Heart Of Darkness :: essays research papers

Each person has a different definition of what the term ‘remarkable’ means; each unique definition, holds a significant link to the other. This link is that the term is always given to a person that holds certain characteristics that are superior to the average individual. The set of characteristics that are observed tend to subscribe to the specific set of values of the person issuing the remark. Marlow, the main character in Joseph Conrad’s Heart of Darkness is able to assert that Mr. Kurtz was a remarkable man. This is true because of the unique values that Marlow possesses, which allow him to assert Mr. Kurtz as a remarkable individual. Through the actions and words of Mr. Kurtz, and other individuals Marlow encounters, Marlow is able to gain an overall perception of how characteristics of Mr. Kurtz deem him remarkable. Through the development of the narrative, Marlow establishes that Mr. Kurtz does not want to return to society, he does not want to return to the world were people judge one another based on social issues. â€Å"Kurtz had apparently intended to return himself, the station being by that time bare of goods and stores, but after coming three hundred miles, had suddenly decided to go back, which he started to do alone in a small dugout with four paddlers, leaving the half-caste to continue down the river with the ivory.† (Conrad Pg. 52) Instead Kurtz returns to the wilderness and is able to judge himself. â€Å"I went no more near the remarkable man who had pronounced a judgement upon the adventures of his soul upon the earth.† (Conrad Pg. 118) Marlow looks upon these two actions as remarkable feat. Kurtz, through Marlow’s eyes was able to pronounce a judgement based upon his own actions rather than having society dictate them to him. Marlow realizes that in order for Kurtz to pass judgement on himself, Kurtz must have been courageous, a value that Marlow lacked. â€Å"I was within a hair’s breadth of the opportunity for pronouncement, and I found with humiliation that probably I would have nothing to say.† (Conrad Pg. 119) Marlow clearly illustrates that on his own deathbed he would not be able to express his own judgement, despite the opportunity to speak, he would just hide like a coward. Thus Marlow is able to pronounce that Kurtz is a remarkable individual because he has a value, courage, that Marlow and many other individuals do not posses.

Latin America colonial times Essay

?4. How does colonialism engage with notions of spirituality, witchcraft, and/or (ritual) intoxication? You may analyze how the distinctions between orthodox and unorthodox practices were distinguished (and oftentimes blurred). You may look at Staden, the readings on witchcraft and â€Å"superstition,† etc. Beginning in 1492 when the Spanish under the crown of Castile invaded the Americas, where their first settlement was in Santo Domingo, their main motivations were trade and the spread of the Catholic faith through indigenous conversions and economic gain. Due to these objectives they intervened and attempted to change every facet of the indigenous way of life including their ‘notions of spirituality, witchcraft, and intoxication’. The indigenous population had formally been removed from the jurisdiction of the inquisition by order of King Phillip the second in 1571, however the native people of Mexico and other invaded lands of the Americas were still prosecuted on accounts of witchcraft or being Nauatil (witches). Colonialism engaged with notions of spirituality and witchcraft by asserting their dominance in attempts to completely annihilate these practices. They attempted to make sense of what they did not understand by attributing these happenings to witchcraft and condemning those prosecuted as witches. Further, as previously mentioned, they attempted to spread the Catholic religion by deeming the religious practices previously ‘inherited’ (treatise on Heathen superstition) by the indigenous population as acts of witchcraft. In his letter to Reverend Don Francisco Manso de Zunga, Hernando Ruiz de Alarcon a Spanish navigator of the sixteenth centaury wrote that the reasons behind attempting to completely eradicate the superstitious ways of the people he regarded as Indians was that some of their practices such as â€Å"drunkenness was not permitted to them even in their heathen state† and was punishable by death. (39) His reasons behind â€Å"scraping of drunkenness from the memory of humanity† (39) is that even to those who are believed to be Pagans or non believers (heathens) (39) it was prohibited, therefore once baptised and accepted as Christians it is was a sin to indulge in