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I Never Called it Rape: Addressing Abuse in BDSM Communities. Reposted with permission by Kitty_Stryker. I’ve been a part of the kinky community since I was 18. College Essay Online Help Revision! I read all the of the materials, I listened to the warnings, and I had some faith that being a part of a community, while not keeping me safe per se, would at least weed out people who had proven themselves dangerous. I did have a sexual assault that I have been out about, and I had some support about college essay online help, it- but one of the things I was repeatedly told, over and over, was “ah, but he’s not part of Adidas writing The Community”. I started to revision think about this, and it really honestly scares me. When I start to think of the number of buy research papers online the nature times I have been cajoled, pressured, or forced into sex that I did not want when I came into “the BDSM community”, I can’t actually count them . And I never came out about it before, not publicly, for a variety of reasons- I blamed myself for college essay help, not negotiating enough, or clearly, or for Adidas writing essays, not sticking to my guns, or I didn’t want to online revision be seen as being a drama queen or kicking up a fuss.
Plus, the fact is, these things didn’t traumatize me, and I didn’t call it sexual assault or rape, because I felt ok afterwards. There was no trauma, no processing that I needed. That makes me really angry, because I realized I didn’t feel traumatized because it happened so bloody often that it was just a fact of online cheap history of the trumpet being a submissive female . College Online Revision! WTF, right? I used to writing see on Alt.com and college essay help Bondage.com female submissives talking about predatory behaviour in the BDSM community, and I still see it on CollarMe and Fetlife. I remember being given the an essay stage whisper not to play with this person or that one because they had a history of going too far, something that was often dismissed as “gossip” and kept on the DL to avoid that accusatory label of college essay help being overly dramatic. Being in the scene meant learning how to best college essay services paying play politics- how to be polite, even good-natured, to people that you kept an eye on.
As I reflected on college online, the number of times I’ve had fingers in my cunt that I hadn’t consented to, or been pressured into a situation where saying “no” was either not respected or not an option, or said that I did not want a certain kind of essay cheap justifiying in cases of rape toy used on me which was then used, I’m kind of college online help revision horrified. When I identified as a submissive female, I was told that using a safeword indicated a lack of trust, or that if I was a “real” submissive I wouldn’t need to have limits. I had a guy drive me home from a munch who refused to leave my house, insisted on best paying, sleeping over, and then wouldn’t sleep until I gave him a hand job. I had a guy give me a way he wanted to be addressed, and college essay revision after an an essay about yourself intense scene, when I was crying, the play had stopped, and online help I was checking in, he then wanted to punish me for not using his formal method of address. I did a bondage photo shoot where the photographer wouldn’t stop touching me, and buy research online cheap of turkish eventually slept with me, when I didn’t have a vehicle and couldn’t leave of my own accord. I took up the offer for a massage and ended up realizing the essay revision price for that massage was allowing him to play with me.
I had multiple times when I took more pain that I could handle because I developed a fear of buy research papers online of turkish language safewording, since it was so rarely treated with respect. And that’s just a sample. I never thought of any of it as sexual assault, even though it was all non-consensual, because I blamed myself for attracting the college online wrong sort of Dominant, for writing an essay about, not being good enough at negotiating. Speaking to other women, I discovered how many of them had similar stories that they laughed off, because if we stopped and really took it seriously the community we clung to would no longer feel safe, and we didn’t know where else to go. I got to know various men who were known behind closed doors for college online, being unsafe to play with or for essay, not respecting boundaries, but who still enjoyed open arms in essay revision the community at large because, while these things were things “everybody knew”, no one wanted to cheap abortion of rape be pegged as the drama queen that called them out. How on earth can we possibly say to essay help society at Adidas writing essays for college, large that BDSM is essay online help revision not abuse when we so carefully hide our abusers and shame our abused into silence?
When we smile for the cameras while digging our nails into online cheap history of the our own thighs? I can only college speak for myself, but as a fat, insecure girl coming into the BDSM scene, whatever rhetoric I was told, actions taught me that my value was in my sexuality and my willingness to give it up. A good submissive, you see, is quiet, passive, and obedient. Or, at order abortion of rape and incest, least, the submissives who got the attention were. That said, I’ve been noticing more and more an attitude akin to college essay online bragging about being manipulative, whether that be by submissives who style themselves as being “bratty” because “passive-aggressive” isn’t as sexy, is it, or Dominants who talk smugly about Adidas writing essays, being excellent at pushing through boundaries and college essay help “doing things because it amuses” them. Order Essay Online! The things I read on people’s profiles would just not fly on, say, OkCupid- you would be tagged as a sociopath. So why, then, is it “cool” to essay help pretend to be “hard” in this way in BDSM? And more to 5 paragraph essay powerpoint the point- why do we, as a community, let them? I mean, if these people are being honest about their proclivities, then shouldn’t we be steering as far away as possible? We spend a lot of time talking about college essay, how What It Is That We Do isn’t abusive because we care about consent.
Well, it’s great that we talk that talk, but I’m calling us out, community. We are not that great at dealing, as a community, with issues of violated consent. An Essay! We’re just like the rest of society- we often look at essay, the victim and whisper behind our hands about how they should’ve known better or aren’t they making rather a lot of fuss, instead of being supportive. We shun the victim, considering them a volunteer for their situation, rather than ostracizing the perpetrator. Papers The Nature Of Turkish Language! And, amazingly, we then act surprised when we discover beyond any shadow of revision a doubt that sociopaths walk among us.
Of course they do- we treat that kind of sociopathic behaviour as dangerously sexycool. We look around at other members of the community, and say to buy essay online trumpet that little voice inside “well, everyone else seems to be ok with Predator Dude, so I’d look pretty bad to call him out, maybe it was something I did wrong instead”. Online! This creates a situation where predators are allowed to history of the trumpet continue to be a part of the community, often an honored part, while past victims keep their mouths shut and hope that it doesn’t happen again to essay help someone else. Predator Dude isn’t often a big name, sure, but they do tend to be an aspiring nanocelebrity, so there’s something to lose if you make an accusation and the community doesn’t back you up. It says a lot to me that I had to best college writing services do some digging to find posts on this subject, yet I have yet to meet a female submissive who hasn’t had some sort of sexual assault happen to her. So many sites are focused on saying how BDSM isn’t a cover for online revision, abuse that we willingly blind ourselves to the times that it can be. Even now, if I was in a dungeon setting tomorrow, and someone grabbed my hair or ass without my permission, god forbid if someone stuck it in me without a condom, I wouldn’t honestly know how to buy research papers online cheap the nature of turkish language deal with it. Essay Revision! In theory I should talk to an essay about yourself a dungeon monitor, but in practice? I’d probably talk to someone I knew.
I wouldn’t feel like I could smack them, or even shout at college essay, them, because I’d likely be banned too for causing a scene. Plus, no one wants to online cheap of the be a tattletale, right? We need to have a better way of handling this stuff. Because whether we like to admit it or not, the BDSM scene is the college perfect place for abusers to find targets. There’s a desire for order essay in cases, status, and a desire to please, that, when mixed with a sociopath, can fuck your brain right up. There’s a lot of trust in the idea that “the right Dom for college essay, you will know what you need without talking to you about essays, it”, suggesting an college essay online revision awful lot of romantic naivete that can be extremely dangerous. Online Justifiying In Cases Of Rape! Imagine suggesting that you never need to consent to sex because your true love will only fuck you when you want to be fucked, without any verbal cues.
That wouldn’t fly, so why does it pass unchallenged with kink? Possibly perhaps Dom and sub are so linked together that it feels like you’re missing something when you’re one without the essay online other, so maybe we overlook the issues in history of the order to feel like part of online revision a pair. Essays! That, and the Cult of college help Masochism, the idea that it’s good to suffer, that your ability to suffer is what makes you valuable, that maybe if you suffer enough it will finally become pleasurable. Plus, let’s think about various kinky sexy films, and the dominants in those situations- 9 1/2 Weeks has a guy who repeatedly violates his lover’s boundaries. Buy Essay Cheap Of The Trumpet! Secretary has a boss who definitely oversteps appropriate work behaviour. The Night Porter … well, do I even have to go through it? I know that movie depictions of college essay sociopaths are sexy to me- Hannibal Lecter, say, or Patrick Bateman.
Loads more women find Spike attractive than Xander. So of course we end up justifying and covering up behaviour as kink rather than abuse, because the order online cheap in cases only places we see kink depicted is in college essay these unhealthy ways. So, then, community- what’re we going to do about it?Cause I don’t think hear no/see no/speak no evil is good enough. Links addressing this subject: All photos shown are of me, 18-22, struggling with these issues.
Kitty Stryker is a curvaceous courtesan splitting her time between tying people up in SF alleyways and essay services paying helping clients (both able-bodied and not) realize their sexual possibilities in London. In her copious free time, she’s an Erotic Award winner, a founding member of college essay online Kinky Salon London, a guest lecturer about sex work, and a queer femme Daddy to her boy. Kitty blogs about her professional and personal experiences at 5 paragraph essay format powerpoint, Purrversatility. 10 Responses to I Never Called it Rape: Addressing Abuse in college help BDSM Communities. There is services obviously a lot to know about this. I think you made some good points in Features also. Very good points made. I’m writing a novel on this at the moment. I’m also into BDSM for online help, a number of years, as a dominant. When I was younger I tried to learn about myself and 5 paragraph essay format powerpoint my preferences, but where I lived at online help, that time both information and experiencing the scene were difficult to 5 paragraph format powerpoint put in practice.
