Friday, October 25, 2019
Wittgensteins 1913 Objections To Russells Theory of Belief: A Dialectical Reading :: Philosophy Philosophical Papers
Wittgenstein's 1913 Objections To Russell's Theory of Belief: A Dialectical Reading ABSTRACT: In what follows, I give (following Burton Dreben) a dialectical reading of his dismissal of metaphysics and of Wittgenstein's objections to Russell in 1913. I argue that Wittgenstein must be read as advocating no particular theory or doctrine ââ¬â that is, philosophy is an activity and not a body of truths. Furthermore, this insistence is thoroughgoing. Put differently, a dialectical reading must be applied to one's own thought and talk. Characteristically, this sort of dialectical philosophy begins with the question, Is there any definiteness to what I am doing in my own thinking and speaking? Such a question undercuts the easy assumption that what we are doing may be expressed in a body of meaningful statements. In particular, I argue that Wittgenstein does not advocate any particular theory of language. A common reading of Wittgenstein is that he aims to prevent us from misusing language. This view assumes that, for Wittgenstein, the notion of a correct, acceptable o r meaningful use of language may be taken for granted. In my view, Wittgenstein does not take the notions of use of language and grammar and its misuse for granted. For Wittgenstein grammar underdetermines what it is to use or misuse language. I argue that an ethical critique is implicit in Wittgenstein's objections to any attempt to speak a priori about language and thought. Distrust of grammar is the first requisite of philosophizing. Notebooks, p. 106. The purpose of my talk this afternoon is to make clear what I shall call, following Burton Dreben, a dialectical reading of Wittgenstein's dismissal of metaphysics in the context of his pre-Tractatus objections to Russell's 1913 theory of belief. The earliest letters to Russell by Wittgenstein read naturally as presentations or proposals, to be read straightforwardly, as they stand. In this spirit, many authors interpret Wittgenstein as rejecting Russell. s attempts to talk about the structure of language and facts, and, further, as insisting that any attempt to state the limits of language is itself nonsense. On such a reading, Wittgenstein is reacting to Russell. s realist attempts to analyze the structure of facts into constituents and the structure of propositions into names by eliminating certain apparent symbols. Wittgenstein relegates their pseudo-uses to what is shown in the use of propositions. Ricketts writes: ....Russell takes relations to be a type of thing ââ¬â they are constituents of facts, objects of acquaintance, and the designata of names.
Thursday, October 24, 2019
Boston Tea Party, Tea Essay
Attention Getter: You probably wouldnââ¬â¢t believe me if I told you that a drug that creates the same signaling activity in the brain as cocaine is sold legally on almost every street corner across the nation. This is a fact however, and the drug is caffeine. It is one of the main ingredients in coffee, and is currently the most frequently used recreational drug in the world. Establish Credibility: I personally consider myself a coffee expert, and have been drinking at least one cup of coffee almost every morning for the last three years. Relate to the audience: Now, I know not every one of you drinks coffee but as youà can tell by the multiple Dutch Bros, Starbucks, and other coffee shops around town it is a very big part of our culture today. Preview: Throughout the course of this speech, I will discuss three major points relating to coffee. First, I will give some information on the history of coffee and when it first came into human culture, followed by the positive health benefits and some of the negative health risks associated with coffee. [First of all, Iââ¬â¢m going to talk a little bit about the historical side of coffee and how it first got popular in our culture. ] Body I. Main Point: To understand why coffee is such a big part of modern day society, we must first understand where it originated. A. Sub-point: Coffee was first cultivated on the Arabian Peninsula in the 15th century. 1. Supporting details: Not only were the Arabââ¬â¢s the first to cultivate coffee, but they also were the first to trade coffee. 