is now imposed by statute.[3] A further example of such duty can be found in the case of Gibbins and Proctor.[4] (no explanation of case in footnotes) [Researcherà ¢Ã¢â€š ¬Ã¢â€ž ¢s comment: Explanation of cases is not always needed. It is much the same situation as the case just mentioned. This is placed here simply for further authority of this point. Further, footnotes should be for reference only.] An individual who has a duty under a contract will also be liable under the criminal law for a failure to act. In R v Pittwood[5]a gatekeeper who forgot to shut the gate on a railway crossing which resulted in the death of a person hit by a passing train was found to owe a duty in law. Where an individual assumes responsibility for another, a later failure to act could lead to criminal liabilit y. In the case of Stone and Dobinson[6] the defendants were held liable for their failure to fulfil a duty of care to Stoneà ¢Ã¢â€š ¬Ã¢â€ž ¢s sister who came to live with the defendants. The sister became extremely ill and the defendants hopelessly tried to help her, but were not able to do so. Despite their hopeless efforts, they still failed to meet the duty of care that they had assumed by becoming carers. The conduct of an individual may also give rise to a duty to act in certain circumstances. For example, in R v Miller[7] the defendant had fallen asleep in the squat where he was living with a lit cigarette. The mattress in his room caught fire and instead of taking action to extinguish it, he simply got up and moved to another room. He was held to have created a duty of care from his own dangerous conduct and by failing to take any action to prevent the fire spreading, even by merely calling the fire brigade, he was in breach of that duty and convicted of arson under the C riminal Damage Act 1971. Thus, an individual who creates a dangerous situation should be held to have a duty in law to rectify that situation and the law clearly states that this is the case. Although these five categories are clearly established in law, they are not indicative. In Khan and Khan[8] two drug dealers appealed from convictions of manslaughter as a result of supplying the deceased with heroin and failing to summon medical assistance when she went into a coma. The convictions were quashed by the Court of Appeal, where Swinton Thomas LJ stated: à ¢Ã¢â€š ¬Ã…“To extend the duty to summon medical assistance to a drug dealer who supplies heroin to a person who subsequently dies on the facts of this case would undoubtedly enlarge the class of person to whom, on previous authority, such a duty may be owed.à ¢Ã¢â€š ¬Ã‚  These quotations are to long particularly as there seems to be no analysis supplementing them. [Reseaercherà ¢Ã¢â€š ¬Ã¢â€ž ¢s comment: The analysis i s contained below. This is a clear explanation of when the law should extend a duty of care which is why I placed it here. It is also part of the public policy argument] Essentially, the issue of imposing a duty of care is one of public policy. In circumstances where the court feels that policy should dictate a duty of care in the circumstances, then this will require the imposition of such duty. Moreover, English law is based on a common law system that allows predictability through a system of precedent. For judges to simply extend the duty of care in cases where they see fit, would be to completely ignore such authority and clearly a bad path for the law to tread. As a matter of comparison, when examining the principles of causation, the common sense approach of the à ¢Ã¢â€š ¬Ã‹Å"but forà ¢Ã¢â€š ¬Ã¢â€ž ¢ test provides a clear starting point to establish causation. However, in order for the causal link to be established at law, there must be a proximate cause. As a matter of fact, such à ¢Ã¢â€š ¬Ã‹Å"proximate causeà ¢Ã¢â€š ¬Ã¢â€ž ¢ (where did this quote come from? [Not a quote, ità ¢Ã¢â€š ¬Ã¢â€ž ¢s a term referred to heavily in the case law for causation.]) is not so easy to establish, and many academics have advocated that the à ¢Ã¢â€š ¬Ã‹Å"desiderata of cause, are not causal factors at all, but matters of legal policy.à ¢Ã¢â€š ¬Ã¢â€ž ¢[9] Smith comments: à ¢Ã¢â€š ¬Ã…“If that is the case, however, we have no causal ground for distinguishing acts from omissions based on the use of causal concepts in law, since proximate cause is about responsibility, and à ¢Ã¢â€š ¬Ã…“but-forà ¢Ã¢â€š ¬Ã‚  cause does not distinguish positive from negative factors in a causal field. Negative factors are causal factors just as positive factors are. Consequently, it is reasonable to conclude that nothing in the legal treatment of causation precludes omissions being considered causes in the law.