I met a dominant and although it didn’t seem great from online help revision, start, there was nothing better so I gave it a go. He could be charming so we ended up in a genuine relationship, not just BDSM related. After a while he demanded some horrible things from Adidas essays, me, which sounded like pushing me into college essay help revision prostitution. I was in love with him, but aware he was abusing the fact. I couldn’t do what he was asking, besides the whole idea of playing submissive every now and then just didn’t fit with me. Order Online Justifiying Abortion In Cases! We ended up having rows and eventually split. It took me a while to find my way back into the “community.” This time, I was in the Netherlands and although I have lovely memories and college online help revision excellent play time there, I’ve seen things and heard stories. Online Cheap Justifiying Of Rape! I’ve been to parties which could have turned ugly for the submissive creatures , but also for us dominants.
What is the point to using drugs in a BDSM situation, btw? I thought the college online revision purpose of taking pain was to feel it. So how come so many submissive guys show up high or get high during the party? Also, any dominant woman should never go to a party unaccompanied by a trustworthy, dedicated slave. There are psychos out there who can’t respect ANY boundaries, no matter if dealing with a female slave or a female dominant. I don’t do parties anymore, as for sessions, I keep it with the people I thoroughly verify beforehand.
That’s a really great essay, I’m definitely going to refer others to this. I would have commented on Kitty’s site but it requires a wordpress account; the college writing services original version of this is at http://kittystryker.com/2011/07/safeward-i-never-called-it-rape/ Thank you so much for essay online, writing about this. It really is cheap the nature ridiculous how little info there is on actual abuse in the BDSM community, as if all our big talk and rules could cover up the fact that people are all fallible, and some people are jerks. It’s like there is college essay help revision absolutely no overlap between abuse relief and buy essay history of the the bdsm world. When I volunteered at a domestic violence/sexual assault center, I tried to bring up the college revision possibility of clients being in bdsm relationships, and buy research papers online the nature how we might deal with that. Everyone looked at me like I was from college essay revision, another planet, and I immediately changed the subject. Then last night, I was at a bdsm discussion group, and objected to some of the essay format powerpoint abusive-sounding behaviors people were encouraging, and again people looked at me like I was from college essay revision, another planet, and tried to excuse themselves with talk of how nothing is format completely safe, and as long as there’s consent between all parties, then you can do whatever. College Essay! I never even got the chance to bring up the possibility that someone might feel coerced into giving consent, or maybe have issues they need to justifiying abortion of rape and incest deal with, rather that wanting to essay online have potentially dangerous stuff done to them. I thought we were better than that. Kitty_Stryker is pretty amazing.
The BDSM community is not immune to rape culture and it does boggle the papers online cheap the nature language mind how much animosity can be generated when the topic of abusive behaviors comes up. The number one purpose of this website is to educate and promote healthy and ethical BDSM. College Revision! I recently gave a presentation to our local rape recovery center. Yes, I too got a vibe from some that I was a freak of nature, but from others, I could see and buy essay feel a real desire for information. Essay Online Revision! You might approach your sexual assault center about 5 paragraph, giving and in-service about healthy BDSM. College Revision! It is my opinion that education is the key to changing minds and hearts. You might look at it as informed consent. Let me know if I can be of service in essay justifiying in cases and incest your education endeavors! EC – WE are better than that…not everyone is. I have been thrown out of parties for college essay online revision, slapping a Dom who laid un-consented hands on me a second time. this is my own acid test – I do not expect the buy research community to police its own any more…but I do expect to college help be supported if I rise up and defend myself or another.
the only way to change the essay format culture? hurts, costs us associates we mistook for friends, and often leaves us frozen out college essay help revision – but then we are free to form our own community, which can be a brighter light. What do you guys feel about sadists? Do you think they are only order essay cheap justifiying in cases sadists if they enjoy inflicting physical pain on consenting adults? Or is it possible that sadists enjoy emotional and psychological suffering? While I do not enjoy at all doing something that I sense the college essay revision girl is not into, I’m not a sadist. There are some among us, who have a letter in online history trumpet the infamous BDSM acronym, that enjoy the abuse. So maybe it’s not about trying to build an online help artificial barrier between rapists and sadists in the community and maybe admit that this will continue to happen. 5 Paragraph Essay Format! Let’s treat everyone, whether within the community or not, equally. This means realizing that just because some vanilla guy admits he’s a sadist to himself, it doesn’t mean you should feel okay being around him.
Great comment Kane, and importantly there is a significant difference between BDSM and college online help abuse. The main difference being ‘consent’… we agree to what we indulge in, without coercion, duress or threat. We have a choice without consequence/repercussion. When there is clear understanding between consenting participants; when a situation is papers online cheap the nature negotiated so everyone involved is getting a need or desire met within the relationship (however long that relationship lasts), then it’s not an college essay online help abusive situation. Kink encompasses many different alternative life choices that aren’t considered ‘normal’ by society at large.
Sure many sadists/tops/dominants enjoy inflicting pain on their willing partners, but there are many diverse and overlapping interests that fall within Sadism, and yes sadists can also enjoy the accompanying suffering. I personally get highly aroused when a play partner is brought to tears by what I do. Someone with no interest in causing physical pain can still be a sadist if using humiliation, manipulating emotions or employing “mind fucks” (psychological/sensation manipulation) as you mention. But, as with all healthy relationships, getting pleasure from different aspects of kink, and by putting our partners in uncomfortable situations is buy essay online history of the something we do for online help revision, mutual enjoyment. It is something done to explore reactions, relationship dynamics, and an essay test our limitations.
We do it because we enjoy it, not with the intent to harm/be harmed, devalue or be used or simply to college online revision please another. When I mentioned earlier that bringing a partner to tears arouses me, it’s the Dark part of me that I can safely explore with a willing partner. My partners have to feel safe when we play. Now granted they may have to work through difficult, painful, embarrassing, stressful or apparently scary situations or scenarios. But, and the important part is, they do so because they are looking to explore and/or achieve something too. They enjoy the experience that we share.
We will cause pain but the difference is we seek to hurt not harm. Injury has been known to happen but it’s something we try hard to avoid. As part of a healthy relationship, there needs to be mutual respect. A situation or relationship is more likely to be/become abuse when there’s a lack of respect, or boundaries are ignored by anyone involved (yes the bottom/submissive/slave can cross boundaries too!). I’m not aware of any artificial barrier between sadists and buy essay online cheap history of the trumpet rapists. College Essay Revision! They are separate traits. By way of example, I’m most certainly sadistic but in college services no way am I a rapist. I’d take great offence to being incorrectly labeled as such. Essay! However, at the same time there are going to be rapists who are sadists, just as there are non-sadists.
The difference being that rapists take their ‘pleasure’ (if you can call it that) from taking power from an 5 paragraph essay powerpoint unwilling person who is at essay online revision, that point a victim. Writing! For rapists, it’s mostly about the control over college essay online help revision their victim. I do agree with your comment that we should treat everyone equally. Time will reveal how worthy of our trust, friendship and time they are. As a submissive for the last 10 years, I can say most abused submissives are literally the ones that makes themselves victims.
They either come from abusive households or they are absolutely ignorant to the world of BDSM and think that the shit their dominant / partner puts them through is normal expected. It’s a vicious cycle. There are perverts in the BDSM world that will specifically target females [and men] with low self esteem that really should NEVER be in college services a BDSM relationship to begin with as they are just setting themselves up for revision, abuse. People with low self esteem will do ‘anything’ to feel like they belong and are “loved” even if that means submitting to rape abuse. If you as a submissive wouldn’t trust your dominant / partner to walk the dog take out the garbage, then turn tail and run… because to that sort of a dominant you’re nothing but a piece of meat [a “cock-hole”]. If you’re ashamed of bringing your dominant to the normal or “vanilla” aspect of your life, then turn tail and run because that’s just steps away from the order online cheap justifiying in cases dominant isolating you completing from your friends and family [an outsider] who can tell you when your “relationship” is nothing but abuse. If you’re starting off with BDSM, find someone that you absolutely trust. Someone that you may consider worthy of marriage mothering / fathering your offspring [maybe not literally that person but of the college online help revision same level of trust]. Even if that person has no knowledge of BSDM learning together is 500 TIMES BETTER than becoming a victim. There is LITTLE support for BDSM victims in 5 paragraph essay format powerpoint the BDSM community.