2. By the 16th century, the popularity of coffee was already expanding and Persia, Egypt, Syria and Turkey all had discovered about the amazing beverage. Sub-point: By the 17th century coffee was still gaining notoriety aroundà the world, however it was still not a household favorite as it as today. 1. Supporting Details: Coffee houses started sprouting up everywhere in the 1700ââ¬â¢s, however tea was still the most popular drink around. 2. In 1773 a heavy tax on tea was inflicted by King George, which led to a pretty famous revolt called The Boston Tea Party. 3. Since people couldnââ¬â¢t afford tea after the tax, coffee quickly took over as the most popular morning beverage across the world, and remains the most popular today. Although coffee has been drank for hundreds of years, the majority of its healthà benefits have only recently been discovered in the last few decades. ] II. Main Point: The majority of people drink coffee just to get through each day, however it does have many positive benefits to your health. A. Sub-point: Within just the last few years alone there has been research done showing that coffee may protect against type 2 diabetes, liver cancer, and Alzheimerââ¬â¢s disease. 1. Supporting details: According the Centers for Disease Control and Prevention, liver cancer is the ninth leading cause of cancer and coffee has been shown to reduce risk of liver cancer by 40%. 2. Drinking coffee reduces the risk of diabetes as well, which is a common risk factor of liver cancer. B. Sub-point: One of the other medical uses of coffee is in preventing Alzheimerââ¬â¢s disease and dementia. 1. Supporting details: The most common neurodegenerative disease and number 1 cause of dementia is Alzheimerââ¬â¢s. 2. There is no cure for Alzheimerââ¬â¢s, however it has been shown that coffee drinkers have up to a 65% lower risk of getting the disease. [You might be thinking coffee is a miracle drink after some of those statistics, however it also has many negative effects on health as well. ] III. Main Point: There are a great deal of health issues that can result from drinking coffee, with some of the most common being addiction, insomnia and increased blood pressure. A. Sub-point: As a college student, one of the last things you will ever want to experience is insomnia, but it is a regular side effect of coffee. 1. Supporting details: By blocking certain receptors in the brain, coffee prevents chemicals that induce sleep from being used. B. Sub-point: Another widely studied effect of coffee, specifically caffeine, is how addictive it is. 1. Supporting details: Caffeine stimulates the central nervousà system and regular use will result in a physical dependence. 2. If a regular coffee drinker doesnââ¬â¢t have their daily cup, they will feel fatigued, irritable, and experience headaches within the first 24 hours. Conclusion 1. Transition Signal: In conclusion, coffee isnââ¬â¢t for everyone but if you do choose to consume it, you at least now know how it affects you. 2. Summary of Main Points: Throughout this speech we looked at how coffee first gained popularity in the human race, some of itââ¬â¢s positive health benefits as well as some of the negatives. 3. Call to Action: Even if youââ¬â¢ve never been a fan of coffee, try drinking a cupà before your next study session and see if you still donââ¬â¢t like it. 4. Memorable end: Although it may be addicting and cause serious potential health problems, there must be something special about coffee considering over half of adults in the U. S. drink it daily. References: 1) ââ¬Å"Coffee Acts Just like Cocaine, Says Scientist. ââ¬Å" BeverageDaily. com. Beverage Daily, 02 Sept. 2002. Web. 12 Nov. 2014. 2) Goldschein, Eric. ââ¬Å"11 Incredible Facts About The Global Coffee Industry. â⬠Business Insider. Business Insider, Inc, 14 Nov. 2011. Web. 12 Nov. 2014. 3) Gunnars, Kris. ââ¬Å"13 Proven Health Benefits of Coffeeâ⬠Authority Nutrition. N. p. , n. d. Web. 12 Nov. 2014. 4) ââ¬Å"The History Of Coffee. â⬠ââ¬â National Coffee Association. NCA, n. d. Web. 12 Nov. 2014. 5) Stromberg, Joseph. ââ¬Å"This Is How Your Brain Becomes Addicted to Caffeine. â⬠Smithsonian. N. p. , 9 Aug. 2013. Web. 11 Nov. 2014. 6) Van Dam, Rob. ââ¬Å"Ask the Expert: Coffee and Health. â⬠The Nutrition Source. Harvard School of Public Health, n. d. Web. 09 Nov. 2014. 7) Weber, Belinda. ââ¬Å"Coffee Consumption Cuts Liver Cancer Risk. â⬠Medical News Today. MediLexicon International, 22 Oct. 2013. Web. 12 Nov. 2014. .