à ¢Ã¢â€š ¬Ã‚ [10] (quote to long, it should only capture the main points) [This quote explains the main points of my arguments below. It brings the aspect of causation into the argument and how, although not directly, the reasoning behind many of the omissions decisions, has been based on where the defendant has either à ¢Ã¢â€š ¬Ã‹Å"allowedà ¢Ã¢â€š ¬Ã¢â€ž ¢ something to happen, or à ¢Ã¢â€š ¬Ã‹Å"causedà ¢Ã¢â€š ¬Ã¢â€ž ¢ it to happen. The latter represents the majority of the omissions cases, where the conduct of the defendant has been more than simply à ¢Ã¢â€š ¬Ã‹Å"allowà ¢Ã¢â€š ¬Ã¢â€ž ¢ the act to happen. However, the discussion then goes on to say, in causal terms, there must at least be some difference otherwise we would not distinguish between acts and omissions. Thus, essentially, what the law is attempting to ascertain, is the difference between allowing situations to happen, and causing them to happen. (Good analysis) In this aspect, the courts have created a grey area with the analysis between acts and omissions. Airedale NH S Trust v Bland[11] involved a civil decision, where the healthcare team in charge of a patient in a persistent vegetative state (PVS), applied to the court for a declaration that it would be lawful to withdraw hydration and feeding. Essentially, the case was brought in order to establish the legality of such action and immunity from prosecution. The patient had been in his unconscious state for a considerable amount of time, with no prospect of recovery. He was being fed by naso-gastric tube. The healthcare team wanted to remove his feeding and hydration, which would eventually result in the death of the patient. The House of Lords concluded that to do so would be lawful. In arriving at their decision, their Lordships applied the acts and omissions doctrine. Under civil law, as there was no way of gaining Anthony Blandà ¢Ã¢â€š ¬Ã¢â€ž ¢s consent, the doctors could only treat him under the doctrine of necessity if it was in his best interests.[12] They had concluded that it was n ot in his best interests, and to carry on feeding him (regarded as à ¢Ã¢â€š ¬Ã‹Å"treatmentà ¢Ã¢â€š ¬Ã¢â€ž ¢) was a criminal and civil assault. Therefore, they had to remove such feeding. Thus, the cause of Anthonyà ¢Ã¢â€š ¬Ã¢â€ž ¢s death would not be the result of a physical act, but an omission. (Couldnà ¢Ã¢â€š ¬Ã¢â€ž ¢t the case be briefly discussed in the footnotes and rather more analysis and evaluation in the body) [This case is extremely relevant to the discussion, as are the points. I know a lot of detail has been spent on this case, but out of ALL the omissions cases, it raises some of the most interesting arguments and authoritative statements. The section also contains a good analysis of the decision. Both are incorporated, and it is necessary to explain the circumstances in order to critically analyse the case. Further, it carries greater weight for analysis of the doctrine. Not only does it show how public policy has discharged a duty of care, it also discusses how t he distinction between acts and omissions is difficult to make. None of the other cases have provoked such academic debate as this.] This approach is extremely controversial; as essentially, the removal of the naso-gastric tube involves a physical act, that will in fact, cause Anthony to die. In essence, this type of conduct falls under the category of à ¢Ã¢â€š ¬Ã‹Å"causingà ¢Ã¢â€š ¬Ã¢â€ž ¢ the death, rather than merely allowing it to happen. A distinction would be if Anthony were never placed on such feeding, his death would be a result of his mal-nutrition and his physical inability due to his physical inability to feed himself. By intervening and treating Anthony, the healthcare team had to then take physical action to allow him to die. Further, it would seem that the very reason their Lordships followed the reasoning they did, was a matter of policy. They were able to state that the healthcare team would not be guilty of any homicide offence because their duty of care was d ischarged by the fact that the treatment was not in his best interests. Therefore, in law they were under no duty to act and withdrawing treatment to allow Anthony to die was lawful. The discussion on Anthony seems to have become the main point of the essay, although some of the points are good, research should also focus on other similar or contrasting cases to make such points. [N.B. Discussed above] Interestingly, the analysis in Bland is quite inconsistent. Returning to the earlier case of Stone and Dobinson,[13] one could argue that in the same way, by intervening and accepting responsibility, the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s in the case had voluntarily assumed a