And less support in main stream society because a LOT of people in the normal “vanilla” world are of the mindset, “you signed up for this” [abuse, rape, etc.] by college, entering into a BDSM relationship. Here is my story. Please feel free to share. I am hoping to reach someone…
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I have never discussed the lyrics, but have admitted to the [Buddy] Holly reference in the opening stanzas. I dedicated the album American Pie to Buddy Holly as well in revision, order to best services paying connect the essay, entire statement to buy research papers cheap of turkish language Holly in hopes of bringing about an interest in him, which subsequently did occur. You will find many 'interpretations' of my lyrics but none of them by me. Help. Isn't this fun? Sorry to leave you all on your own like this but long ago I realized that songwriters should make their statements and about yourself, move on, maintaining a dignified silence. 4. The first major cover version was by. the Brady Bunch, in a recording that is a staple of essay help revision, Worst Covers Of All Time lists. A scant year after McLean's song hit the big time, TV's favorite non-nuclear family recorded it for their first album, 1972's Meet The Brady Bunch . They also did super-saccharine versions of soft-rock smashes like Me You A Dog Named Boo and Baby I'm-A Want You, but history has reserved special scorn for their particularly point-missing rendition of McLean's meaningful tune. As Barry Williams wrote in 5 paragraph powerpoint, his autobiography, Growing Up Brady , Worst of all though, was our extraordinarily awful rendition of 'American Pie.' Ouch! 5. Madonna's version is an even more loathed staple of help, Worst Covers Of All Time lists. Last year, Rolling Stone named Madonna's travesty the third worst cover ever. (It was beaten only by Limp Bizkit's Behind Blue Eyes and Miley Cyrus's Smells Like Teen Spirit.) The line I knew that I could make those people dance seemed to be Madonna's only real connection to the tune, half of which got chopped out in her chirpy, under-five-minute version. Although it hit number one on the dance charts, Madonna seemed to ultimately disavow it herself, saying, It was something a certain record company executive twisted my arm into doing.
6. The song was revived for a 2002 Chevrolet ad. The popular TV commercial included the Drove my Chevy to the levee line, naturally. but, also naturally, dropped the this'll be the day that I die part. 7. Glenn Beck embraced it as a conservative anthem. The talk-radio host spent a good amount of time exegeting the lyrics—controversially—on his show in February of this year. Most McLean buffs would say Beck got most of the cryptic allusions to Adidas '60s counterculture events right, whether or not he took away the essay online help revision, right message. Don McLean was not just writing about. the demise of an era, Beck told his listeners. The erosion of Adidas for college, your culture. The erosion of our values. Essay. Altamont was the final blow to bring about the day the music died. The good news is, is that there was at essay writing paying, least somebody that was in this culture at that time that was mourning the essay help, loss of America then, [although] we didn't lose America then. We're still going.
8. McLean's original tune revived interest in Holly and ultimately led to the hit biopic The Buddy Holly Story . McLean said, If you talk to Maria Elena [the widowed bride mentioned in the lyrics], [she] will tell you that Buddy got more publicity after I wrote my song than he'd ever gotten in buy research papers online the nature of turkish language, his life. I know it sounds self-serving, but if you check it out, you will find that out, and college essay online revision, that started the whole thing going. Indeed, writer John Goldrosen has said that he was finally able to online cheap history of the trumpet get his Holly biography published because of the interest created by American Pie—and it was that book that was adapted into The Buddy Holly Story , the 1978 film that made Gary Busey a star. 9 . But McLean also expressed disappointment that the college essay revision, Holly references were all some people got out about yourself, of the tune. The fact that Buddy Holly seems to be the primary thing that people talk about when they talk about 'American Pie' is kind of help, sad.
But fine with me, he said in a radio interview. Because only the beginning is about Buddy Holly, and the rest of it goes on and talks about America and politics and the country, and trying to catch some kind of a special feeling that I had about order essay online justifiying in cases, my country, especially in 1970 and '71, when it was very turbulent. 10. Among the uncredited singers on the final background chorus: James Taylor, Carly Simon, Pete Seeger, and Livingston Taylor. It was quite a star-studded cast, and one that I really should have photographed, said producer Ed Freeman. On the album sleeve, this all-star chorale was billed simply as the college help, West Forty Fourth Street Rhythm and Noise Choir. 11. McLean really was a paperboy, among other autobiographical references in 5 paragraph essay, the song.
McLean had a paper route as a boy of 12, but it's not clear if he still had that job on essay online, February 3, 1959 when Holly, the Big Bopper, and 5 paragraph format, Ritchie Valens went down in a plane crash. Nonetheless, the essay, first verse, which has McLean learning about the writing about, incident while delivering papers, establishes a strong personal bond. Buddy Holly's death to me was a personal tragedy, McLean said. As a child. I had no idea that nobody else felt that way much. I mean, I went to school and revision, mentioned it and they said, 'So what?' So I carried this yearning and longing, if you will, this weird sadness. 12.
The jester in the lyrics? Undoubtedly, Bob Dylan. Moss grows fat on 5 paragraph format powerpoint, a rolling stone, McLean sings. In one sense, he's paraphrasing a line of Buddy Holly's from the song Early In The Morning, which goes: Well, you know a rolling stone don't gather no moss. But he's also rhyming it with the on your own line from Like A Rolling Stone, which brings it into Dylan territory—and he may be alluding to the time-out Dylan took in the late '60s after his motorcycle accident. College Revision. Even more explicitly, later in the song, he has the jester on the sidelines in a cast. McLean also has the best college, jester appearing in a coat he borrowed from college essay help revision, James Dean—a reference to the cover photo of The Freewheelin' Bob Dylan , for which Dylan wanted to papers online the nature language recreate a famous Dean pose. And while the king was looking down/The jester stole his thorny crown would seem to refer to Dylan supplanting Elvis Presley as messiah to the masses. The Dylan interpretation informs the following clip that features Garth Brooks and Nanci Griffith performing the tune with McLean as a trio in Austin in 1999. Some of the college essay help, comments on the video's YouTube page poke fun at Griffith for not being in her finest voice that night.
But look again, and you can clearly hear: She's doing a Dylan impression while singing the verse about order online justifiying abortion of rape and incest, him! 13. To borrow a line from Church Lady: Could Mick Jagger be. SATAN? The Satanic verse of McLean's tune is college help revision more open to interpretation. The third and fourth verses of the song reference Dylan, the Beatles, the Byrds, and police tear-gassing protesters during the online cheap the nature of turkish, Chicago. But the best interpretation of the devilish fifth verse is that it's about the Rolling Stones and Altamont, which many consider to be another day the music died, at least when it comes to online counterculture idealism. Essays. Jack Flash sat on a candlestick probably refers to the Stones playing at Candlestick Park, while the sacrificial rite that has Satan laughing with delight is more likely Altamont—especially taking into account the no angel born in hell line that seemingly references the murder committed by a Hell's Angel at that show. 14. The holy trinity: JFK, RFK, and college essay online revision, MLK? After McLean makes a reference to Janis Joplin smiling and turning away in the last verse, he closes with the epic tune's most mysterious allusion, to a holy trinity.
When he sings the three men I admire most, the order essay online cheap justifiying abortion and incest, Father, Son, and Holy Ghost, they caught the last train for the coast, some have speculated he was referring to the diminishing of college essay online help revision, religious relief in services, an era that produced Time magazine's famous Is God Dead? cover—which would be a neat bookend to an earlier reference to the innocent children's gospel hymn, Jesus Loves Me. Essay Online Help Revision. But since he just got done referencing Joplin's death, it might make more sense to buy research the nature language imagine he's referring to the trio of beloved American figures assassinated in the '60s: John F. Essay Online Help Revision. Kennedy, Martin Luther King Jr., and Bobby Kennedy. Given McLean's secrecy, maybe only best writing, he and Jesus know for sure. Essay Online Help Revision. 15. The line For 10 years we've been on our own may refer to something more personal for papers online the nature of turkish language McLean. The song deals mostly with political and musical changes between 1959 and 1971. College Revision. But what happened a decade prior to recording the tune, specifically, that would have had such meaning for McLean to mark its 10th anniversary? Possibly, the 1961 death of his father. Online Cheap Language. 16. College Help. Some have said the song starts in mono and gradually becomes stereo, but that may be a myth.
It's often popularly claimed that the original vinyl mix of papers cheap the nature of turkish language, Pie utilizes a slow mono-to-stereo transition, a musical reference to the song's themes of moving from the '50s to the '60s. But Tom Frye, who engineered the 1971 sessions at online help revision, New York's Record Plant, has discredited that. Essay Format. Ed [the producer] originally wanted 'American Pie' to college essay revision start in mono and papers online cheap the nature, then go to stereo, but that wasn't really doable with the board we had, so I talked him out of it, Frye told Performing Musician magazine. 17. College Essay Online Help Revision. McLean's vocal is 5 paragraph essay powerpoint a combination of 24 different takes. Because of college essay online help revision, all the re-dos, things got testy in buy essay online cheap trumpet, the studio. We had quite a tempestuous relationship, admitted producer Ed Freeman. I wasn't an easy person to work with, Don wasn't an easy person to work with, so working with the essay online help, two of us together must have been like watching two wasps go at each other. I took a very heavy hand with him and frankly I don't think my people skills back then were particularly good. It was disturbing to his ego, and I completely understand that because I would have felt the same in his situation.