Wednesday, October 23, 2019
Comparative study between Blade Runner & Frankenstein Essay
Victorââ¬â¢s attitude is reactionary and domineering as he ostracises the Creature and employs diabolic epithets towards him such as ââ¬Ëdaemonââ¬â¢, completely disregarding the value of responsibility prevalent in Shelleyââ¬â¢s era the perpetual darkness enveloping the ambient world echoes the ecological concerns of deforestation and global warming of the 1980s and thereby Blade Runner parallels Frankenstien insofar as both Shelley and Scott admonishes the disregard for nature as a reflection of shifting values toward artificial compromise. Pathetic fallacy of ââ¬Ëthe dreary glaciers are my refugeââ¬â¢ mimics the Creatureââ¬â¢s isolation to convey the inherent role of nature in Shelleyââ¬â¢s Romantic context as weather supplements his emotions. gothic conventions of heightened emotions are embodied with the Creatureââ¬â¢s exaltation anthropomorphised nature ââ¬ËMy spirits were elevated by the changing appearance of natureââ¬â¢, which values the subli meââ¬â¢s ability to inspire spiritual renewal. Intertextual ââ¬ËImmortal Gameââ¬â¢ where Roy outplays Tyrell, symbolic of Tyrellââ¬â¢s eventual demise as a ramification for usurping Godââ¬â¢s omnipotence. rapid technological progression of the 1980s forward, to represent a society where empathy has been replaced by pervasive commoditization. Scott incorporates the idea of people as commodities suggested by Roy labelled as a ââ¬Ëprizeââ¬â¢ embodies a cautionary message through a foreboding biblical reference to Lucifer, ââ¬Å"you seek knowledgeâ⬠¦may be a serpent to sting youââ¬â¢ to reinforce the irony of Victorââ¬â¢s prolonged toil of pursuing more knowledge with little benefit. Hence, Victorââ¬â¢s unchecked scientific investigation is depicted as ultimately self-destructive and to that end, Shelley induces us to appreciate the need for moderation by exposing the complications of intellectual extremism. ââ¬ËI ought to be thy Adam, but I am rather the fallen angelââ¬â¢ Here, the Creatureââ¬â¢s rational lexis is juxtaposed with Victorââ¬â¢s insect imagery ââ¬Å"Begone! Vile insectâ⬠, whereby the Creatureââ¬â¢s developed sense of morality in comparison to Victorââ¬â¢s tyrannical behaviour reflects Shelleyââ¬â¢s concerns of morally deficient humans and by extension; Shelley berates the use of oppression as a means of governance.
Tuesday, October 22, 2019
Free Essays on Lesson Plan
. Students that excel may find interests in learning to further their ASL knowledge. I believe the product will work because it actively involves the students in their learning. By doing hands on activities their attention will be focused and more apt to absorb all the information. Some obstacles that may occur during the lesson are confusion of hand positions or mixing up the letters. By using the small groups of three the teacher can walk around the classroom freely and critique the students individually in order to correct mistakes. Also, group activity will allow the other children to help each other.... Free Essays on Lesson Plan Free Essays on Lesson Plan For my first product I chose to do a lesson plan that can be taught from Kindergarten to second grade. The lesson will help the children apply their knowledge of the alphabet to learn the appropriate sign for each letter. I chose to create a lesson plan to enhance my professional experience and employability. Teachers have to make lesson plans every day and if you do not know how to make a lesson plan then you will most likely have an unorganized day of teaching. Also, when looking for jobs if I were to show them example lesson plans I made then they might feel I could be more qualified than others for the job. The primary audience for my product would be Kindergarten to Second graders in the classroom environment. The children would also be doing group work with this lesson. The children will range from age 5 to age 9. I chose my hometown school to teach this lesson plan to but it can also be taught at any school in any city and state. So, that would make the socioeconomic status and geographical location different in each example. The primary goals I will be looking for would be to have the children learn how to use sign language and comprehension to put the letters with their correct ASL sign. Also, the knowledge of the ASL alphabet is the first step in learning to sign words. Students that excel may find interests in learning to further their ASL knowledge. I believe the product will work because it actively involves the students in their learning. By doing hands on activities their attention will be focused and more apt to absorb all the information. Some obstacles that may occur during the lesson are confusion of hand positions or mixing up the letters. By using the small groups of three the teacher can walk around the classroom freely and critique the students individually in order to correct mistakes. Also, group activity will allow the other children to help each other....