these acts. To increase the spread and conversion to Catholicism within the Indians, Alarcon, validates the eradication of their customs. Further in his letter Hernando Ruiz de Alarcon explains how by indulging in these superstition practices the Indians are harming themselves. He states â€Å"This (their drunkenness) is the cause of the total destruction of the health of their bodies, and consequently the sufficient and principal barrier to their preservation and increase† (39). Alarcon explains that the deepness with which these practices have fastened into the native American culture leads him to believe that â€Å"the ministers have entered late into their parishioners’ language. † (40). Here we get an indication that despite their conversion to Christianity, Alarcon believes there is no hope to change the Indians’ superstitious ways. In light of the Spaniards determination to spread the Christian faith they attempted to eradicate all other religious practices within the Americas. In his letter Alarcon states in his letter â€Å"others (superstitions) have a weak foundation, because a traditions of their false gods is hardly found among their stories† (39). He explains their previous religion had no concrete roots, they worshiped ‘false gods’ and it was illegitimate; therefore, all rituals and practices for this cause were superstitious. It is important for us to note that the work of finding and documenting the acts of superstition in Mexico was bestowed on Alarcon and therefore it was in his best interest to exaggerate the evidence he supposedly finds. Further, he admits that he is not fully capable to undertake this task because of his â€Å"defective intellect and small experience with writing† (40). In his Treatise on the Heathen Superstition Alarcon explores many aspects of the Mexican native population’s way of idolizing their god’s or goddesses, he attributes this act to an act of worshiping the devil. This is another example of how the Spanish used the notion of witchcraft to propel the spread of Christianity. In his treatise Alarcon states â€Å"and by this means they usually communicate with the devil, because he usually communicates with them when they are deprived of judgement with the said drink and deceives them with different appearances† (48). In this example we can see how Alarcon uses Christianity and the threat of the devil to abolish drunkenness. Alarcon also uses the Devil to explain phenomenons that were beyond the scope of the Spanish understanding. He states in his treatise, â€Å"they (the sages in Mexico) are always deceitful and ceremoniatic and seek to persuade people that they are consummate in knowledge, since they profess to know what is absent and to foresee what is in the future, which, it may be, is revealed to them by the Devil, who can, through knowledge and conjecture, foresee many future events. † (45). Due to the fact that Alarcon and other Spaniards at that time could not make sense of why the prophecies or futuristic readings of the native Mexican sages were holding true, they declared it an act of the Devil and therefore a form of witchcraft. Another example of the Spaniards condemning the unexplainable acts in the Americas is in the document â€Å"On her Deathbed, Maria de la Candelaria Accuses Michaela de Molina of Casting Spells† produced in Guatemala in 1696. In this text different testimonies of various people that witnessed the sickness of Maria de la Candelaria a girl servant. In the testimony of Dona Juana Gonzalez a Spanish woman and mistress of Maria, she states, â€Å"the reason that she presumes this (that Michaela de Molina had casted spells on Maria) is because her servant, Maria had some fights with [Michaela] and not with anyone else. † (170) The Spaniards and even the natives of Guatemala could not fathom why or how Maria was dispelling such large amounts of blood and various objects like stones, rags and hair from her mouth and nose therefore attempted to reason it by condemning Michaela in the act of witchcraft. It is important to understand why the Spanish were interested in Maria’s sickness. In Spain and other parts of Europe the acts of witchcraft were highly condemned. People were afraid of loosing their power and therefore they feared the unknown. They condemned it by illegalizing all forms of witchcraft. Further, the act of ‘drunkenness’ and other practices not coherent with the beliefs of Christianity were also attributed to witchcraft therefore abolishing witchcraft became a means to spread the Christian faith specially since the indigenous population had formally been removed from the jurisdiction of the inquisition by order of King Phillip the second in 1571.