duty of care. Thus, in Bland, the same could be said, the doctorà ¢Ã¢â€š ¬Ã¢â€ž ¢s duty of care arises from an agreement and an assumption for the treatment of the patient. In Bland, it was held that it was no longer in his best interests to carry on with the treatment. In Stone and Dobinson, the sister insisted th at she did not want help in anyway and the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s were clearly intimidated by this. Yet liability for the latter was asserted, clearly again because of policy. The fact that withdrawing treatment would cause the death of Anthony, also brings into the discussion the mens rea requirement. Even if the death of Anthony was not directly intended, it was clearly a virtual certainty of their actions and therefore a jury could have inferred intention to cause death under the approach of Woollin.[14] This approach has been further exemplified by the Court of Appeal in the decision in Re A (Children)[15] where doctors separating conjoined twins foresaw the death of one twin as à ¢Ã¢â€š ¬Ã‹Å"virtually certainà ¢Ã¢â€š ¬Ã¢â€ž ¢ and therefore had intention for murder. The doctors in the case however, were not guilty of an offence. Yet again, the assertion is one of policy. The implications of holding doctors and healthcare professionals guilty of homicide offences is st riking and the courts have to accommodate such policy decisions in their reasoning. Further, the principle that both the actus reus and mens rea must be present in order to secure conviction also plays significance in these decisions. Coincidence of both aspects of a crime is essential. Yet in certain cases, on the face of it, such principles do not coincide. The driver in Fagan[16] who accidentally drove his car on to a policemanà ¢Ã¢â€š ¬Ã¢â€ž ¢s foot, was asked to move it off, delayed in doing so, and he was convicted of assaulting the police officer. Although at the time his car initially made contact with the officerà ¢Ã¢â€š ¬Ã¢â€ž ¢s foot, Fagan did not possess the necessary intent, his subsequent actions constituted a à ¢Ã¢â€š ¬Ã‹Å"continuing actà ¢Ã¢â€š ¬Ã¢â€ž ¢ where is this quote from? [Again, ità ¢Ã¢â€š ¬Ã¢â€ž ¢s not a quote, ità ¢Ã¢â€š ¬Ã¢â€ž ¢s a point referred to continuously in the law relating to coincidence of mens rea and actus reus] and therefore, the lat er refusal to move the car, because of the intent to assault, resulted in a coincidence of the necessary elements. Allen comments that if the same facts were to occur today, then Fagan would have been convicted under the duty principle in Miller.[17] However, even if the same situation was to arise and the principle in Miller applied, then the analysis would still require the conduct of the defendant to be treated as a continuing series of events, whether acts or omissions. The difference with the latter being that an omission to act in itself brings into play a series of events that in certain situations, can be prevented. In essence, the main issue is that the law on omissions is both confusing and centered on policy. Policy interprets the boundaries of the legal duty to impose legal culpability for an omission to act. Clearly, in circumstances where policy dictates that a duty to act, or not to act, should arise, then the law will follow such approach. However, should the law go as far as to impose a general duty to act in a situations which at least something can be done to prevent a potentially fatal outcome. Thus, the member of the public who is walking on the riverside, and sees a young girl drowning, but is afraid herself to help as she cannot swim. What should she do, walk on by? Or is she expected to take a step further and attempt to rescue the girl? Well, in essence, the law could require neither. Even if the passer by were able to call for further help, or throw the life buoy to try and save the girl, this would surely discharge her duty of care, if the law were to impose such duty. French law imposes such a duty.[18] Surely, this is not so overreaching as to take away civil liberties? Every individual is entitled to the right and respect to a private life under Article 8 of the European Convention on Human Rights and Fundamental Freedoms, implemented into domestic law through the Human Rights Act 1998. However, it is unlikely that if in troduction of such duty was implemented, that one could argue that such duty was in breach of fundamental civil liberties. One would hope, for the most part, that a passer by would in fact raise an alarm, or attempt to help, but this is clearly a question of conscience and not legal duty. One option would be to follow the example of France. However, this would require a radical change to the omissions doctrine as demonstrated under English Law. One would further have to consider the scope of such duty. Would it be sufficient to describe it as a duty to rescue, as is the case in France?