The Importance of Books and Ideas to Overpower Censorship - Free Essay Example

Ray Bradburyrs, Fahrenheit 451 novel details a dystopian future in which a firemen receive orders to burn books, therefore, the public consists of people who are oblivious and controllable because of government control. The title refers to the temperature at which book paper burns. Throughout the book, Fireman Guy Montag lived the last ten years supporting government oppressing until multiple events including talks of a war lead him to glance at the things he was censoring. In the beginning of the novel, Guy and his co-workers, including a robot dog, ferret out books and burn them under orders from the government (Moss). While meeting a young woman one night, clarity is brought to his mind and he begins to question his own ethics which leads him on a significant journey. Through the character of Guy Montag and the symbolism of the firemen system, Bradbury reveals how books and ideas can overcome an oppressive dominion imposing censorship. Throughout the novel Fahrenheit 451, censorship is revealed from the effects of McCarthyism and post World War during the 1950s. Upon meeting a young girl, Guyrs character changes because he believes that he being fed with lies by the government. Shortly after meeting Clarisse McClellan, Guy Montagrs eyes are sprung open behind the fireman system. The work hers been doing for the past ten years is questioned by his own self and the thought if he is truly happy. She looked at him with wonder and curiosity. ?Are you happy (Bradbury 7). As Montag first meets Clarisse, he finds her very odd because he never questioned his way of living or looked beneath the surface of life. Almost as he was chosen to be a fireman instead of the other way around. In society today, Clarisse would not have been known peculiar. But in the novel, Bradbury reveals the government has censored the standardized way of living. In the book, the botched society relates to the era where the Nazis ruled over Germany a nd in which Americans were blaming another for being communist. Like in these countries, the government in the novel make peoplers ideas and thoughts of any philosophy gone or clouded. Just like in the beginning of the book, Clarisse noticed how dull and meaningless everyone around her thought, and she eventually disappeared along with her family because they were not like everyone else. According to Joyce Moss, Clarisse McClellan, an almost-seventeen-year-old girl who wants to live freely and question everything, changes guyrs life. He becomes curious about books and and how their censorship began (Moss). Clarisse changes Guyrs life because she gains his trust as a friend, Montag says she is more mature than his own wife. Even Montagrs wife Mildred lives under the systemrs rules and laws. She spends her days watching television, creating an intimate relationship with the characters on screen. When Montag tells her to turn of the parlor. She tells him, thatrs my family (Bradbury 49). Mildred has been consumed by conformity, just like everyone els e, Montag begins to see how the fireman system is a lie that censors peoplers ability to think and read books. Analyst Bloom mentions how the programing is simplistic and subject to extremely rapid altercations, designed to keep citizens entertained, content, tractable, distracted, and divided (Bloom 16). The fireman system keeps its citizens distracted from the real truth by the means of television. A little while later during a job call, Montag faces his own identity when the sight of the old woman burning to death in defense of her own ideals. He begins to wonder how the book-burning began and why most of the people of the city come to believe in it (Moss). Here, Montag faces his own actions, the question if there really is a meaning in books gathers at the back of his mind. Bradbury embraces the realities of the world being manipulated by a big oppression. As the novel progresses, Montag begins to migrate from what he believed to the truth. As weeks go by, Montagrs presence of uneasiness is scented by the mechanical hound, the hound half rose in its kennel and looked at him with green-blue neon light flickering in its suddenly activated eyebulbs. It growled again, a strange rasping combination of electrical sizzle, a frying sound, a scraping of metal, a turning of cogs that seemed rusty and ancient with suspicion (Bradbury 23). The hound possesses a stinger that attempts to sting Montag. Despite the protestations that the hound is not a danger to him, the hound starts to get suspicious around Montag. Here, His shift of perspective around the firemen system is what makes the hound growl, the author foreshadows the events of which Montag can no longer remain a fireman. As time passes, Montag hears from Mildred that Clarisse has been killed by a speeding car. Montagrs discontent of life grows as he hears this news. He begins to search for clues in books he has stolen from his own fires that he hides in a vent. He recalls the time of the old woman being burnt to death, there must be something in books, something we cant imagine, to make a woman stay in a burning house (Bradbury 34). His search is activated by the burning lady and by the words of Clarisse McClellan. Guy feels