Prison Overcrowding A Negative Effect On The Inmates

When a prison becomes overcrowded its intended mission and goal becomes more difficult for the administration to achieve. It can have adverse effects on the lives of inmates, correctional staff, and even cause those released from prison to fall victim to recidivism after release. The objective of this paper is to critically analyze and research this issue in order to come to some conclusions about this issue, and the credibility of the resources used. Overcrowding in prisons has a negative effect on the inmates both during the sentence and even after. The first article I read was â€Å"Contemporary Prison Overcrowding: Short-term Fixes to a Perpetual Problem†. After reading it I took away a very practical understanding of the issue. The reading, although somewhat dry, included causes, consequences, and possible solutions to overcrowding in prisons. I particularly liked one of the presented solutions which was for the federal, state, and local institutions to give more careful consideration during the classification of custody. For example, some inmates are in restrictive custody when their sentence may be better served in a halfway house or on parole. The second article I chose was â€Å"Does Prison Crowding Predict Higher Rates of Substance Use Related Parole Violations?†. This was a more recent article and included many helpful statistics, was easy to read, comprehend, and included multiple angles. The article even included test studies and data charts. The charts showed theShow MoreRelatedEffects Of Prison Overcrowding907 Words   |  4 PagesAnother effect is that prisoners must spend more time inside due to the lack of officers to watch them in the outside areas. This results in less time outside in the fresh air and sunshine for the prisoners which lead to their dissatisfaction; unhappy prisoners are harder to control and more fighting is the result. There is also the problem of watching the inmates so that they have to remain inside their small cells for more time during the day. (Prison overcrowding is a growing concern in the URead MoreOvercrowding Of Prisons And Its Effects On Inmates1389 Words   |  6 PagesOv ercrowding in Prisons In the United States, the increasing population within prisons contribute to the stress regarding the security of correctional facilities’ and the negative effects on inmates. Overcrowding can be defined as a space with a concentrated number of objects or people in a space beyond comfort. According to Verne Cox, PhD, â€Å"as a group of prison researchers summarized, in the 1980s [...] crowding in prisons is a major source of administrative problems and adversely affects inmateRead MoreThe Negative Effects Of Prison Overcrowding1524 Words   |  7 PagesPrison Overcrowding is a topic that isn’t brought up much in the media. However, it’s one that should be addressed more than it is. Overcrowding puts Correctional Officer’s safety at risk as well as the safety of inmates. There must be a way to reduce the number of inmates or possibly build additional prisons. Prison overcrowding has many negative effects ranging from sickness, to even death. The first article I want to discuss is â€Å"Underfunded, Overcrowded State Prisons Struggle With Reform†. OnRead MorePrison Overcrwoding in America and England1234 Words   |  5 PagesPrison overcrowding in the United States is due to many reoccurring charges that is being sentenced to inmates that have been released and returning. As the increasing inmate population is a growing concern in the U.S, many law enforcement agencies and academic expert have analyzed data about the situation and are working to combat it. Research shows that Drugs are mainly to blame. Of the inmates in federal prison as of September 2011, more than half or 50.4% was serving sentences for drug offensesRead MoreThe Negative Effects Of Prison Overcrowding1361 Words   |  6 Pagesmany prison in the United States, but all the prison are being overcrowded by inmates. What is prison overcrowding? Prison overcrowding is exceeding the numbers of inmates and not having enough beds and space for the inma tes (Stohr Walsh, 122). When prison is overcrowded, this means there are less officers in the prisons to take care of the inmates, which becomes a safety concern. Many prisons are over capacity but yet they are still taking in inmates and making the situation worse. Prison overcrowdingRead MoreCan Racial Profiling Be Justified1612 Words   |  7 Pagesyou’re out† law is in effect in different states around the country. In basic terms, the law requires that any offender that is convicted of three violent crimes must receive a sentence of 25 years to life in prison. The law is aimed at reducing crime by focusing on the small percentage of criminals that commit the majority of violent crimes and felonies. Many systems have been lenient with repeat offenders, allowing them to return to a life of crime after short stints in prison. Sometimes, theseRead MoreReduced Time from Prison1440 Words   |  6 PagesTime from Prison Prisons are