Monday, October 21, 2019
How is Juliet presented to the audience at the beginning of the play Essays
How is Juliet presented to the audience at the beginning of the play Essays How is Juliet presented to the audience at the beginning of the play Essay How is Juliet presented to the audience at the beginning of the play Essay Romeo and Juliet are clearly famous literature characters with definite labels and expectations of both of them. Before reading the play, a clear expectation of Juliets character is respected and holds powerful position in society due to the status of her family. Furthermore I expected Juliet to be a self-conscious character, with a constant worry over her appearance to others. However this is not the case. Juliet acts differently to her expectations to the audience.Juliet first appears in Act 1 Scene 3 when she is called upon by Lady Capulet, her first appearance to the audience is as though she is acting as a servant for Lady Capulet. Madam, I am here. What is your will? Surprisingly she shows a sense of loyalty towards her mother, furthermore she appears to commonly act as a servant for her mother by the language she uses when talking to her.My thoughts of a mother and daughter relationship would definitely not involve a servant act, played by the daughter. This is surprising as my main expectation of Juliet was as a respected individual. Being called upon by Lady Capulet suggests to the audience, that perhaps Juliet has little importance in the play. In addition to this, Juliet is a young girl in a difficult social position. Her behaviour throughout the play reflects that.A clear lack of closeness can be seen between Lady Capulet and Juliet at the start of Act 1 Scene 3, Nurse where is my daughter? Lady Capulet gives off an impression that she is un-aware of Juliets actions. She also seems un-comfortable and shows an awkward tone during the presence of Juliet. It seems she isnt quite sure what her role as a mother really is. Nurse, give leave awhile: We must talk in secret. Nurse, come back again. Lady Capulet shows an insecure relationship with Juliet here, perhaps she has always had guidance of the Nurse. A mother daughter relationship should include openness, however Lady Capulet cannot be open with Juliet, the Nurse is used as a kind of surrogate.Unlike Lady Capulet, the Nurse seems to be able to interact with Juliet. The two seem to be able to relate and a clear relationship can be seen by the audience. Go girl, seek happy nights to happy days. The Nurse wants Juliet to be happy and shows affection towards Juliet. Perhaps this is because she feels it is her duty because she is close to Juliet. In addition she might feel sorry for Juliet because she doesnt seem to receive any support or real emotion from Lady Capulet. The Nurse seems to understand Juliet; she seems to know what is best for her. Maybe Lady Capulet uses the Nurse to guide Juliet because she thinks the Nurse is better at it.A main expectation I had of Juliet would definitely give her a manipulative and commanding personality. Interestingly she does not give off a commanding side to the audience. Despite this she does give off a stronger appearance than Romeo. During her first meeting with Romeo, she is the character in the stronger position. A clear anticipation of Romeo before the play is a strong, hero type character. Surprisingly he seems a little weaker and sensitive than expected.During the scene where he is wandering from the rest of the Montagues, he shows a more affectionate side than the rest of the Montagues and appears to be different. A major similarity that can be seen between Romeo and Juliet is that they both appear to be detached from the rest. Juliet is introduced off-stage, Romeo is moping about a lost love. They seem to be slightly individual to everyone else and this gives them a more personal appearance to the audience. They have a different character and are not just average.Interestingly a connection can be seen between Romeo and Juliet immediately at their meeting. A spark can be seen between the two characters. Going against my expectation of Romeos strong character, we find him chasing Juliet and immediately showing affection towards her. Surprisingly not for the first time Romeo finds himself i n a weak position, within the Capulet party.Juliet expresses a different side during the presence of Romeo. Between them they find themselves almost rebelling against their expectations. Juliet is supposed to be marrying Paris however finds herself falling in love with Romeo. She shows signs of strength and wants to do what she wants to do. Romeo seems to launch straight into his love for Juliet. Did my heart love till now? Forswear