[19] This however, would have to be moderated, in that a duty to rescue could not impose a duty upon one person, to rescue another, in circumstances where the rescuer would be in danger, or even possibly face a hostile situation. This would surely be in breach of an individualà ¢Ã¢â€š ¬Ã¢â€ž ¢s civil liberties under the Human Rights Act 1998. One thing that is certainly clear is that the judicia ry would be extremely reluctant to implement such changes in the law. Criminal liability for such circumstances should be the subject of reform by the elected lawmakers; Parliament. One thing that should be clarified is the exact duty of care for an omission to act. One codified piece of legislation. In reality however, the case-by-case basis of the common law enables the judiciary flexibility to deal with situations as they arise and implement a duty of care when they see fit, and when policy so dictates. It also allows great flexibility in manipulating the law to coincide both elements of an offence, whether one chooses to approach the subject on the basis of acts or omissions. What the present law seems to allow, is room to impose a duty when the court sees fit, and where the court feels the defendant has done more than simply à ¢Ã¢â€š ¬Ã‹Å"allowà ¢Ã¢â€š ¬Ã¢â€ž ¢ the circumstances to occur, but can be said to have à ¢Ã¢â€š ¬Ã‹Å"causedà ¢Ã¢â€š ¬Ã¢â€ž ¢ such circumstances. S uggestions for reforms are required, not simply in the conclusion but also in the areas of law where there appears to be error or confusion in the law and there is an obvious requirement, or even contrastingly where there doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t appear to be a need for reform. Since that would appear to fully answer the question. Thank You. Bibliography Allen, M.J., à ¢Ã¢â€š ¬Ã‹Å"Textbook on Criminal Lawà ¢Ã¢â€š ¬Ã¢â€ž ¢ (5th Edition, 1999), Blackstone Press, London (there is a newer edition) [I am aware that there is a newer addition, however, I have used up to date books as well as this one] Clarkson and Keating, à ¢Ã¢â€š ¬Ã‹Å"Criminal Lawà ¢Ã¢â€š ¬Ã¢â€ž ¢ (5th edn, 2003), Sweet Maxwell, London Goff, à ¢Ã¢â€š ¬Ã‹Å"The Mental Element in the Crime of Murderà ¢Ã¢â€š ¬Ã¢â€ž ¢ (1988) 104 L.Q.R. 30 Gross, H., à ¢Ã¢â€š ¬Ã‹Å"A Note on Omissionsà ¢Ã¢â€š ¬Ã¢â€ž ¢ (184) 4 LS 308 (cant seem to find this? Afraid I only have this in paper format) Smith and Hogan, à ¢Ã¢â€š ¬Ã‹Å"Criminal Lawà ¢Ã¢â€š ¬Ã¢â€ž ¢ (10th edn, 2002) Butterworths, London Smith, P., à ¢Ã¢â€š ¬Ã‹Å"Legal Liability and Criminal Omissionsà ¢Ã¢â€š ¬Ã¢â€ž ¢, Buffalo Criminal Law Review [2001] Vol. 5:69 Wilson, W. à ¢Ã¢â€š ¬Ã‹Å"Doctrinal Rationality after Woollinà ¢Ã¢â€š ¬Ã¢â€ž ¢ (1999) 62 M.L.R 448 1 Footnotes [1] [1983] 1 All ER 978 [2] (1875) 13 Cox 111 [3] Children and Young Persons Act 1933, section 1(2)(a) [4] (1918) 13 Cr App R 134 [5] (1902) 19 TLR 37 [6] [1977] 1 QB 354 [7] supra, note 1. [8] [1998] Crim LR 830 [9] Smith, P., à ¢Ã¢â€š ¬Ã‹Å"Legal Liability and Criminal Omissionsà ¢Ã¢â€š ¬Ã¢â€ž ¢, Buffalo Criminal Law Review [2001] Vol. 5:69 [10] Ibid [11] [1993] AC 789 [12] Re F [1989] 2 AC 1 [13] Supra, note 6. [14] [1998] 3 WLR 382 [15] [2000] 4 All ER 961 [16] [1969] 1 QB 439 [17] Allen, M.J., Textbook on Criminal Law, 1999:44 [18] Article 223-6 of the French Penal Code; A. Ashworth, E. Steiner, à ¢Ã¢â€š ¬Ã‹Å"Criminal Liability For Omissions, the French Experienceà ¢Ã¢â€š ¬Ã¢â€ž ¢ (1990) 10 Legal Studies 153 [19] A. Ashworth, E. Steiner, Ibid

Green Design at Coast Guard Headquarters

Organic Farming The Effect Of The Great Depression

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Functional Movement Integration Free Essays

This is a personal health plan for a 50 year old woman who is diabetic, has had a heart attack and overweight by 30 pounds. More than seven million American women have diabetes, about the same number as men. Diabetes is a disease that forces your body to starve when it is full of food. We will write a custom essay sample on Functional Movement Integration or any similar topic only for you Order Now Normally, your body takes last night’s dinner or this morning’s breakfast and turns it into a sugar called glucose. Then it dumps the glucose into your blood, where it teams up with insulin secreted by your pancreas. The insulin carries glucose into you muscles and organs, where it provides the energy for everything you do. A drop in available insulin or the body’s resistance to using that insulin can cause  Ã‚   metabolic mayhem. With diabetes, glucose