correctional facilities where offenders are incarcerated as punishment and deterrent from engaging in other criminal activities. It serves justice for victims of criminal offenses and provides a chance for the offender to reflect, and with prison time; they will become better citizens of society. This however, may not always be the case. If an inmate exhibits understanding of good behavior and structure, a prisoner may not serve his or her full sentence in prison. They mayRead MoreProblems With The Three Strikes Legislation1610 Words   |  7 Pagesyou’re out† law is in effect in different states around the country. In basic terms, the law requires that any offender that is convicted of three violent crimes must receive a sentence of 25 years to life in prison. The law is aimed at reducing crime by focusing on the small percentage of criminals that commit the majority of violent crimes and felonies. Many systems have been lenient with repeat offenders, all owing them to return to a life of crime after short stints in prison. Sometimes, theseRead MorePrison Overcrowding And Its Effects On The United States Essay1605 Words   |  7 PagesPer Derek Gilna’s report on Increase in Federal Prison Population, Overcrowding, prisons have become overpopulated throughout a five-year span from 2006 to 2011 (Gilna, page 48). Prison overcrowding has become a plague in the United States for some time now. The US Bureau of Justice Statistics shows more than two-million adults are incarcerated in US federal and state prisons. There are many reasons that prisons are becoming overpopulated but not such a certain cause. To fix the problem, attentionRead MoreIncreased Population of Prisons Essay1606 Words   |  7 PagesOvercrowded prisons and improper punishment systems are enormous social issues for our government. The United States has seen steady growth in its prisons. A projected increment in seen due to â€Å"get-tough† policies that locks up offenders for longer sentences (Ohlemacher, 2007, para. 1). The correction system had been through various phases of transformation, and the government had been tough on crime; this approach had resulted in rising prison populations. There are many factors that cause overcrowding

Homelessness in the United States Essay - 1461 Words

According to the National Student Campaign Against Hunger and Homelessness, â€Å"approximately 3.5 million people are homeless each year, while 36.3 million live in households without enough food.† This statistic only reflects the United States, and to many people, it just doesn’t make sense. For instance Alfredzine Black of the YWCA in Marion, Indiana says, â€Å"I don’t understand why we have so much poverty in the richest country in the world!† Citizens of the United States have a hard time defining and identifying poverty in their communities, so the country should crate a consistent and accurate measure of poverty. Also, urban growth is leaving people behind and causing unnecessary evictions that lead to homelessness, and this problem can be†¦show more content†¦This number amounts to over 20 percent of the world’s population†¦.(Introdution) The World Bank monitors poverty and homelessness around the world, but other agencies focus on evaluating the United States alone. One of these is the United States Census Bureau. In the United States, the Census Bureau sets the official poverty line. The figure used to compute a person’s poverty status includes any earnings, Social Security payments, child support, or other assistance. Then, using the size of the family and the ages of the family members, the Census Bureau determines which poverty threshold applies†¦According to this poverty measure, 12.5 percent of the U.S. population lived in poverty in 2007. (Introdution) These studies may be biased or skewed depending on the information available to Census Bureau and World Bank employees who conduct them or the factors used to determine who is poor. For example, the factors taken into consideration by the Census Bureau may contribute to faulty results, since they only determine who is under the poverty line after they calculate how much Social Security money or â€Å"other assistance† the applicants receive. It seems like it would make much more sense to learn how well the subjects of the studies are doing on their own before they are assisted, and maybe this way an accurate measure of the homeless population could be obtained, butShow MoreRelatedHomelessness in the United States952 Words   |  4 PagesThe purpose of this paper is to examine the effects of poverty on young children and their families. The focus will be on homelessness and how the child is affected in two major settings: the home, or lack of, and school. In both of these sett ings, children are impacted by different social forces and must push through barriers that are set before them given their circumstance. â€Å"Living without permanent, long-term housing creates a number of stressors for children and families, but being homelessRead MoreIs Homelessness The United States?1384 Words   |  6 Pagesmeant by homelessness in the United States? Homelessness is something that can be temporary or chronic. It is when an individual or family does not have and cannot afford a suitable place to live long term. Things like staying in a shelter, one room facilities (motel) or staying with a family member or friend does not mean you are not homeless. If you cannot afford suitable long term accommodations yourself, then you are considered homeless. When you are referring to youth homelessness they areRead MoreHomelessness : The United States1214 Words   |  5 Pagesmoney to pay to live in their previous homes. Homelessness occurs when people or households cannot afford housing. 