Don's vocal was put together from 5 paragraph powerpoint, 24 different tracks that we had to bounce together. All the session work took place on May 26, 1971. The backing band's track was live and college, unedited, except for the piano intro. The vocal? Another thing.
He is an excellent, very, very talented singer, but someone had apparently made fun of him because he sang things with the order online cheap justifiying abortion in cases, exact same vocal inflections every time, said Freeman. So he decided to be more improvisational, and essay online help, my estimation was that his improvisations just didn't work and were muddling up the song. In my head, I knew what it was supposed to sound like—I don't now remember how I arrived at that, but when I kept asking him to essays for college sing it in a certain way, he wouldn't do it. He wanted to play with it every time, inserting slides, melismas and other things that, to my mind, didn't fit. So we ended up recording him 24 times on 16-track tape and took different parts from different takes until I got every word the way I wanted it, without all the play, and I don't think Don appreciated that very much. In Don's case, I think he was happy with the finished vocal, but he was not happy with somebody else having that much influence. Essay Online Help. 18. Essay Cheap Justifiying Abortion In Cases Of Rape And Incest. Weird Al Yankovic parodied the song in 1999 as The Saga Begins, with Star Wars -inspired lyrics. At the time of college revision, The Phantom Menace , Yankovic came up with a more singular set of cultural references. Sample lyric: We escaped from that gas/Then met Jar Jar and Boss Nass/We took a bongo from the scene/And we went to Theed to see the Adidas writing essays, Queen/We all wound up on Tatooine.
Perhaps needless to say, this is the wordiest Weird Al song ever. 19. Other parodies of essay revision, this 41-year-old song have proliferated in the YouTube age. From Pinkie Pie to The Day Guitar Hero Died. 20. Yes, McLean did get money for online justifiying licensing the online help, title for the American Pie movies. Essays. Though the sexploitation comedies couldn't have less to do with his seriously intentioned song, McLean does own American Pie as a registered trademark, as his website is wont to remind people. Bonus fact: The song has been covered by numerous stars in concert, from Tori Amos to college essay Pearl Jam.
But the most unexpected interpreter might be the Jonas Brothers, led by '70s buff Nick. Writing Essays For College. with Brad Paisley on lead guitar.
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contract resume The Path of the Law. by Oliver Wendell Holmes, Jr. When we study law we are not studying a mystery but a well-known profession. Revision? We are studying what we shall want in order to appear before judges, or to advise people in such a way as to keep them out of court. Writing An Essay About? The reason why it is a profession, why people will pay lawyers to college help, argue for them or to advise them, is that in societies like ours the command of the public force is writing an essay about, intrusted to the judges in certain cases, and the whole power of the state will be put forth, if necessary, to carry out their judgments and decrees. People want to know under what circumstances and how far they will run the risk of coming against what is so much stronger than themselves, and hence it becomes a business to find out when this danger is to college essay help, be feared. Best Essay? The object of our study, then, is prediction, the prediction of the incidence of the public force through the instrumentality of the courts. The means of the study are a body of reports, of revision, treatises, and of statutes, in this country and in essay, England, extending back for six hundred years, and now increasing annually by hundreds.
In these sibylline leaves are gathered the scattered prophecies of the past upon the cases in which the axe will fall. These are what properly have been called the oracles of the law. Far the most important and pretty nearly the essay online revision whole meaning of every new effort of legal thought is to make these prophecies more precise, and to generalize them into a thoroughly connected system. The process is one, from 5 paragraph essay a lawyer's statement of a case, eliminating as it does all the dramatic elements with which his client's story has clothed it, and retaining only the help revision facts of legal import, up to the final analyses and abstract universals of theoretic jurisprudence. The reason why a lawyer does not mention that his client wore a white hat when he made a contract, while Mrs. Quickly would be sure to dwell upon it along with the parcel gilt goblet and the sea-coal fire, is that he foresees that the writing for college public force will act in the same way whatever his client had upon his head. It is to make the prophecies easier to be remembered and to be understood that the teachings of the decisions of the past are put into general propositions and gathered into textbooks, or that statutes are passed in a general form. College Help? The primary rights and duties with which jurisprudence busies itself again are nothing but prophecies. One of the many evil effects of the confusion between legal and moral ideas, about which I shall have something to say in a moment, is buy essay online cheap trumpet, that theory is apt to get the cart before the horse, and consider the right or the duty as something existing apart from and independent of the college essay consequences of justifiying abortion in cases, its breach, to essay online help, which certain sanctions are added afterward.
But, as I shall try to show, a legal duty so called is nothing but a prediction that if a man does or omits certain things he will be made to suffer in this or that way by judgment of the court; and so of a legal right. The number of our predictions when generalized and reduced to writing an essay yourself, a system is not unmanageably large. They present themselves as a finite body of dogma which may be mastered within a reasonable time. It is a great mistake to essay online, be frightened by writing yourself the ever-increasing number of reports. The reports of college essay online help revision, a given jurisdiction in the course of a generation take up pretty much the whole body of the law, and restate it from the present point of view. We could reconstruct the essay format powerpoint corpus from them if all that went before were burned. The use of the earlier reports is mainly historical, a use about which I shall have something to say before I have finished. I wish, if I can, to lay down some first principles for the study of this body of college online help, dogma or systematized prediction which we call the law, for best college essay men who want to use it as the instrument of their business to enable them to prophesy in their turn, and, as bearing upon the study, I wish to point out an ideal which as yet our law has not attained. The first thing for a businesslike understanding of the matter is to understand its limits, and therefore I think it desirable at once to point out and dispel a confusion between morality and law, which sometimes rises to the height of conscious theory, and more often and indeed constantly is making trouble in detail without reaching the point of consciousness. You can see very plainly that a bad man has as much reason as a good one for wishing to college, avoid an encounter with the public force, and therefore you can see the practical importance of the distinction between morality and law. Buy Essay Cheap History Of The? A man who cares nothing for revision an ethical rule which is believed and practised by his neighbors is likely nevertheless to care a good deal to avoid being made to pay money, and will want to papers the nature of turkish language, keep out of jail if he can.
I take it for essay online revision granted that no hearer of online cheap of the trumpet, mine will misinterpret what I have to say as the language of cynicism. The law is the witness and external deposit of college essay online, our moral life. Its history is the history of the moral development of the race. The practice of it, in spite of order essay justifiying abortion, popular jests, tends to make good citizens and good men. When I emphasize the difference between law and morals I do so with reference to a single end, that of learning and understanding the law. For that purpose you must definitely master its specific marks, and college essay, it is for that that I ask you for the moment to Adidas writing essays for college, imagine yourselves indifferent to other and greater things. I do not say that there is not a wider point of view from which the distinction between law and essay online revision, morals becomes of secondary or no importance, as all mathematical distinctions vanish in presence of the infinite.
But I do say that that distinction is of the first importance for the object which we are here to consider #151; a right study and mastery of the law as a business with well understood limits, a body of buy research cheap the nature language, dogma enclosed within definite lines. I have just shown the practical reason for saying so. Essay Online Help Revision? If you want to know the law and nothing else, you must look at it as a bad man, who cares only for the material consequences which such knowledge enables him to predict, not as a good one, who finds his reasons for conduct, whether inside the law or outside of it, in the vaguer sanctions of conscience. The theoretical importance of the distinction is no less, if you would reason on buy research papers the nature of turkish, your subject aright. Essay Help Revision? The law is full of phraseology drawn from morals, and by the mere force of language continually invites us to pass from one domain to the other without perceiving it, as we are sure to online of turkish, do unless we have the boundary constantly before our minds.
The law talks about rights, and duties, and malice, and intent, and negligence, and so forth, and nothing is easier, or, I may say, more common in legal reasoning, than to take these words in their moral sense, at some state of the argument, and so to drop into fallacy. For instance, when we speak of the rights of man in a moral sense, we mean to mark the limits of interference with individual freedom which we think are prescribed by conscience, or by our ideal, however reached. Yet it is certain that many laws have been enforced in the past, and it is likely that some are enforced now, which are condemned by the most enlightened opinion of the time, or which at all events pass the limit of interference, as many consciences would draw it. Help Revision? Manifestly, therefore, nothing but confusion of thought can result from assuming that the college services rights of man in a moral sense are equally rights in the sense of the Constitution and the law. No doubt simple and extreme cases can be put of imaginable laws which the statute-making power would not dare to enact, even in the absence of written constitutional prohibitions, because the community would rise in online help revision, rebellion and fight; and this gives some plausibility to the proposition that the law, if not a part of morality, is limited by it. But this limit of power is not coextensive with any system of morals. For the most part it falls far within the lines of any such system, and in essays, some cases may extend beyond them, for reasons drawn from the habits of a particular people at a particular time. I once heard the late Professor Agassiz say that a German population would rise if you added two cents to the price of a glass of essay revision, beer. A statute in such a case would be empty words, not because it was wrong, but because it could not be enforced. No one will deny that wrong statutes can be and Adidas essays, are enforced, and we would not all agree as to which were the wrong ones. The confusion with which I am dealing besets confessedly legal conceptions.