builds up in the bloodstream because it is unable to gain admission to muscles and organs. It wears on the heart, kidneys and eyes and then it flows into the bladder and passes out of the body – leaving behind damaged organs starved for fuel. Left too long, in this situation, the body powers down: Symptoms you may have attributed to stress or growing older, can, if unheeded escalate into the complications of diabetes—heart disease, stroke, blindness or kidney failure. Physical Prevention is important here. That is why, they physical part of the 12 month personal plan involves losing weight. â€Å"The higher your weight, the higher your risk of diabetes,† say Richard Hamman, M.D. professor of preventive medicine at the University if Colorado School of Medicine in Boulder. You especially need to lose weight if your body is shaped like an apple—thick in the middle. More glucose in the blood makes the pancreas dump in more insulin. Eventually the whole system breaks down, says Dr. Kohrt. Women who are sedentary probably have a 25 to 40 percent increased risk of diabetes compared to women who are more active at the same weight,† Dr. Hamman says. You must be active physically. What do we mean by this? It is like taking a walk in the morning, going up three or four flights of steps rather than taking elevators. It is doing these things every day. Psychological You must visit a massage center and have a good massage, so that your body and nerves will become relaxed and full of energy. You must plan to do this the next time you find yourself edgy. You must get a Manual Lymph Drainage Massage. This is a process done to the body in order to improve the flow of the lymph rhythmic strokes. This is used in conditions when the body is already developing edema. The process is used in several massage spas and is a great way to detoxify the body. The massage can be readjusted to a low pressure of the hands for those afflicted with some bone disease. How to cite Functional Movement Integration, Papers

Movement And Maturity Essay Example For Students

Movement And Maturity Essay It has been said, The only thing constant is change itself. A change that we all must go through is the inevitable evolution from childhood into adulthood. In Doe Season, David Michael Kaplain writes about Andy, a young girl, who makes this transition while she is on a hunting trip. In the story the author uses parallels between light, water, and blood, all things with continuous movement, to symbolize the constant changes that are a part of life. Light plays a very important role in the story. There is always a continuous movement in nature from darkness to light. Andy believes there is a clearly defined moment in which dark turns to light and expresses a desire to see this change. There has to be just one moment when it all changes from dark to light. She had missed it yesterdaytoday she would watch more closely (354). In the story the darkness represents childhood and not being self-aware. Light, on the other hand, is a symbol for self-enlightenment that comes with maturity and adulthood. Contrary to what Andy thinks, there is no precise moment when it all changes. Just like life, it is a constant process. Not only the process of light is important in the story, but also the source. At the beginning of Andys dream, she awakens and senses light, blue and pale, light where before there had been none. The moon must have come out, she thought (359). Here the author is using a foreshadowing of sorts, but to understand it, one must have knowledge of mythology. Diana, the Roman goddess of the moon, was also the goddess of the hunt. This is fitting not only because the characters are hunting, but also because the moon plays a vital role in assisting Andys transformation. Through all of these uses of light David Kaplain symbolizes the change from girlhood into womanhood. In the story Andy sees the feminine light from the moon, and then she sees the doe. From the doe flows yet another reference to change and womanhood: blood. Genesis 9:4 says that blood is the life of the flesh. Throughout history women have been known as the preservers of life. They provide care and nourishment, whereas the men are the hunters and killers. Thats what the woods are all about anywayits where women dont want to go (355). The blood Andy sees coming from the doe appalls her. When her hand was in the deer it caused her physical pain because it was not in her nature to see the pain and blood and experience the horror that comes with killing. And then her hand pulled free, followed by a steaming rush of blood, more blood than she ever could have imagined-it covered her hand and arm, and she saw to her