3.5 million people yearly experience homelessness in the United States, and it is time to take action to end the suffering of homeless people. The U.S. government should execute plans to make housing low-cost and more jobs that are high-paying to reduce homelessness in the U.S. Homelessness has always been a problem in the United States but just not as widespread as it is now. â€Å"TheRead MoreHomelessness Of The United States Essay1459 Words   |  6 PagesJessy Clark Dr Iudicello English 102 30 November 2016 Homelessness in America â€Å"On a single night in January 2015, there were 564,708 people experiencing homelessness in the United States. Sixty-nine percent of those who were homeless were in sheltered locations and 31 percent were found in unsheltered locations† (Facts). People living in poverty are most likely have a high risk becoming homeless. Many other reasons why becoming homeless is due to economic conditions such as unemployment and increasingRead MoreThe Homelessness Of The United States978 Words   |  4 Pagesin the United States? I believe that it is everyone’s responsibility. As of January 2015 the homeless count in America was 564,708 people (Fluit, 2015). Even though this is a decline in homeless in America this is still unacceptable. As Americans we need to do all that we can to decrease these numbers. There is so much we could do that would go a long way to help our homeless, like donating time or money to the proper organizations. â€Å"In January 2015, 358,422 people experienced homelessness as individualsRead MoreHomelessness And The United States863 Words   |  4 Pages Homelessness has always been a present problem in the United States. It is caused by many factors that some of us are not aware of. The situations of these people hurt their families and local communities alike. Two sources were examined for their content on these issues. This essay describes the hardships of homelessness and what can be done to help these people. Helping the Homeless Many people have gotten to experience what life is like in big cities or small ruralRead MoreThe Homelessness Of The United States1803 Words   |  8 PagesEnding Homelessness Homelessness in the United States can be ended, not just maintained. Allot of cities now have plans to eradicate homelessness. Homelessness and housing instability are large issues that afflict a diverse demographic such as: Families, youth, veterans, and chronically homeless single male adults. Ending homelessness may require specialized solutions that are specific to individual needs. Factors like these make defeating homelessness a difficult task. Although solutions existRead MoreThe State of Homelessness in the United States Essay586 Words   |  3 PagesHomelessness became a huge problem in everywhere especially in the USA. Most people heard homeless people, and they saw homeless people in the streets, markets, or bridges. Most people never try to understand why there is much homelessness. Most people do not know any facts about them seem the truth of homelessness, the state of homelessness in the United States, and the effect on people from homelessness. Many causes become the answers to homeless people. The most easy understanding of homelessnessRead MoreThe Effects Of Homelessness On The United States1218 Words   |  5 Pagesof homelessness with 983 documented homeless individuals according to a 2015 Modesto Bee study and sadly, the amount increases as surrounding areas begin to enforce strict laws. These laws criminalize and relocate homeless folk to our county. There are no exceptions to the cold reality of homelessness: men, women, children, military veterans, individuals, and families are included in the rising numbers of homelessness in Stanislaus County. According to the National Law Center on Homelessness andRead MoreEssay on Homelessness in the United States1520 Words   |  7 PagesHomelessness in the United States During the 1980’s the number of homeless people, those without a house in which to reside, increased at an alarming rate. Many analysts have given much time and thought as to the reasons that this phenomenon occurred. They cite economic instability and government policies with facts and figures to support their work. Beyond the research and cold statistics that explain this event, are the victims, and those that worked to help relieve their hardship. An interview

Culture Adoption in Wole Soyinka’s and Tsitsi...