it, sight, for I neer saw true beauty till this night. Romeo shows signs of his affection and sensitivity here and that he is not such a strong character he could be expected to be. A question can be asked that can Romeo really fall in love straight away. Perhaps he doesnt know what love really means.Unlike Romeo, Juliet doesnt launch straight into her love for Romeo. She is playing a more hard to get role and this is shown in the famous Shakespeare balcony scene. For the second time in the play Romeo finds himself in a weaker position. Juliet has a high er stance and her strong role is represented by her introduction to the scene in a position up high in the balcony. It is as if she is looking down upon Romeo. This furthermore suggests Juliet has more importance than Romeo. In this scene Romeo again launches straight in to telling Juliet how he feels.He shows a little too much emotion and this suggests he is slightly weaker and sensitive. With loves light wings did I oerperch these walls, for stony limits cannot hold love out Juliet simply replies with If they do see thee they will murder thee. We are now aware that Juliet is thinking more of the well being of Romeo and the consequences of his actions. She is also scared that Romeo will be caught and would rather him be safe than them share their love. This also shows she is less sensitive, rather more sensible than Romeo. She is showing her intelligent side, which the audience only clearly sees during the presence of her Romeo.Juliet is clearly thinking more realistically than Rom eo. She is telling him to think more seriously about his love for her. It is too rash, too unadvised, too sudden, too like the lightening. Romeo keeps coming out with soppy lines trying to impress Juliet and she is telling him to be serious and realistic. This suggests that Juliet thinks more clearly and intelligently, unlike Romeo who tries to impress Juliet. Juliet boldly states that she is worth more than other girls and Romeo will have to do more than come out with soppy weak comments trying to impress her. At this point Juliet shows her stronger side we only seem to see her express during the presence of Romeo. Our opinions then change from the servant like girl we are first introduced too and are expectations begin to get met.
Sunday, October 20, 2019
Owl Facts
Owl Facts Hailed for their supposed wisdomà and their appetite for pesky rodentsà but derided as pests and subjectsà of superstition, owls (families Tytonidae and Strigidae) have had a love/hate relationship with humans since the beginning of recorded history. There are over 200 species of owls, and they might date back to the days of dinosaurs. Fast Facts: Owls Scientific Name: Tytonidae, StrigidaeCommon Names: Barn and bay owls, true owlsBasic Animal Group: BirdSize: Wingspans from 13ââ¬â52 inchesWeight: 1.4 ounces to 4 poundsLifespan: 1ââ¬â30 yearsDiet:à CarnivoreHabitat: Every continent except Antarctica, most environmentsConservation Status: Most owls are listed as Least Concerned, but a few are Endangered or Critically Endangered. Description There are about 216 species of owls divided into two families: Barn and Bay owls (Tytonidae) and the Strigidae (true owls). Most owls belong to the group of so-called true owls, with large heads and round faces, short tails, and muted feathers with mottled patterns. The remaining dozen-plus species are barn owls, which have heart-shaped faces, long legs with powerful talons, and moderate size. Except for the common barn owl, which is found worldwide, the most familiar owls in North America and Eurasia are the true owls. More than half of the owls in the world live in the neotropics and sub-Saharan Africa, and only 19 species reside in the United States and Canada. One of the most remarkable things about owls is that they move their entire heads when looking at something rather than moving their eyes, like most other vertebrates. Owls need large, forward-facing eyes to gather scarce light during their nocturnal hunts, and evolution couldnt spare the musculature to allow these eyes to rotate. Some owls have astonishingly flexible necks that let them turn their heads three-quarters of a circle, or 270 degrees, compared to 90 degrees for the average human being. The tawny owl is just one of the more than 225 owl species in the world. Nick Jewell/Flickr/CC by 2.0 Habitat and Distribution Owls are found on every continent except Antarctica, and they also inhabit many remote island groups including the Hawaiian islands. Their preferred habitats vary from species to species but include everything from arctic tundra to marshlands, deciduous and conifer forests, deserts and agricultural fields, and beaches. Diet