horror that her hand was steaming (360). Andy then tried to remove any trace of the blood on her. She moaned and fell to her knees and plunged her hand into the snow (360). Women are not unaccustomed to blood. Their menstrual flow is a natural part of a mature womans life. But, Andy despised the blood that came from the doe because it represented death and pain. Blood symbolizes the flow from girlhood into womanhood, but more than that, it also illustrates the womanhood Andy is brought into. The ocean is another symbol used in the story to represent change. This metaphor, however, is complex. While it alludes to the change that is undergone, like the blood, it also represents what Andy changes into: womanhood. A womans body consists of more water than a mans. Just like the water in the ocean is susceptible to the gravitational pull of the moon, so is the water in a womans body. She is like and ocean in that she has tides. .ufd678009848cacb15cebd357e34505be , .ufd678009848cacb15cebd357e34505be .postImageUrl , .ufd678009848cacb15cebd357e34505be .centered-text-area { min-height: 80px; position: relative; } .ufd678009848cacb15cebd357e34505be , .ufd678009848cacb15cebd357e34505be:hover , .ufd678009848cacb15cebd357e34505be:visited , .ufd678009848cacb15cebd357e34505be:active { border:0!important; } .ufd678009848cacb15cebd357e34505be .clearfix:after { content: ""; display: table; clear: both; } .ufd678009848cacb15cebd357e34505be { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .ufd678009848cacb15cebd357e34505be:active , .ufd678009848cacb15cebd357e34505be:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .ufd678009848cacb15cebd357e34505be .centered-text-area { width: 100%; position: relative ; } .ufd678009848cacb15cebd357e34505be .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .ufd678009848cacb15cebd357e34505be .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .ufd678009848cacb15cebd357e34505be .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .ufd678009848cacb15cebd357e34505be:hover .ctaButton { background-color: #34495E!important; } .ufd678009848cacb15cebd357e34505be .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .ufd678009848cacb15cebd357e34505be .ufd678009848cacb15cebd357e34505be-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .ufd678009848cacb15cebd357e34505be:after { content: ""; display: block; clear: both; } READ: Autism Essay But how the tides affect each woman may be different for each. Nonetheless, there is a movement of water inside a womans body. The movement is key, not only in the physical sense, but also the abstract. Andy remembers the first time she sees the ocean, it frightened her. It was huge and empty, yet always moving. Everything lay hidden (352). .

Aurora Leigh and The Odyssey Essay Example For Students

Aurora Leigh and The Odyssey Essay In Elizabeth Barrett Brownings Aurora Leigh the conquest of the feminine is present, though its form ridiculed and its male perpetrators abased so that some measure of equity between the sexes can be achieved. Not present is the one sided subjugation which features prominently in The Odyssey, for in her adaptation of the epic form, the now female protagonist conquers and is subtly conquered herself. The Odyssey presents masculine heroism (partially) predicated on the oppression of women; for a hero to even project some semblance of authority, he must be the master of his home. The home however is the domain of women and thus the inference is made ad hoc ergo propter hoc. Odysseus conquers both mortal (Penelope) and immortal (Circe) women, while conquering (resisting) the lure of the Sirens. Even the goddess Athena is enamoured with his wit and wily charm, sending aid or bringing it in person. Thus the whole of the feminine world, both perceived and sublime is at his command, either directly or indirectly conquered. All the women he conquers make the hero, pushing him to his greatest potential. They instil in him courage, ambition and humility, and are thus integral Odysseus very being a hero. The Greek ideal of the hero therefore bases itself on dominion over the female sex. Telemachus follows this path also, for no hero he would be if he had not established social order at home with his mother, nor hanged the treacherous maids. Elizabeth Barrett Browning shows women as able in their own right however. No longer are they confined to womanly chores, but can be artists, intellectuals, they can succeed in the ultimate domain of men. A full and willing surrender to fate is not in order, the protagonist and hero or Aurora Leigh being both headstrong and female. Both the baser, in Lady Waldemar and pure, in Mariam sides of womanly nature are