Take the fundamental question, What constitutes the law? You will find some text writers telling you that it is something different from what is college essay online revision, decided by the courts of Massachusetts or England, that it is a system of reason, that it is a deduction from principles of ethics or admitted axioms or what not, which may or may not coincide with the decisions. 5 Paragraph Format? But if we take the view of our friend the bad man we shall find that he does not care two straws for the axioms or deductions, but that he does want to know what the Massachusetts or English courts are likely to do in fact. I am much of this mind. The prophecies of what the courts will do in fact, and college essay online revision, nothing more pretentious, are what I mean by the law. Take again a notion which as popularly understood is the widest conception which the order essay justifiying in cases law contains #151; the notion of legal duty, to which already I have referred. We fill the word with all the content which we draw from morals. College Essay Online Help Revision? But what does it mean to a bad man?
Mainly, and in essay, the first place, a prophecy that if he does certain things he will be subjected to disagreeable consequences by way of imprisonment or compulsory payment of money. But from his point of view, what is the difference between being fined and taxed a certain sum for doing a certain thing? That his point of view is the test of legal principles is proven by the many discussions which have arisen in the courts on the very question whether a given statutory liability is a penalty or a tax. On the answer to this question depends the decision whether conduct is legally wrong or right, and college online help, also whether a man is under compulsion or free. Leaving the criminal law on one side, what is the difference between the liability under the writing an essay about mill acts or statutes authorizing a taking by eminent domain and the liability for what we call a wrongful conversion of property where restoration is essay help, out of the question. In both cases the party taking another man's property has to pay its fair value as assessed by a jury, and no more. What significance is there in calling one taking right and college essay services paying, another wrong from the point of view of the law? It does not matter, so far as the given consequence, the compulsory payment, is concerned, whether the act to which it is attached is college essay revision, described in terms of praise or in terms of blame, or whether the law purports to prohibit it or to allow it. If it matters at all, still speaking from the bad man's point of view, it must be because in one case and not in the other some further disadvantages, or at college essay writing paying least some further consequences, are attached to the act by college law. Writing An Essay Yourself? The only other disadvantages thus attached to it which I ever have been able to think of are to be found in two somewhat insignificant legal doctrines, both of which might be abolished without much disturbance. One is, that a contract to college essay online help revision, do a prohibited act is unlawful, and the other, that, if one of two or more joint wrongdoers has to order online cheap abortion of rape, pay all the damages, he cannot recover contribution from his fellows.
And that I believe is all. You see how the vague circumference of the college essay online help notion of duty shrinks and at the same time grows more precise when we wash it with cynical acid and expel everything except the object of our study, the operations of the law. Nowhere is the format powerpoint confusion between legal and moral ideas more manifest than in essay online help, the law of contract. Among other things, here again the so-called primary rights and duties are invested with a mystic significance beyond what can be assigned and explained. The duty to Adidas, keep a contract at common law means a prediction that you must pay damages if you do not keep it #151; and nothing else. College Online? If you commit a tort, you are liable to pay a compensatory sum.
If you commit a contract, you are liable to pay a compensatory sum unless the promised event comes to pass, and that is all the difference. But such a mode of looking at the matter stinks in the nostrils of 5 paragraph format powerpoint, those who think it advantageous to get as much ethics into the law as they can. It was good enough for Lord Coke, however, and here, as in many others cases, I am content to abide with him. In Bromage v. Genning , a prohibition was sought in the Kings' Bench against a suit in essay, the marches of Adidas essays, Wales for the specific performance of a covenant to grant a lease, and Coke said that it would subvert the intention of the covenantor, since he intends it to be at his election either to lose the damages or to make the lease. Sergeant Harra for the plaintiff confessed that he moved the matter against his conscience, and a prohibition was granted. This goes further than we should go now, but it shows what I venture to say has been the common law point of view from the beginning, although Mr. Harriman, in college revision, his very able little book upon Contracts has been misled, as I humbly think, to a different conclusion. I have spoken only of the common law, because there are some cases in which a logical justification can be found for speaking of civil liabilities as imposing duties in an intelligible sense. These are the relatively few in which equity will grant an injunction, and will enforce it by putting the defendant in prison or otherwise punishing him unless he complies with the order of the court. But I hardly think it advisable to shape general theory from the exception, and I think it would be better to cease troubling ourselves about primary rights and sanctions altogether, than to describe our prophecies concerning the liabilities commonly imposed by the law in those inappropriate terms.
I mentioned, as other examples of the use by the law of words drawn from morals, malice, intent, and format powerpoint, negligence. It is enough to take malice as it is used in the law of civil liability for wrongs what we lawyers call the law of torts #151; to show that it means something different in essay help, law from what it means in morals, and also to show how the difference has been obscured by giving to principles which have little or nothing to do with each other the same name. Three hundred years ago a parson preached a sermon and told a story out of Fox's Book of order cheap justifiying abortion of rape, Martyrs of a man who had assisted at college the torture of one of the saints, and papers cheap the nature language, afterward died, suffering compensatory inward torment. It happened that Fox was wrong. The man was alive and chanced to essay online, hear the sermon, and thereupon he sued the essay cheap abortion of rape parson. College Essay Online Help Revision? Chief Justice Wray instructed the jury that the defendant was not liable, because the essay powerpoint story was told innocently, without malice. He took malice in the moral sense, as importing a malevolent motive. But nowadays no one doubts that a man may be liable, without any malevolent motive at all, for false statements manifestly calculated to inflict temporal damage.
In stating the case in pleading, we still should call the essay online defendant's conduct malicious; but, in my opinion at least, the word means nothing about motives, or even about the defendant's attitude toward the future, but only signifies that the buy research cheap language tendency of his conduct under known circumstances was very plainly to cause the college essay plaintiff temporal harm. In the powerpoint law of contract the use of moral phraseology led to equal confusion, as I have shown in part already, but only in part. Morals deal with the actual internal state of the college individual's mind, what he actually intends. From the time of the buy essay online of the Romans down to essay revision, now, this mode of dealing has affected the Adidas essays for college language of the law as to contract, and the language used has reacted upon essay help revision the thought. We talk about a contract as a meeting of the minds of the parties, and thence it is inferred in various cases that there is no contract because their minds have not met; that is, because they have intended different things or because one party has not known of the essay format powerpoint assent of the other. College Essay Revision? Yet nothing is more certain than that parties may be bound by a contract to things which neither of them intended, and when one does not know of the other's assent. Suppose a contract is writing, executed in due form and in writing to deliver a lecture, mentioning no time. One of the parties thinks that the promise will be construed to mean at once, within a week. The other thinks that it means when he is ready. The court says that it means within a reasonable time. The parties are bound by the contract as it is interpreted by the court, yet neither of them meant what the court declares that they have said.
In my opinion no one will understand the true theory of contract or be able even to discuss some fundamental questions intelligently until he has understood that all contracts are formal, that the making of a contract depends not on the agreement of two minds in one intention, but on the agreement of two sets of external signs #151; not on the parties' having meant the same thing but on their having said the college online help same thing. Furthermore, as the signs may be addressed to one sense or another #151; to sight or to hearing #151; on the nature of the sign will depend the moment when the contract is made. If the sign is tangible, for instance, a letter, the contract is made when the letter of acceptance is delivered. If it is necessary that the minds of the parties meet, there will be no contract until the acceptance can be read; none, for example, if the acceptance be snatched from the hand of the offerer by a third person. This is an essay about yourself, not the time to essay help revision, work out a theory in detail, or to answer many obvious doubts and questions which are suggested by these general views. I know of none which are not easy to answer, but what I am trying to do now is only by a series of hints to throw some light on the narrow path of legal doctrine, and upon two pitfalls which, as it seems to me, lie perilously near to it. Essays For College? Of the first of these I have said enough. I hope that my illustrations have shown the danger, both to speculation and to practice, of confounding morality with law, and the trap which legal language lays for us on that side of college essay help, our way. For my own part, I often doubt whether it would not be a gain if every word of moral significance could be banished from the law altogether, and an essay about, other words adopted which should convey legal ideas uncolored by anything outside the law. We should lose the fossil records of a good deal of history and the majesty got from ethical associations, but by ridding ourselves of an unnecessary confusion we should gain very much in the clearness of our thought. So much for the limits of the online help law.
The next thing which I wish to consider is what are the forces which determine its content and its growth. You may assume, with Hobbes and Bentham and Austin, that all law emanates from the sovereign, even when the first human beings to enunciate it are the judges, or you may think that law is the voice of the Zeitgeist, or what you like. Order Justifiying Abortion In Cases Of Rape? It is all one to essay help revision, my present purpose. Even if every decision required the sanction of an emperor with despotic power and a whimsical turn of mind, we should be interested none the less, still with a view to order essay cheap justifiying abortion and incest, prediction, in discovering some order, some rational explanation, and some principle of growth for the rules which he laid down. In every system there are such explanations and principles to be found.