uncomfortable with the fireman system that one day he calls off from work, feeling a sense guilt makes him wonder if he is ever going to return being a fireman. His fire chief, Beatty show up at his house knowing that he is going through some sort of phase, Beatty explains that it is normal for a fireman to be curious about what books contain, after all, they are banned from reading. Then the chief goes into a deeper sense, saying that books were first prohibited by a group of minorities who objected books that offended them. And soon, all the books contained the same meaning because the writers in them didnt want to be exposed of the lies that they were being offensive. Beatty explains that firemen stand against the small tide of those who want to make everyone unhappy with conflicting theory and thought (Bradbury 59). Beatty and the firemen shut down those who have an opinion just because they dont like what they have to say. The firemen enforce rules in how they see fit instead of what the people want. The society is ruled by a dictatorship, except the people dont realize it because they are being manipulated. Furthermore, Guy Montag breaks free from his life as a fireman, he realizes that there is a meaning and a man behind books. His search for happiness drives him to call a retired english professor named Farber. Before he finds Farber Montag believes he has the last copy of the Bible, in order to prove his story, Montags rides in the train trying to memorize Ecclesiastes; a book of the Bible. As he is studying, Montag recalls a time when he had sat upon a yellow dune by the sea in the middle of the blue and hot summer day, trying to fill a sieve with sandthe faster he poured, the faster it sifted through with a hot whispering. His hands were tired, the sand was boiling, and the sieve was empty (Bradbury 74). The sieve and the sand symbol a time frame in which Montag tries to memorize passages of Ecclesiastes during the train. The faster he reads, the less he takes out from it. As he meets Farber, he tells Montag that the value of books lies in the detailed writing of life they contain. Faber says that Montag does not only needs books but also the liberty to read them and the freedom to act upon their ideas. To proceed, Farber explains to Montag that the captain belongs to the most dangerous enemy to the truth and freedom, the solid unmoving cattle of the majority, the terrible tyranny of the majority (Bradbury 104). In order to take down the status quo, Farber learns they must not underestimate Beatty, their plan must be devised carefully. Montag finally returns to the fire station and to his surprise, the alarm rings giving the address of his own house. As the firemen arrive to Montagrs house, Beatty demands Montag to burn his own house while his wife Mildred drives away in a taxi, but the whole time Farber has been helping Montag control his emotions by whispering in his ear with earpiece. Farber has been trying to help Montag by whispering in his ear, but now Beatty discovers the ear radio and takes it away. In his confusion, Montagrs hand again move on their own and turn the flamethrower on Beatty, killing him (Fahrenheit). At this turn of event, Mildred has betrayed Montagrs trust and gives Beatty the lead on Montag. Montag then reacts, turning on Beatty and the rest of the firemen as well as the mechanical hound. At this point of the novel, Montag escapes from the government and Farber heads to St. Louis to meet with a retired printer. During Montagrs escape to the river, he meets with a group of intellectuals and man named Granger whose purpose is to lead the group and memorize books until a new order is born. But before Monta g meets them, He goes on to walk through a forest, until he finds the campfire of the book-people where a collective reverie of the forge is in progress. It completely reverses the value previously associated with fire, being humanly warming, and it places time at the service of men whose voice have the power to talk about everything (Touponce). Here, Montagrs view of fire changes significantly because the fire signified destruction, but now, the fire symbolizes anew, and power. Moments later, an atomic bomb destroys the city leading to the rise in Montagrs new crew and their ideas. In the end, Montag and the intellectuals were the last ones standing because of their ideas and books, they did not involved themselves with what the government was demanding them to do. The events that Guy Montag faced throughout the novel, Fahrenheit 451, demonstrate Ray Bradburyrs theme in the importance of books and ideas to defeat a tyrannical system. He wanted readers to understand the importance of reading and thinking. He once said, You dont have to burn books to destroy a culture. Just get people to stop reading them (Bradbury). Bradbury depicts the meaning behind the novel, such as the censorship the government lays on society. Literary critic Adam Bogar explains, reading for Bradbury is a metaphor of movement in the philosophical sense, that is, of change, of life, of existence, and symbols of, thinking, communication, and interpersonal relationships (Bogar 165). Bradbury demonstrates life lessons which highlights that reading and thought can defy censorship from a dominant control.