shown. It can be inferred that Browning means to caution while promoting freedom, for some human instincts must be controlled. Female strength however, is sometimes found in the most unlikely of places, among the denizens of brothels and hovels, in Mariam. She, having been abandoned by Romney, denies him marriage when he returns many years later proposing this. Thus Browning alters form, in her poetic justice, Romney must be rebuked, and soundly so. Another Greek dogma is abandoned with her differentiating between love and rape, love being an entity that cannot be forced upon one party. Aurora is her own woman, writing poetry for a living, and even acting as a benefactor to Mirian, a decidedly male role. Love is not conquest, nor conquest love she says: When we learn to lose ourselves, and melt like white pearls in anothers wine , equating love with a soft stupor, yet one for the better, where the self of one becomes the whole of two. Aurora struggles to assert herself, yet does so, even though the hostile forces of her aunt and Romney try to hold her back. The departure from the style of The Odyssey however is not complete, Browning muses that no epic of true value and meaning can Aurora write, museless as she is (without Romney). She finds her poetic inspiration reconciling love and her poetry (a symbol of her independence); feminist thought was not so radical in Brownings time. However, there is a clause to be fulfilled for the reconciliation to be fulfilled, Romney, once so strong and sure of himself, must be humbled. He previously sought to double himself in what he loves, and make his drink more costly by our pearls This train of thought was however equivalent to the Odysseian archetype and thus cannot be upheld in Brownings epic; change is in her opinion necessary. Aurora acknowledges her own weakness in love, and succumbs to it, but is self-critical in doing so, realising her own folly. Portraying Aurora so, Browning can be considered an early feminist, and her thought radical for her age. However, she also meant to comment on Victorian society, and its hypocritical views on women and the home. .u66e965c8cfdbfb686e6791ea8fe0c246 , .u66e965c8cfdbfb686e6791ea8fe0c246 .postImageUrl , .u66e965c8cfdbfb686e6791ea8fe0c246 .centered-text-area { min-height: 80px; position: relative; } .u66e965c8cfdbfb686e6791ea8fe0c246 , .u66e965c8cfdbfb686e6791ea8fe0c246:hover , .u66e965c8cfdbfb686e6791ea8fe0c246:visited , .u66e965c8cfdbfb686e6791ea8fe0c246:active { border:0!important; } .u66e965c8cfdbfb686e6791ea8fe0c246 .clearfix:after { content: ""; display: table; clear: both; } .u66e965c8cfdbfb686e6791ea8fe0c246 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u66e965c8cfdbfb686e6791ea8fe0c246:active , .u66e965c8cfdbfb686e6791ea8fe0c246:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u66e965c8cfdbfb686e6791ea8fe0c246 .centered-text-area { width: 100%; position: relative ; } .u66e965c8cfdbfb686e6791ea8fe0c246 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u66e965c8cfdbfb686e6791ea8fe0c246 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u66e965c8cfdbfb686e6791ea8fe0c246 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u66e965c8cfdbfb686e6791ea8fe0c246:hover .ctaButton { background-color: #34495E!important; } .u66e965c8cfdbfb686e6791ea8fe0c246 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u66e965c8cfdbfb686e6791ea8fe0c246 .u66e965c8cfdbfb686e6791ea8fe0c246-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u66e965c8cfdbfb686e6791ea8fe0c246:after { content: ""; display: block; clear: both; } READ: Everyday Use - Alice Walker’s EssayHers was the age of Victoria, of prudish behaviour, where one slip, one impropriety meant ones end. Yet at the same time, there was a surplus of women, and as often follows, a proliferation of prostitution. Marian herself becomes one, but Browning meant her not to be viewed as vile, but rather with compassion. Society made the woman, and her strength in persevering should be glorified rather than her actions vilified. In Brownings narrative, it is not only the women who are humbled, but also the men. Romney did not see clearly what Aurora deserved, and thus he is blinded literally so that he can accept and acknowledge what she means to him. He mistook his own heart, and that slip was fatal , as did Aurora, and thus they both conquer each other, entering a relationship of equals. The feminine is conquered in Aurora Leigh, but not in the sense that it was in The Odyssey. Women as heroes can agree to be conquered, once both they and their lovers have grown morally, and shed the false skin that is the collection of judgements society makes of them, and in turn expects them to believe.