It is with regard to them that a second fallacy comes in, which I think it important to expose. The fallacy to which I refer is the notion that the only force at work in the development of the law is logic. College Essay Online? In the broadest sense, indeed, that notion would be true. The postulate on which we think about the Adidas writing essays universe is that there is college essay, a fixed quantitative relation between every phenomenon and its antecedents and consequents. If there is such a thing as a phenomenon without these fixed quantitative relations, it is essay format powerpoint, a miracle. Essay Online Help? It is outside the law of cause and essays, effect, and as such transcends our power of thought, or at least is something to or from which we cannot reason. The condition of our thinking about the universe is that it is capable of being thought about rationally, or, in other words, that every part of it is effect and cause in the same sense in college essay online revision, which those parts are with which we are most familiar. So in the broadest sense it is online cheap abortion, true that the law is a logical development, like everything else. College Help Revision? The danger of which I speak is not the admission that the principles governing other phenomena also govern the law, but the notion that a given system, ours, for instance, can be worked out like mathematics from some general axioms of conduct. 5 Paragraph Essay Powerpoint? This is the natural error of the schools, but it is not confined to them.
I once heard a very eminent judge say that he never let a decision go until he was absolutely sure that it was right. So judicial dissent often is blamed, as if it meant simply that one side or the other were not doing their sums right, and essay revision, if they would take more trouble, agreement inevitably would come. This mode of thinking is entirely natural. The training of lawyers is a training in logic. The processes of analogy, discrimination, and deduction are those in which they are most at writing about home. The language of judicial decision is mainly the language of logic.
And the college essay online revision logical method and form flatter that longing for certainty and for repose which is in every human mind. But certainty generally is illusion, and repose is not the destiny of online trumpet, man. Behind the logical form lies a judgment as to the relative worth and college revision, importance of competing legislative grounds, often an inarticulate and unconscious judgment, it is true, and yet the very root and essay justifiying abortion in cases, nerve of the whole proceeding. You can give any conclusion a logical form. You always can imply a condition in a contract. But why do you imply it? It is because of some belief as to the practice of the community or of a class, or because of some opinion as to policy, or, in short, because of college revision, some attitude of yours upon a matter not capable of essay writing services paying, exact quantitative measurement, and therefore not capable of founding exact logical conclusions. Such matters really are battle grounds where the means do not exist for the determinations that shall be good for all time, and where the decision can do no more than embody the preference of a given body in a given time and place.
We do not realize how large a part of our law is open to reconsideration upon college essay online help a slight change in the habit of the public mind. No concrete proposition is online, self evident, no matter how ready we may be to accept it, not even Mr. College Revision? Herbert Spencer's Every man has a right to do what he wills, provided he interferes not with a like right on the part of his neighbors. Why is about, a false and injurious statement privileged, if it is made honestly in giving information about a servant? It is because it has been thought more important that information should be given freely, than that a man should be protected from what under other circumstances would be an actionable wrong. Why is a man at college essay online liberty to set up a business which he knows will ruin his neighborhood? It is powerpoint, because the public good is supposed to college essay online revision, be best subserved by free competition. Order Online Justifiying In Cases And Incest? Obviously such judgments of relative importance may vary in different times and places.
Why does a judge instruct a jury that an employer is not liable to an employee for an injury received in the course of online revision, his employment unless he is papers online cheap of turkish, negligent, and why do the jury generally find for the plaintiff if the case is allowed to go to them? It is because the traditional policy of help revision, our law is to confine liability to writing, cases where a prudent man might have foreseen the injury, or at least the danger, while the inclination of a very large part of the community is to make certain classes of persons insure the college essay online help safety of those with whom they deal. Since the last words were written, I have seen the requirement of such insurance put forth as part of the programme of one of the best known labor organizations. There is a concealed, half conscious battle on the question of legislative policy, and if any one thinks that it can be settled deductively, or once for all, I only can say that I think he is theoretically wrong, and that I am certain that his conclusion will not be accepted in practice semper ubique et ab omnibus . Indeed, I think that even now our theory upon this matter is open to reconsideration, although I am not prepared to essay online cheap justifiying in cases and incest, say how I should decide if a reconsideration were proposed. Our law of essay online, torts comes from the writing old days of isolated, ungeneralized wrongs, assaults, slanders, and essay help, the like, where the damages might be taken to lie where they fell by legal judgment. But the torts with which our courts are kept busy today are mainly the incidents of certain well known businesses. They are injuries to person or property by railroads, factories, and online the nature of turkish, the like. The liability for them is estimated, and sooner or later goes into the price paid by college essay help the public. The public really pays the damages, and the question of liability, if pressed far enough, is really a question how far it is desirable that the public should insure the order essay online justifiying abortion safety of one whose work it uses. It might be said that in such cases the chance of a jury finding for college essay help revision the defendant is merely a chance, once in a while rather arbitrarily interrupting the regular course of Adidas writing essays for college, recovery, most likely in the case of an unusually conscientious plaintiff, and help revision, therefore better done away with.
On the other hand, the economic value even of a life to the community can be estimated, and no recovery, it may be said, ought to go beyond that amount. It is conceivable that some day in certain cases we may find ourselves imitating, on a higher plane, the tariff for life and limb which we see in the Leges Barbarorum . I think that the judges themselves have failed adequately to recognize their duty of weighing considerations of social advantage. The duty is inevitable, and the result of the often proclaimed judicial aversion to deal with such considerations is simply to leave the very ground and foundation of judgments inarticulate, and buy research papers online cheap, often unconscious, as I have said. When socialism first began to be talked about, the comfortable classes of the community were a good deal frightened. I suspect that this fear has influenced judicial action both here and in online help revision, England, yet it is certain that it is essay cheap justifiying of rape, not a conscious factor in the decisions to which I refer. I think that something similar has led people who no longer hope to essay help, control the legislatures to look to the courts as expounders of the constitutions, and that in some courts new principles have been discovered outside the bodies of those instruments, which may be generalized into acceptance of the economic doctrines which prevailed about fifty years ago, and for college, a wholesale prohibition of what a tribunal of lawyers does not think about online help revision right. I cannot but believe that if the training of lawyers led them habitually to consider more definitely and explicitly the social advantage on which the rule they lay down must be justified, they sometimes would hesitate where now they are confident, and see that really they were taking sides upon debatable and often burning questions. So much for the fallacy of logical form.
Now let us consider the present condition of the law as a subject for study, and the ideal toward which it tends. Cheap Of The? We still are far from the point of college, view which I desire to see reached. No one has reached it or can reach it as yet. Buy Essay Cheap History Of The Trumpet? We are only at the beginning of a philosophical reaction, and of a reconsideration of the worth of doctrines which for the most part still are taken for granted without any deliberate, conscious, and systematic questioning of their grounds. The development of our law has gone on for nearly a thousand years, like the development of a plant, each generation taking the inevitable next step, mind, like matter, simply obeying a law of college essay help revision, spontaneous growth. It is perfectly natural and right that it should have been so. Imitation is a necessity of human nature, as has been illustrated by a remarkable French writer, M. Tard, in an admirable book, Les Lois de l'Imitation . Online Justifiying Abortion In Cases And Incest? Most of the things we do, we do for essay online help revision no better reason than that our fathers have done them or that our neighbors do them, and online justifiying of rape and incest, the same is college online help, true of a larger part than we suspect of what we think.
The reason is a good one, because our short life gives us no time for a better, but it is not the best. An Essay About? It does not follow, because we all are compelled to take on college online, faith at second hand most of the Adidas essays for college rules on which we base our action and our thought, that each of college revision, us may not try to set some corner of writing services paying, his world in the order of college essay revision, reason, or that all of about, us collectively should not aspire to carry reason as far as it will go throughout the college revision whole domain. In regard to the law, it is best essay, true, no doubt, that an evolutionist will hesitate to affirm universal validity for his social ideals, or for essay online the principles which he thinks should be embodied in legislation. He is content if he can prove them best for here and now. For College? He may be ready to admit that he knows nothing about an absolute best in the cosmos, and even that he knows next to nothing about essay online a permanent best for men. Still it is true that a body of law is more rational and more civilized when every rule it contains is referred articulately and definitely to an end which it subserves, and when the grounds for desiring that end are stated or are ready to be stated in words. At present, in very many cases, if we want to know why a rule of law has taken its particular shape, and more or less if we want to know why it exists at all, we go to tradition.
We follow it into the Year Books, and order in cases of rape and incest, perhaps beyond them to the customs of the Salian Franks, and somewhere in the past, in online, the German forests, in the needs of Norman kings, in the assumptions of a dominant class, in the absence of generalized ideas, we find out the practical motive for what now best is justified by the mere fact of writing an essay about, its acceptance and essay help revision, that men are accustomed to it. The rational study of buy essay, law is still to college essay online help, a large extent the study of history. History must be a part of the buy essay trumpet study, because without it we cannot know the precise scope of rules which it is our business to know. It is a part of the rational study, because it is the first step toward an enlightened scepticism, that is, towards a deliberate reconsideration of the worth of those rules. When you get the dragon out of his cave on to the plain and in the daylight, you can count his teeth and claws, and see just what is his strength. But to get him out is only the first step. The next is either to kill him, or to tame him and make him a useful animal.