Written and Unwritten Law - Free Essay Example

TASK 1 Explain the written and unwritten law. Written law is the most important source of law. It refers to the portion of Malaysia law, which includes the following: Federal and State Constitutions; The Federal Constitution is the supreme law of the land. All of the thirteen states have their own constitutions known as the State Constitution. Legislation enacted by Parliament and the State Legislative Assemblies; such as Acts of Parliament, Ordinances and Enactments. Subsidiary Legislations; made by persons or bodies under powers conferred on them by Acts of Parliament or State Assemblies; such as Rules and Regulations, By laws and Guidelines. Unwritten law is simply that portion of Malaysia law, which is not written. These are part of Malaysian law which is not enacted by Parliament or the State Assemblies. Unwritten law is found in cases decided by the court, local customs, etc. Principles of English law applicable to local circumstances. Judicial decisions of the superior courts; such as the High Courts, Court of Appeal and the Federal Court. Customs of local inhabitants which have been accepted as law by the courts. Based on the case law selected, identify and describe the sources of law applied in the case study. CHONG TENG v PUBLIC PROSECUTOR [C. A. (Thomson C.J Hill and Good JJ.A.) February 12, 1960 [K.L.-F.M. Criminal Appeal No. 43 of 1959] Cases referred to: Nazir Ahmad v. King-Emperor, 63 I.A. 372; A.I.R. 1936 R. v. Attard, 43 Cr. App. R. 90 Cheong See Leong v. Public Prosecutor [1948-19] M.L.J. Supp. 56 Thomson C.J (delivering the judgment of the Court): this appellant was tried at Seremban before Ismail Khan J., and a jury on a charge that on 16th August, 1959, at the Central Market in Seremban he murdered one fan Nam in contravention of section 302 of the Penal Code. He was convicted and sentenced to death. He appealed against his conviction and we dismissed his appeal on 12th January. The sources of law in the case that I mention above are case of appeal which is Court of Appeal involve in this case as a court. State the relevance of case laws within the construction industry. IN THE COURT OF APPEAL OF MALAYSIA AT PUTRAJAYA [APPELLATE JURISDICTION] CIVIL APPEAL NO: W-02-2155-2010 Between PEREMBUN (M) SDN BHD APPELLANT And CONLAY CONSTRUCTION SDN BHD RESPONDENT à ¢Ã¢â€š ¬Ã…“The Plaintiff Conlay Construction Sdn Bhd claimed payment for construction work done under a sub-contract. The Defendant Perembun (M) Sdn Bhd counter-claimed. After a full trial, the High Court found in favour of the Plaintiff and dismissed the Defendants counter-claim. The Defendant appealed to this Court. TASK 2 Identify the hierarchy of courts in Malaysia. Superior courts of Malaysia The twoHigh Courtsin Malaysia have general supervisory and revisionary jurisdiction over all the Subordinate Courts, and jurisdiction to hear appeals from the Subordinate Courts in civil and criminal matters. (Based on Court system.ppt) Subordinate courts of Malaysia It is the court that consists of Session courts, Magistrate courts and Syariah courts. Which the type of cases is presided by their own types of courts judges. Session and Magistrate courts have the jurisdiction to hear both criminal and civil cases. While the Syariah courts has the limited jurisdiction over the matters of the state of Islamic law. (Based on Court system.ppt) With the aid of diagram indicate the courts in each tier. Figure 1: Court System State the type of case and the courts(s) involved in hearing the selected case law. Type Definition Example case Criminal law Crimes are classified according to the nature, damage or harm they cause. DPP v Majewski à ¢Ã¢â€š ¬Ã…“The defendant was charged with assault causing actual bodily harm and assault on a police officer in the execution of his dutyà ¢Ã¢â€š ¬Ã‚  Common law Law that became common to the realm. It uses evolving bodies of case (judge made) precedents. Sri Inai (Pulau Pinang) Sdn Bhd v Yong Yit Swe Ors à ¢Ã¢â€š ¬Ã…“The first defendant (appellant) a school, rented an old dwelling house from the second defendant (tenth respondent) a local authority.] The first defendant rented the house which belonged to the second defendant for use as a hostel to accommodate some of its students. The second defendant despite knowing that young children would live in the old house did nothing to upgrade the building to ensure that it was safe for use as a hostel by young children. Subsequently a fire broke out in the house claiming the lives of several children and causing serious injury to othersà ¢Ã¢â€š ¬Ã‚ . Tort law A tort is a wrong not arising out of a contract. Ità ¢Ã¢â€š ¬Ã¢â€ž ¢s generally injury to persons and/or property, usually arising out of an accident. Mohr v. Williams (1905) à ¢Ã¢â€š ¬Ã…“P consented to surgery on right ear. Doctor operates on left ear, which he believes is worse. Court finds that since the doctor performed the surgery without her consent, it was wrongful, and since it