Colonialism versus Origin Within Wole Soyinka’s and Tsitsi Dangarembga’s intricately weaved novels, both pieces of literature successfully intertwine to portray the estrangement and hardships dealt with through the main characters in settling within a separate environment apart from their origins; culture and adopting the colonial mentality which is imposed upon them. There is a negative portrayal of the colonial mentality that manifests onto the African society. There are three major categories within these two texts displaying the characters that forget that they play these roles within society as puppets of colonialism, those who rebel against the invading culture that seems to threaten their sense of identity and lastly those who†¦show more content†¦This brings the characters to lose grasp of their origins, which in turn are also losing a large part of their identities as well. As time progresses, the characters forget that they are playing roles according to the Colonists whims. T his is clearly portrayed through Wole Soyinka’s novel. As clearly displayed within the first act, There is a distinctive culture apart from the British introduced which portrays the different values and customs that the Africans perform. Amusa whom is an African sergeant in the native administration police working for the white British colonialists is an example of a puppet of colonialism turning against the Africans systematic way of life through the adoption of British customs and values. Though Amusa has converted towards the British Empire, he is still seen as inferior in Pilking’s eyes thus this shows that due to his origin, he will never be valued in the eyes of a colonist. Amusa fears the Engungun costume yet aids the British in stopping the African rituals, which deprive the African people of their beliefs. They don’t seem to realize that they are harming their own culture but rather see it as an alien culture once they have fully adopted other methods o f practice through the English culture. Joseph is also a prime example of a character that has taken up a role within the colonialist society through his acceptance of the catholic religion. Joseph is a convert influenced by the British and believes that

Lord Woolf’s Reforms Free Essays

Essay Title: â€Å"Although settlement, rather than litigation, poses a number of problems for a civil justice system these matters have been largely resolved by Lord Woolf’s reforms. † What is civil justice system? There are several definitions for the civil justice system. Every civilized system of government requires that the state should make available to all its citizens a means for the just and peaceful settlement of disputes between them as to their respective legal rights. We will write a custom essay sample on Lord Woolf’s Reforms or any similar topic only for you Order Now The means provided are courts of justice to which every citizen has a constitutional right of access. Lord Diplock in Bremer Vulkan Schiffb au and Maschinenfabrik v South India Shipping Corp. [1981] AC 909, HL, p. 976. The justification of a legal system and procedures must be one of lesser evils, that legal resolution of disputes is preferable to blood feuds, rampant crime and violence. M. Bayles, ‘Principles for legal procedure’, Law and Philosophy, 5:1 (1986), 33–57, 57. The first impulse of a rudimentary soul is to do justice by his own hand. Only at the cost of mighty historical efforts has it been possible to supplant in the human soul the idea of self-obtained justice by the idea of justice entrusted to authorities. Eduardo J. Couture, ‘The nature of the judicial process’, Tulane Law Review, 25 (1950), 1–28, 7. There have been over 60 official reports on the subject of civil processing the past. Latest published reports were Evershed Report in 1953, the report of the Winn Committee in 1968, the Cantley Working Party in 1979, the Civil Justice Review in the late 1980s and the Woolf. All those reports are focused on the same objects like how to reduce complexity, delay and the cost of civil litigation. What are the problems before reforms? This is a mere compare of the pre-Woolf and post-Woolf civil landscape without baseline statistics. As research for the Department of Consumer Affairs (DCA) on the pre-Woolf litigation landscape (pre-1999) demonstrates that: * 50% – 83% of defended cases in the county courts were personal injury (PI) claims * overall at least 75% of cases were within the small claims or fast track financial limit; in most courts this figure was 85% or more * the higher the value of the claim, the more likely both sides were to have legal representation * PI cases had high settlement rates and a small number of trials. Non-PI cases had a higher proportion of trials, and a much higher proportion of cases withdrawn. Debt cases were most likely to end in trial (38%) and in all of those the claimant succeeded. In 96% of all cases going to trial the claimant was successful * In all types of cases 50% of awards or settlements were for ? 1,000 – ? 