For the rational study of the revision law the blackletter man may be the man of the college present, but the essay revision man of the future is the man of statistics and the master of economics. It is revolting to have no better reason for 5 paragraph format powerpoint a rule of law than that so it was laid down in college online help, the time of Henry IV. It is yourself, still more revolting if the grounds upon which it was laid down have vanished long since, and the rule simply persists from blind imitation of the online past. I am thinking of the technical rule as to trespass ab initio , as it is called, which I attempted to explain in a recent Massachusetts case. Let me take an illustration, which can be stated in a few words, to essay online justifiying, show how the social end which is aimed at by a rule of law is online, obscured and only partially attained in consequence of the fact that the rule owes its form to a gradual historical development, instead of being reshaped as a whole, with conscious articulate reference to the end in view. We think it desirable to prevent one man's property being misappropriated by another, and so we make larceny a crime. The evil is the same whether the misappropriation is made by a man into whose hands the owner has put the buy research papers language property, or by one who wrongfully takes it away. Essay Revision? But primitive law in its weakness did not get much beyond an effort to prevent violence, and very naturally made a wrongful taking, a trespass, part of services, its definition of the crime.
In modem times the judges enlarged the definition a little by holding that, if the wrong-doer gets possession by a trick or device, the crime is committed. This really was giving up the requirement of trespass, and it would have been more logical, as well as truer to the present object of the law, to abandon the requirement altogether. That, however, would have seemed too bold, and was left to statute. College Help? Statutes were passed making embezzlement a crime. But the Adidas writing for college force of tradition caused the crime of embezzlement to be regarded as so far distinct from college essay online help revision larceny that to this day, in some jurisdictions at least, a slip corner is kept open for thieves to contend, if indicted for larceny, that they should have been indicted for embezzlement, and if indicted for embezzlement, that they should have been indicted for larceny, and to escape on that ground. Far more fundamental questions still await a better answer than that we do as our fathers have done. What have we better than a blind guess to show that the criminal law in its present form does more good than harm? I do not stop to refer to the effect which it has had in degrading prisoners and in plunging them further into crime, or to the question whether fine and imprisonment do not fall more heavily on a criminal's wife and children than on himself. I have in mind more far-reaching questions. Does punishment deter? Do we deal with criminals on proper principles?
A modern school of Continental criminalists plumes itself on the formula, first suggested, it is said, by Gall, that we must consider the criminal rather than the crime. The formula does not carry us very far, but the inquiries which have been started look toward an answer of buy research papers online cheap the nature language, my questions based on essay online help, science for the first time. If the 5 paragraph essay powerpoint typical criminal is a degenerate, bound to swindle or to murder by as deep seated an organic necessity as that which makes the rattlesnake bite, it is idle to talk of deterring him by college essay online help the classical method of imprisonment. Essay Powerpoint? He must be got rid of; he cannot be improved, or frightened out of his structural reaction. If, on the other hand, crime, like normal human conduct, is mainly a matter of imitation, punishment fairly may be expected to help to keep it out of fashion. The study of criminals has been thought by college essay online some well known men of science to sustain the former hypothesis. The statistics of the writing for college relative increase of crime in crowded places like large cities, where example has the greatest chance to work, and in less populated parts, where the contagion spreads more slowly, have been used with great force in favor of the latter view.
But there is weighty authority for the belief that, however this may be, not the online help revision nature of the crime, but the dangerousness of the criminal, constitutes the only reasonable legal criterion to essay cheap justifiying abortion of rape, guide the inevitable social reaction against the criminal. The impediments to rational generalization, which I illustrated from the essay online revision law of larceny, are shown in the other branches of the law, as well as in that of crime. Take the law of tort or civil liability for damages apart from papers cheap contract and the like. Is there any general theory of such liability, or are the cases in which it exists simply to be enumerated, and to be explained each on its special ground, as is easy to believe from the fact that the right of action for certain well known classes of wrongs like trespass or slander has its special history for essay help revision each class? I think that the law regards the infliction of temporal damage by a responsible person as actionable, if under the circumstances known to him the best paying danger of his act is manifest according to common experience, or according to his own experience if it is more than common, except in cases where upon special grounds of college, policy the order essay online justifiying abortion and incest law refuses to protect the plaintiff or grants a privilege to the defendant.
I think that commonly malice, intent, and negligence mean only that the danger was manifest to a greater or less degree, under the circumstances known to the actor, although in online help revision, some cases of privilege malice may mean an actual malevolent motive, and such a motive may take away a permission knowingly to inflict harm, which otherwise would be granted on this or that ground of dominant public good. But when I stated my view to a very eminent English judge the other day, he said, You are discussing what the law ought to be; as the law is, you must show a right. A man is not liable for negligence unless he is subject to a duty. If our difference was more than a difference in words, or with regard to the proportion between the exceptions and the rule, then, in essay format, his opinion, liability for college online help revision an act cannot be referred to the manifest tendency of the act to cause temporal damage in general as a sufficient explanation, but must be referred to the special nature of the damage, or must be derived from some special circumstances outside of the tendency of the act, for which no generalized explanation exists. I think that such a view is wrong, but it is familiar, and I dare say generally is accepted in England. Everywhere the basis of principle is buy essay online trumpet, tradition, to such an extent that we even are in danger of making the online help revision role of online cheap justifiying in cases, history more important than it is. The other day Professor Ames wrote a learned article to show, among other things, that the common law did not recognize the defence of fraud in actions upon specialties, and the moral might seem to college essay help, be that the buy research papers online the nature of turkish language personal character of that defence is due to its equitable origin. But if, as I said, all contracts are formal, the difference is not merely historical, but theoretic, between defects of form which prevent a contract from being made, and mistaken motives which manifestly could not be considered in college essay online, any system that we should call rational except against one who was privy to essay justifiying in cases and incest, those motives.
It is not confined to specialties, but is of universal application. I ought to add that I do not suppose that Mr. Ames would disagree with what I suggest. However, if we consider the law of contract, we find it full of history. The distinctions between debt, covenant, and assumpsit are merely historical. The classification of certain obligations to pay money, imposed by the law irrespective of any bargain as quasi contracts, is merely historical. The doctrine of consideration is merely historical. The effect given to a seal is to be explained by online history alone. Consideration is a mere form.
Is it a useful form? If so, why should it not be required in all contracts? A seal is a mere form, and is vanishing in the scroll and in buy research papers language, enactments that a consideration must be given, seal or no seal. College Help Revision? Why should any merely historical distinction be allowed to affect the rights and obligations of business men? Since I wrote this discourse I have come on a very good example of the way in 5 paragraph essay format, which tradition not only overrides rational policy, but overrides it after first having been misunderstood and having been given a new and college essay online help, broader scope than it had when it had a meaning. It is the settled law of essay writing services paying, England that a material alteration of a written contract by a party avoids it as against him. Online Help Revision? The doctrine is contrary to best college services paying, the general tendency of the law. Online Revision? We do not tell a jury that if a man ever has lied in one particular he is to be presumed to lie in all.
Even if a man has tried to defraud, it seems no sufficient reason for preventing him from proving the truth. Objections of like nature in general go to the weight, not to the admissibility, of evidence. Moreover, this rule is irrespective of fraud, and buy essay online history, is not confined to evidence. College Online Revision? It is not merely that you cannot use the writing writing, but that the college contract is at an end. What does this mean? The existence of best writing services paying, a written contract depends on online help, the fact that the 5 paragraph format powerpoint offerer and offeree have interchanged their written expressions, not on the continued existence of those expressions. But in the case of a bond, the primitive notion was different. The contract was inseparable from the parchment. If a stranger destroyed it, or tore off the seal, or altered it, the obligee could not recover, however free from fault, because the defendant's contract, that is, the actual tangible bond which he had sealed, could not be produced in the form in which it bound him.
About a hundred years ago Lord Kenyon undertook to use his reason on the tradition, as he sometimes did to the detriment of the law, and, not understanding it, said he could see no reason why what was true of college essay online help revision, a bond should not be true of other contracts. His decision happened to be right, as it concerned a promissory note, where again the common law regarded the contract as inseparable from the paper on which it was written, but the reasoning was general, and order online justifiying abortion in cases of rape, soon was extended to other written contracts, and various absurd and unreal grounds of policy were invented to account for the enlarged rule. I trust that no one will understand me to be speaking with disrespect of the law, because I criticise it so freely. I venerate the law, and especially our system of law, as one of the vastest products of the human mind. No one knows better than I do the countless number of great intellects that have spent themselves in making some addition or improvement, the essay online help revision greatest of buy research cheap, which is trifling when compared with the mighty whole. College Essay Online Revision? It has the buy research papers online final title to respect that it exists, that it is not a Hegelian dream, but a part of the online help lives of men.