and Behavior Owls swallow their prey- insects, small mammals and reptiles, and other birds- whole without biting or chewing. Most of the unfortunate animal is digested, but the parts that cant be broken down- such as bones, fur, and feathers- are regurgitated as a hard lump, called a pellet, a few hours after the owls meal. By examining these pellets, researchers can identify what a given owl has been eating and when. (Baby owls dont produce pellets since their parents feedà them soft,à regurgitated food in the nest.) Although other carnivorous birds, such as hawks and eagles, hunt during the day, most owls hunt at night. Their dark colors make them nearly invisible to their prey and their wings beat almost silently. These adaptations, combined with their enormous eyes, put owls among the most efficient night hunters on the planet. As befitting birds that hunt and kill small prey, owls have some of the strongest talons in the avian kingdom, capable of seizing and grasping squirrels, rabbits, and other squirmy mammals. One of the largest owl species, the five-pound great horned owl,à can curl its talons with a force of 300 pounds per square inch, roughly comparable to the strongest human bite. Some unusually large owls have talons comparable in size to those of much bigger eagles, which may explainà why even desperately hungry eagles usually wont attack their smaller cousins. In popular culture,à owls are invariably depicted as extremely intelligent, but its virtually impossible to train an owl, while parrots, hawks, ââ¬â¹and pigeons can be taught to retrieve objects and memorize simple tasks.à People think owls are smart for the same reason they think kids who wear glasses are smart: Bigger-than-usual eyes convey the impression of high intelligence. This doesnt mean owls are especially dumb, either; they need lotsà of brain power to hunt at night. Reproduction and Offspring Owl mating rituals involve dual hooting, and once paired, a single male and female will remain together through the breeding season. Some species stay together for an entire year; others remain paired for life. They dont typically build their own nests, instead, they take over nests abandoned by other creatures. Owls can be aggressively territorial, especially during the breeding season. Mother owls lay between one and 11 eggs over a few days period, with an average of five or six. Once laid, she does not leave the nest until the eggs hatch, some 24ââ¬â32 days later, and, although the male feeds her, she does tend to lose weight over that period. The chicks hack themselves out of the egg with an egg-tooth and leave the nest (fledge) after 3ââ¬â4 weeks. No one is sure why, on average, female owls are slightly larger than males. One theory is that smaller males are more agile and therefore more suited to catching prey,ââ¬â¹ while females brood young. Another is that becauseà females dont like to leave their eggs, they need a larger body mass to sustain them for long periods without eating. A third theory is less likely but more amusing: Since female owls often attack and drive off unsuitable males during mating season, the smaller size and greater agility of males preventà them from getting hurt. à CGander Photography/Getty Images Evolutionary History Its difficult to trace the evolutionary origins of owls, much less their apparent kinship with contemporaryà nightjars, falcons, and eagles. Owl-like birdsà such as Berruornis and Ogygoptynx lived 60 million years ago during the Paleocene epoch, which means it is possible that the ancestors of owls coexisted with dinosaurs toward the end of the Cretaceous period. The strigid family of owls broke off from tyronids and first appeared in the Miocene epoch (23ââ¬â5 million years ago). Owls are one of the most ancient terrestrial birds, rivaled only by the game birds (e.g., chickens, turkeys, and pheasants) of the order Galliformes. Conservation Status Most of the species in the International Union for Conservation of Nature (IUCN) are listed as Least Concern, but a few are listed as Endangered or Critically Endangered, such as the Forest Owlet (Heteroglaux blewitti) in India; the Boreal Owl (Aegolius funereus) in North America, Asia, and Europe; and the Siau Scops-Owl (Otus siaoensis), on a single island in Indonesia. Ongoing threats to owls are hunters, climate change and habitat loss. Owls and Humans Ità isnt a good idea to keep owls as pets, and not just because thats illegal in the U.S. and most other countries. Owls eat only fresh food, requiring a constant supply of mice, gerbils, rabbits, and other small mammals. Also, their beaks and talons are very sharp, so youd also need a stock of bandages. If that werent