5,000, and a further 25% – 33% were for ? 5,000 – ? 10,000. Costs in non-PI cases were relatively modest, and in PI cases around 50% had costs of ? 2,000 or less, 24% had over ? 4,000. Wolf Reforms Lord Woolf’s approach to reform was to encourage the early settlement of disputes through a combination of pre-action protocols, active case management by the courts, and cost penalties for parties who unreasonably refused to attempt negotiation or consider ADR. Such evidence as there is indicates that the Woolf reforms are working, to the extent that pre-action protocols are promoting settlement before application is made to the court; most cases are settling earlier, and fewer cases are settling at the door of the court. In fact, most cases are now settled without a hearing. Lord Woolf, Access to Justice (Final Report, July 1996), identified a number of principles which the civil justice system should meet in order to ensure access to justice. The system should: (a) Be just in the results it delivers; (b) Be fair in the way it treats litigants; (c) Offer appropriate procedures at a reasonable cost; (d) Deal with cases with reasonable speed; (e) Be understandable to those who use it; (f) Be responsive to the needs of those who use it; g) Provide as much certainty as the nature of the particular case allows; and (h) Be effective: adequately resourced and organized. The defects Lord Woolf identified in our present system were that it is: (a) Too expensive in that the costs often exceed the value of the claim; (b) Too slow in bringing cases to a conclusion; (c) Too unequal: there is a lack of equality between the powerful, wealthy litigant and the under resourced litigant; (d) Too uncertain: the difficul ty of forecasting what litigation will cost and how long it will last induces the fear of the unknown; (e) Incomprehensible to many litigants; f) Too fragmented in the way it is organized since there is no one with clear overall responsibility for the administration of civil justice; and (g) Too adversarial as cases are run by the parties, not by the courts and the rules of court, all too often, are ignored by the parties and not enforced by the court. The Basic Reforms of Woolf A system is needed where the courts are responsible for the management of cases. The courts should decide what procedures are suitable for each case; set realistic timetables; and ensure that the procedures and timetables are complied with. Defended cases should be allocated to one of three tracks: (a) An expanded small claims jurisdiction with a financial limit of ? 3,000; (b) A new fast track for straightforward cases up to ? 10,000, with strictly limited procedures, fixed timetables (20-30 weeks to trial) and fixed costs; and (c) A new multi-track for cases above ? 10,000, providing individual hands on management by judicial teams for the heaviest cases, and standard or tailor made directions where these are appropriate. Lord Woolf’s Inquiry was also asked to produce a single, simpler procedural code to apply to civil litigation in the High Court and county courts. The Final Report was accompanied by a draft of the general rules which would form the core of the new code. Pros and Cons of wolf reforms * However, costs have increased, or have at least been front-loaded. In particular, in cases where mediation has been attempted and agreement has not been reached, costs are clearly higher for the parties. * Litigation will be avoided wherever possible. People will be encouraged to start court proceedings to resolve disputes only as a last resort, and after using other more appropriate means when available. * Litigation will be less adversarial and more co-operative. There will be an expectation of openness and co-operation between parties from the outset, supported by pre-litigation protocols on disclosure and experts. * Litigation will be less complex. There will be a single set of rules applying to the High Court and the county courts. The rules will be simpler. * The timescale of litigation will be shorter and more certain. All cases will progress to trial in accordance with a timetable set and monitored by the court. * The cost of litigation will be more affordable, more predictable, and more proportionate to the value and complexity of individual cases. There will be fixed costs for cases on the fast track. Estimates of costs for multi-track cases will be published or approved by the court. * Parties of limited financial means will be able to conduct litigation on a more equal footing. Litigants who are not legally represented will be able to get more help from advice services and from the courts. There will be clear lines of judicial and administrative responsibility for the civil justice system. The Head of Civil Justice will have overall responsibility for the civil justice system. * The structure of the courts and the deployment of judges will be designed to meet the needs of litigants. Heavier and more complex civil cases will be concentrated at trial centers which have the resources needed, incl uding specialist