But one may criticise even what one reveres. Law is the order online cheap abortion of rape and incest business to which my life is devoted, and I should show less than devotion if I did not do what in me lies to improve it, and, when I perceive what seems to essay, me the ideal of its future, if I hesitated to point it out and to press toward it with all my heart. Perhaps I have said enough to show the part which the study of history necessarily plays in the intelligent study of the law as it is today. In the teaching of this school and at essays for college Cambridge it is in no danger of being undervalued. Mr. Bigelow here and revision, Mr. Ames and Mr. Thayer there have made important contributions which will not be forgotten, and in 5 paragraph powerpoint, England the recent history of early English law by Sir Frederick Pollock and Mr. Maitland has lent the subject an online, almost deceptive charm. Essays For College? We must beware of the pitfall of antiquarianism, and must remember that for our purposes our only interest in the past is for the light it throws upon the present. I look forward to a time when the part played by history in the explanation of college essay online, dogma shall be very small, and instead of ingenious research we shall spend our energy on a study of the ends sought to be attained and the reasons for cheap desiring them.
As a step toward that ideal it seems to me that every lawyer ought to seek an understanding of economics. College Online Help? The present divorce between the writing about yourself schools of college revision, political economy and law seems to me an evidence of how much progress in philosophical study still remains to be made. In the present state of political economy, indeed, we come again upon history on a larger scale, but there we are called on order in cases, to consider and revision, weigh the ends of legislation, the means of attaining them, and the cost. We learn that for essay format powerpoint everything we have we give up something else, and we are taught to set the advantage we gain against the other advantage we lose, and to know what we are doing when we elect. There is another study which sometimes is undervalued by the practical minded, for which I wish to say a good word, although I think a good deal of pretty poor stuff goes under that name. I mean the study of what is called jurisprudence. Jurisprudence, as I look at it, is simply law in essay online help revision, its most generalized part. Every effort to of rape and incest, reduce a case to a rule is an effort of online help revision, jurisprudence, although the name as used in English is confined to the broadest rules and most fundamental conceptions. One mark of essay, a great lawyer is college essay online, that he sees the application of the broadest rules.
There is a story of buy essay cheap history of the trumpet, a Vermont justice of the peace before whom a suit was brought by one farmer against another for breaking a churn. The justice took time to consider, and then said that he has looked through the statutes and could find nothing about churns, and gave judgment for the defendant. The same state of mind is shown in all our common digests and textbooks. Applications of rudimentary rules of contract or tort are tucked away under the head of Railroads or Telegraphs or go to swell treatises on historical subdivisions, such as Shipping or Equity, or are gathered under an arbitrary title which is thought likely to appeal to the practical mind, such as Mercantile Law. If a man goes into law it pays to be a master of it, and to be a master of it means to look straight through all the dramatic incidents and to discern the true basis for prophecy.
Therefore, it is well to have an accurate notion of what you mean by law, by a right, by a duty, by malice, intent, and college online revision, negligence, by ownership, by possession, and so forth. I have in cheap of the trumpet, my mind cases in which the college essay highest courts seem to 5 paragraph format powerpoint, me to have floundered because they had no clear ideas on some of these themes. I have illustrated their importance already. If a further illustration is wished, it may be found by reading the Appendix to Sir James Stephen's Criminal Law on the subject of possession, and then turning to Pollock and Wright's enlightened book. Help Revision? Sir James Stephen is not the best college essay services only writer whose attempts to analyze legal ideas have been confused by striving for a useless quintessence of online help, all systems, instead of an accurate anatomy of one. The trouble with Austin was that he did not know enough English law. Essay Services Paying? But still it is a practical advantage to master Austin, and his predecessors, Hobbes and Bentham, and his worthy successors, Holland and Pollock. Sir Frederick Pollock's recent little book is touched with the college essay online help revision felicity which marks all his works, and is wholly free from the perverting influence of Roman models.
The advice of the elders to online cheap history of the, young men is very apt to be as unreal as a list of the essay online help revision hundred best books. At least in my day I had my share of such counsels, and high among the format unrealities I place the college essay revision recommendation to study the Roman law. I assume that such advice means more than collecting a few Latin maxims with which to ornament the discourse #151; the purpose for which Lord Coke recommended Bracton. If that is all that is wanted, the title De Regulis Juris Antiqui can be read in an hour. Online History Trumpet? I assume that, if it is well to study the Roman Law, it is well to study it as a working system. Essay? That means mastering a set of technicalities more difficult and less understood than our own, and studying another course of history by writing an essay about yourself which even more than our own the essay revision Roman law must explained.
If any one doubts me, let him read Keller's Der Romische Civil Process und die Actionen , a treatise on the praetor's edict, Muirhead's most interesting Historical Introduction to the Private Law of Rome , and, to best services paying, give him the best chance, Sohn's admirable Institutes . No. The way to gain a liberal view of your subject is not to read something else, but to help, get to the bottom of the subject itself. The means of doing that are, in the first place, to follow the existing body of dogma into its highest generalizations by the help of jurisprudence; next, to discover from history how it has come to be what it is; and cheap history of the trumpet, finally, so far as you can, to consider the ends which the several rules seek to accomplish, the reasons why those ends are desired, what is given up to college online help, gain them, and whether they are worth the price. We have too little theory in the law rather than too much, especially on this final branch of study. When I was speaking of history, I mentioned larceny as an example to show how the buy essay online history of the law suffered from not having embodied in help, a clear form a rule which will accomplish its manifest purpose. In that case the trouble was due to papers online of turkish, the survival of forms coming from a time when a more limited purpose was entertained. Let me now give an help, example to show the practical importance, for the decision of actual cases, of understanding the reasons of the law, by taking an example from rules which, so far as I know, never have been explained or theorized about in any adequate way. I refer to best college writing services, statutes of limitation and the law of prescription.
The end of college help, such rules is order online cheap justifiying abortion in cases of rape and incest, obvious, but what is the justification for depriving a man of online, his rights, a pure evil as far as it goes, in essay format, consequence of the lapse of time? Sometimes the loss of evidence is referred to, but that is a secondary matter. Sometimes the desirability of peace, but why is peace more desirable after twenty years than before? It is increasingly likely to come without the aid of legislation. Sometimes it is said that, if a man neglects to enforce his rights, he cannot complain if, after a while, the law follows his example.
Now if this is all that can be said about it, you probably will decide a case I am going to put, for the plaintiff; if you take the view which I shall suggest, you possibly will decide it for the defendant. A man is essay online, sued for trespass upon land, and justifies under a right of way. He proves that he has used the online trumpet way openly and adversely for twenty years, but it turns out that the plaintiff had granted a license to a person whom he reasonably supposed to college essay help revision, be the writing an essay defendant's agent, although not so in fact, and therefore had assumed that the use of the way was permissive, in which case no right would be gained. Has the online help defendant gained a right or not? If his gaining it stands on buy research cheap of turkish language, the fault and neglect of the landowner in the ordinary sense, as seems commonly to be supposed, there has been no such neglect, and the right of way has not been acquired.
But if I were the defendant's counsel, I should suggest that the foundation of the acquisition of rights by lapse of time is to be looked for college in the position of the person who gains them, not in buy essay cheap trumpet, that of the loser. Sir Henry Maine has made it fashionable to connect the college essay archaic notion of property with prescription. But the connection is further back than the first recorded history. It is in the nature of man's mind. A thing which you have enjoyed and 5 paragraph essay format, used as your own for a long time, whether property or an opinion, takes root in college essay online, your being and order online cheap justifiying abortion, cannot be torn away without your resenting the college online revision act and trying to defend yourself, however you came by it. The law can ask no better justification than the deepest instincts of man. It is only by way of reply to the suggestion that you are disappointing the former owner, that you refer to his neglect having allowed the online cheap justifiying abortion and incest gradual dissociation between himself and what he claims, and the gradual association of it with another.
If he knows that another is doing acts which on their face show that he is on essay help revision, the way toward establishing such an association, I should argue that in justice to that other he was bound at his peril to find out whether the other was acting under his permission, to see that he was warned, and, if necessary, stopped. I have been speaking about the study of the law, and I have said next to nothing about what commonly is talked about in that connection #151; textbooks and the case system, and all the machinery with which a student comes most immediately in contact. Adidas For College? Nor shall I say anything about essay them. Theory is my subject, not practical details. The modes of teaching have been improved since my time, no doubt, but ability and industry will master the raw material with any mode. Theory is the most important part of the dogma of the law, as the architect is the most important man who takes part in the building of a house. The most important improvements of the last twenty-five years are improvements in theory. It is not to be feared as unpractical, for, to the competent, it simply means going to the bottom of the subject. For the online cheap the nature of turkish incompetent, it sometimes is true, as has been said, that an online help revision, interest in general ideas means an absence of particular knowledge. College Essay? I remember in army days reading of a youth who, being examined for the lowest grade and college essay help, being asked a question about of the trumpet squadron drill, answered that he never had considered the evolutions of less than ten thousand men.
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If you want great examples, read Mr. College Revision? Leslie Stephen's History of English Thought in the Eighteenth Century , and see how a hundred years after his death the abstract speculations of best college essay services, Descartes had become a practical force controlling the conduct of men. Read the works of the great German jurists, and see how much more the world is governed today by college Kant than by Bonaparte. We cannot all be Descartes or Kant, but we all want happiness. And happiness, I am sure from writing for college having known many successful men, cannot be won simply by essay online revision being counsel for great corporations and having an income of fifty thousand dollars. An intellect great enough to win the prize needs other food besides success.
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