enough, an owl can live for more than 30 years, so youd be donning your industrial-strength gloves and flinging gerbils into its cage for many years. Ancient civilizations had widely divergent opinions about owls. The Greeks choseà owls to represent Athena, the goddess of wisdom, but Romans were terrified of them, considering them bearers of ill omens. The Aztecs andà Mayans hated and feared owls as symbols of death and destruction, while many Native American tribes scared their children with stories of owls waiting in the dark to carry them away. The ancient Egyptians had a kinder view of owls, believing that they protected the spirits of the dead as they traveled to the underworld. Sources Askew, Nick. List of Owl Species. BirdLife International, June 24, 2009.BirdLife International. Micrathene The IUCN Red List of Threatened Species: e.T22689325A93226849, 2016.à whitneyi.BirdLife International. Bubo . The IUCN Red List of Threatened Species: e.T22689055A127837214, 2017.scandiacus (errata version published in 2018)BirdLife International. Heteroglaux . The IUCN Red List of Threatened Species: e.T22689335A132251554, 2018.blewittiBirdLife International. Aegolius . The IUCN Red List of Threatened Species: e.T22689362A93228127, 2016.à funereusBirdLife International. Otus . The IUCN Red List of Threatened Species: e.T22728599A134199532, 2018.siaoensisLynch, Wayne. Owls of the United States and Canada: A Complete Guide to their Biology and Behavior. Baltimore: The Johns Hopkins University Press, 2007.
Saturday, October 19, 2019
There is no point in having a doctrine of administrative Essay
There is no point in having a doctrine of administrative unreasonableness. Discuss - Essay Example It might be further added that an administrative decision would be deemed as unreasonable if it is so unreasonable that no reasonable authority could have ever reached it.1 This sounds very pompous but in effect is nothing but a tautology that would make a lawyer feel proud of their linguistic expertise without clarifying one little bit the issue at hand. To begin with one must differentiate between unreasonableness and other grounds for review of an administrative decision. The other grounds for a review of an administrative decision are ââ¬Ëirrelevant considerationsââ¬â¢ and ââ¬Ëimproper purposesââ¬â¢. These two grounds are mainly concerned with administrative process and evaluate whether the administrative authority made specific mistakes in the course of the administrative process by considering irrelevant issues or by directing its attention to an improper purpose. But the review conducted on grounds of ââ¬Ëunreasonablenessââ¬â¢ does not examine the administrat ive process; it is more concerned with the end result. This means the court need not enquire whether any specific ââ¬Ëmistakeââ¬â¢ has occurred, instead it would deliberate on the reasonableness of the administrative decision. ... However, this doctrine is so intrinsically vague as it leaves the final decision of unreasonableness to the sensibilities of the judges without any support of undeniable evidence that courts are usually very cautious in employing this ground of review and will only in rarest of rare occasions strike down an administrative decision as unreasonable. Therefore, though the doctrine of unreasonableness is a very potent weapon in the hands of judiciary to correct the wrongs done by the administrative arm of the government, its rare use perhaps blunts a good deal of its potentiality. The issue should be examined from another perspective to get a better idea about its effectiveness in a civil society. Let us assume that a decision will never be unreasonable unless some mistake has occurred in the administrative process. If that be so, unreasonableness is not a defect by itself but a symptom of another defect. Such an apprehension may lead the court to issue an order of nisi (as it is done in Israel) or grant leave for a judicial review (as it is done in England). Subsequently, as the review progresses, it may be unearthed that the decision is flawed with irrelevant considerations or improper purposes. If that be the case, the administrative decision can be overturned on those grounds and not on grounds of unreasonableness. It might also be that the review would lead to the conclusion that the administrative decision is based on relevant considerations and proper purposes and therefore cannot be flawed on these grounds but it might come to light that the authority had given unnecessary importance and undue weight to an otherwise relevant consideration. It could, for instance, be that the authority has converted a marginally relevant
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