judges, to ensure that the work is dealt with effectively. * Judges will be deployed effectively so that they can manage litigation in accordance with the new rules and protocols. Judges will be given the training they need to manage cases. * The civil justice system will be responsive to the needs of litigants. Courts will provide advice and assistance to litigants through court based or duty advice ; assistance schemes, especially in courts with substantial levels of debt and housing work. Final conclusion It can be concluded, overall the Reforms were supported by both branches of the legal profession, judiciary and both the lay and the legal press welcomed them. Promoting settlement and avoiding litigation can be the iggest boon to litigants who otherwise when get entangled in the costly and everlasting court procedures suffer a lot. The reforms intended to focus on reduction in cost and delay, however they did not escape criticism and reduction in cost is still considered to be a debatable area. But the reforms were a step in the right direction and were deemed triumphant as they have resulted in justice being accessible to wider proportion of society espe cially when problem is of small nature and can be quickly and cheaply dealt with in lower courts. Wholistically, the advantages of the Reforms outshine the disadvantages. The reforms were a positive way for the future; still a lot of work needs to be done in a few areas for making timely, inexpensive justice available to the lay man. Reduction in cost of litigation as a consequence of reforms was not fully realized but nonetheless it cannot be said that reforms had a detrimental impact on civil justice overall as timely exchange of information between the parties does promote culture of co-operation and settlement if not always and as a result of the reforms problem of delay in litigation were well catered. There was a move away from the adversarial culture and increase in out of court settlements was seen. It can be concluded that the foundation stone for a better and prosperous litigation culture has been laid, what needs to be done now is to rectify the shortcomings of the Woolf reforms and build on the so called revolutionary much needed positive reforms aiming to avoid litigation and promoting timely settlement of disputes, so that parties no longer are faced with the never ending litigation process. Bibliography * http://www. lawteacher. net/english-legal-system/lecture-notes/civil-justice-review. php * Cambridge University Press: 978-0-521-11894-1 – Judging Civil Justice: Hazel Genn: Excerpt * D. Gladwell, ‘Modern Litigation Culture: the first six months of the Civil Justice reforms in England and Wales’ 19 Civil Justice Quarterly, 2000 pp. 9-18 * Gary Slapper and David Kelly, The English Legal System 9th edition, Routledge. Cavendish, Chapter 9(The Civil Process), pg 369. * P. How to cite Lord Woolf’s Reforms, Papers

Operational Efficiency and Financial Obligation †MyAssignmenthelp

Question: Discuss about the Operational Efficiency and Financial Obligation. Answer: Introduction: It is the measure of firms leverage in terms of financial obligation and relates to the companies financing its debt in comparison to the amount of equity financing. High debt to equity ratio is good for the company since it shows the operational efficiency is high as the debt is high as well as equity. The financial industry especially has a high debt to equity ratio due to the fact that it borrows money to also lend money(Corelli, 2017). A high debt to equity ratio shows that a specific firm has been super aggressive in growth financing with the debt it has incurred which may lead to financial distress when its profits or received earnings do not surpass the cost of funds borrowed. Therefore there is identifiable value maximization due to the following; An optimal structure in capital is the best in debt to equity ratio for a company that has its value maximum. Optimal structure of capital gives a balance between the ideal situations of debt to equity range while also minimizing the capital cost of the company. Debt financing is the lowest form of cost of capital due to the fact that there are a lot of tax deductible allowances involved. The value of the stocks of a company is only one part of the total value of the company. An optimal capital structure where stock price is maximized is at the point where WACC is minimum. Thus a company is said to have an optimal capital structure where equity stands at 60% and debt equity is at 40% (Escolano Gaspar, n.d.). The companys total value is comprised of preferred equity holders, common equity holders and debt holders who make up the companys capital structure. Therefore, when calculating a companys value using debt to equity ratio there will be changes in the value of the company especially when any of the component in the capital structure changes. References Corelli, A. (2017). Inside Company Valuation. Cham: Springer. Escolano, J., Gaspar, V. Optimal debt policy under asymmetric risk.