was wrongful, it was unlawfulà ¢Ã¢â€š ¬Ã‚ . Contract A legally binding agreement made between two or more parties, by which rights are acquired by one or more acts or forbearance on the part of the other or others. Hyde v. Wrench (1804) à ¢Ã¢â€š ¬Ã…“The defendant offered to sell his farm for  £1000. The plaintiff, offered to buy the farm for  £950. This offer was rejected and the plaintiff then agreed to pay  £1000 and sought, unsuccessfully, to enforce the sale through the courtà ¢Ã¢â€š ¬Ã‚ . Describe the appeal process based on the outcome of the case and the courts involved in the appeal process. Sampson v. Channell [110 F.2d 754(1st Cir.1940)] Court of Appeal: United States Court of Appealsdecision interpreting the application of theErie doctrine. à ¢Ã¢â€š ¬Ã…“Theplaintiffhusband and wife were hit by a car inMaine; the driver of the other car was killed. The plaintiffs sued theestate (law)of the dead driver in theFederal District Courtin Massachusetts, naming theexecutorof the dead drivers estate as thedefendantand invoking the courtsdiversity jurisdiction. The District court applied general principles of conflicts of law, determining that Maine law should control the case because that is where the accident happened. Under Maine law, the plaintiffs had theburden of proofto show that they werenotcontributory negligent; had the court applied Massachusetts law, the defendant would have had the burden of showing plaintiffs contributory negligence. The plaintiff appealed, contending that the Massachusetts Federal District Court should have applied the law of Massachusetts. TASK 3 With appropriate example (s), express the meaning of the term tortuous liability= using your own words. Negligence Negligence is by far the most important of torts. It forms the cause of action in the majority of cases. The term of negligence is also found in the context of breach of contract, for example, where an architect is alleged to have carried out negligent design of supervision. A common type of action in negligence heard in the courts is that between two or more drives involved in a road accident. However, the plaintiff in an action for negligence must show that the defendant owed him a duty of care, that there was a breach of duty and that recoverable damage was thereby caused. Considering the first of these element, it is necessary to decide whether in the particular circumstance one person ( the defendant) owed a duty of care to the other ( the plaintiff). The classic test as to when a duty of care might arise was stated in the leading case of Donoghue v Stevenson. à ¢Ã¢â€š ¬Ã…“The manufacture of ginger beer was held to owe a duty to the ultimate consumer, who found a d ecomposing snail in the empty bottle. The consumer could not sue in contract because the ginger beer had been purchased by a friend, and in any event the default was that of the manufacture, not the sellerà ¢Ã¢â€š ¬Ã‚ . The law of tort remained comparatively dormant for some time after Donoghus case and it was not until Dutton v Bognor Regis UDC that the court began to grapple with the questions which subsequently came to dominate this area of law, namely the circumstances in which a duty would arise and the interrelationship between such duties and the type of damage. Nuisance Private nuisance may be defined as an unlawful interference with the use or enjoyment of another person land. The interference may result in damage to property, such as by flooding or vibrations, or it may be only an annoyance, such as excessive noise or dust. There must be a substantial interference. A nuisance is often a continuing state of affairs, although an isolated happening may support an action in nuisance. Person who lives in noisy or industrial neighborhoods must usually put up with the attendant discomforts, although actual damage to property will be actionable. Usually the only person who can sue for nuisance is the occupier of the land, although other persons may be able to sue on the same facts. Unlike negligence, liability for nuisance does not depend primarily on the standard of conduct of the defendant. Thus, it is not necessarily a defence to nuisance that reasonable care was taken to avoid it. Bit in the context of building and construction operations, th ose carrying out such work are under a duty to take proper precautions to see that nuisance is reduced to minimum. Thus, in Andreae v Selfridge, à ¢Ã¢â€š ¬Ã…“where a demolition contractor took no steps to minimize noise and dust near to the plaintiffà ¢Ã¢â€š ¬Ã¢â€ž ¢s hotel, and actionable nuisance was created for which the employer was liableà ¢Ã¢â€š ¬Ã‚ . Trespass Trespass is an ancient set of wrongs which mainly deals with the direct, and usually intentional, invasion of a plaintiffà ¢Ã¢â€š ¬Ã¢â€ž ¢s interest in his person, his land or goods. There are two type of trespass namely to person and to land or goods. There are three type of trespass to person which is assault, battery and false imprisonment. Assault is an act of the defendant which causes to the plaintiff reasonable apprehension of the infliction of battery on him by the defendant. For example, to throw water on a person is an assault but if any drop falls onto the person, it is battery. In the case of Stepehns v Myers (1830), à ¢Ã¢â€š ¬Ã…“the plaintiff was the chairman of a meeting. The defendant made many interruptions and it was agreed that he should be evicted. The defendant then advanced toward the plaintiff, declaring that he would pull him from the chair, but was stopped before he could reach him. It was held that defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s action constituted an assaultà ¢Ã¢â€š ¬Ã‚ . Next, battery is the intentional and direct application of force on another person, either hostilely or against his will. For example, in the case of Pursell v Horn (1832) and à ¢Ã¢â€š ¬Ã…“where chair was pulled from under a person, causing him to fallà ¢Ã¢â€š ¬Ã‚ . False imprisonment consists of wrongful deprivation of personal liberty in any form. For example, in the case Warner v Riddiford (1858), à ¢Ã¢â€š ¬Ã…“the defendant after dismissing the plaintiff as resident manager of a beer-house, prevented him from going upstairs to collect his belongings. It was held that this amounted to f alse imprisonmentà ¢Ã¢â€š ¬Ã‚ . Trespass to land is constituted by unjustifiable interference with the possession of land. In the case of Baxter v Taylor (1932), à ¢Ã¢â€š ¬Ã…“the defendant exercising a purported right of way, entered upon land with a horse and cart and deposited stonesà ¢Ã¢â€š ¬Ã‚ . Discuss the tortuous liabilities of the parties in the above-mentioned mishap. The tortuous liabilities of the parties in the above mentioned case disaster is about the liability in the construction. Means tortuous liability arises from the breach of a duty primarily fixed by law such duty is towards persons generally and its breach is redressed by an action of unliquidated damages. As mentioned above, the worker died at the scene was hit by falling metal formwork from the 12th floor of an office block under construction and his two co-workers were injured. Liabilities of the parties are that each party must be careful and always be aware of their surroundings while in the area of construction without happen mortality or injured as mentioned above. TASK 4 Define the term à ¢Ã¢â€š ¬Ã…“contractà ¢Ã¢â€š ¬Ã‚ . A legally binding agreement made between two or more parties, by which rights are acquired by one or more acts or forbearance on the part of the other or others. List element of a contract. Capacity Intentions to create legal relations Voluntary Consideration Offer Acceptance Form of contract With the aid of a diagram, identify parties involved in the contract in Scenario 2. Analyse the contractual liabilities of the parties in Scenario 2. Client Client is one side that starts something construction project and also was the person that responsible to pay all works that was completed properly. Client need to be referred and negotiate to determine a thing which occupy and achieving goals. The importance, client must get legal approval related to project first before the project carried out. Apart from that, client must provide or supply contractor with all details, painting or big information. After that, client has to pass on cooperation to contractors after both agree conduct a project. Consultant In the building process, where design and construction are separate entities, it is the architect who receives the commissions from the client. The architect may require the assistance of consultants from other professional disciplines. The architect function is providing the client with an acceptable and satisfactory building upon completion. This will involve the proper arrangement of space within the building, shape, form, type of construction and material used environmental controls and aesthetic consideration. The architect will generally operate under the rules of agency on the part of the employer. This means that instructions given to the contractor will be accepted and paid for by the employer. Contractor The majority of the construction work in the UK is undertaken by a main contractor. The term general contractor is now outdated since relatively few of these firms undertake the work themselves. Contractors provide agreed services to a client for a set fee and possibly duration under a contract for services. (This is in contrast to a contract of service, e.g. a contract of employment, which is between an employee and employer). Contractors can charge the client fees by the hour, day or on a lump-sum basis. Their contracts often specify milestones for part payment, e.g. on completion of specific goals. Reference Abdullah N.C (2013). Question Answer on MALAYSIAN COURTS, STATUTES, CASES CONTRACT, TORT AND CRIMINAL LAW; International Law Book Services Ashworth A. (2006). Contractual Procedure in the Construction Industry; Prentice Hall Uff J. (2005). Construction Law, 9th Edition; Thomson