Is Socrates Innocent or Guilty Essay - 1379 Words

Is Socrates Innocent or Guilty? Living in a democracy, everyone is exposed through television and other various forms of media everyday to numerous trials by jury. Usually they are rarely given a second thought, but every once in a while along comes a specific trial which captures the attention of the entire country. This goes the same for trials throughout centuries in our past. Although they did not have the same forms of media as in this, modern era, there were still specific trials in which everyone knew about. One trial that stands out is the one against the great philosopher Socrates. Accused of corrupting the youth, being an atheist, and believing in other gods, Socrates faced trial by jury. The early forms of democracy†¦show more content†¦No one had previously imagined that Socrates would be put to death. Socrates was a man who spent most of his time talking to people. He would ask them hypothetical questions, and make them think for themselves about the true answer they believed in, by serving as a guide for the conversation. Many people, including the accusers, believed that while Socrates did this, he was serving as a Sophist. A Sophist is a person who talks to people, and teaches them how to argue a point, whether the point is right or wrong. A Sophist would collect money for this lesson, and go on with their teachings (Xenophon 42). This accusation is inaccurate because Socrates did not collect any money for his conversations with people. Instead, Socrates was a very poor man, who happened to have rich friends. Talking to these people was a way for Socrates to try to spread his way of life to the Athenians. He enjoyed conversing with people about ethical issues, and moral beliefs. In his argument, Socrates refutes Meletus charge that he corrupts the young. One crucial point deals with the idea of Socrates as a paid teacher. This would imply that Socrates was actively seeking students and teaching corrupting ideas. This plays a part in the argument, by Meletus, that Socrates has deliberately corrupted the youth. Socrates says that, the young men who follow me around of their own free will, those who have most leisure, the sonsShow MoreRelatedSocrates: Guilty or Innocent Essay847 Words   |  4 PagesIn Platos, The Apology of Socrates, Socrates was accused and on trial for two charges: that he had corrupted the youth of Athens with his teachings, and, that he advocated the worship of false gods. Socrates taught his students to question everything in a thirst for knowledge. Thus, many politicians were looked at as hypocrites. Because of this, many politicians feared Socrates and wanted Socrates away from Athens. Socrates tried to defend himself against the charges by addressing each accusationRead More The Apology of Socrates: Guilty or Innocent? E ssay928 Words   |  4 PagesThe Apology of Socrates: Guilty or Innocent?   Ã‚   In any case of law, when considering truth and justice, one must first look at the validity of the court and the system itself.   In Socrates case, the situation is no different.   One may be said to be guilty or innocent of any crime, but guilt or innocence is only as valid as the court it is subjected to.   Therefore, in considering whether Socrates is guilty or not, it must be kept in mind the norms and standards of Athens at that time, and theRead MoreSocrates: Guilty or Innocent of Charges? Essay2093 Words   |  9 PagesSocrates: Was He Guilty or Innocent of the Crimes He Was Charged With? Most of the information that we learn about Socrates comes from the work and writings of one of his students, Plato. 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In his words Socrates quoted the prosecution’s accusation against him: â€Å"Socrates is guilty of corrupting the minds of the young, and of believing in supernatural things of his own invention instead of the gods recognized by the state.† 1 Further Socrates consistently introduces tediously compiled number of examplesRead MoreSocrates Trial Essay807 Words   |  4 PagesApology Socrates was charged and put on trial for impiety, as well as accused of committing many other crimes. I will first explain the most important issues of why Socrates was sent to death. Then I will argue the position that Socrates is innocent, and should not be have been found guilty. To introduce, Socrates was placed on trial and charged with the crime of impiety. Impiety is the lack of reverence for the gods and other sacred things. As well another major claim was that Socrates was corruptingRead MoreEssay Is Socrates Guilty As Charged?1134 Words   |  5 Pagesquot;Is Socrates Guilty As Charged?quot; nbsp;nbsp;nbsp;nbsp;nbsp;In any case of law, when one is considering truth and justice, one must first look at the validity of the court and of the entity of authority itself. In Socrates case, the situation is no different. One may be said to be guilty or not of any said crime, but the true measure of guilt or innocence is only as valid as the court structure to which it is subject to. Therefore, in considering whether Socrates is guilty or notRead MoreThe Apology And Interpretation Of The Trial Of Socrates1183 Words   |  5 Pagesinterpretation of the trial of Socrates (399 BC). When the Thirty Tyrants were ruling Athens, Socrates was asked by them to help capture Leon of Salamis, a wealthy man. This arrest was to be made simply because Leon was a just Democrat and the Tyrants wanted to take his huge estate for themselves. Socrates disobeyed these orders hence why he was later executed as a traitor of Athens. Meletus was the man who then brought Socrates before a jury for prosecution. Socrates pleaded innocent in his trial. SimilarlyRead MoreEssay on Socrates Was NOT Guilty1667 Words   |  7 Pages   Ã‚  Ã‚  Ã‚  Ã‚  Socrates, in his conviction from the Athenian jury, was both innocent and guilty as charged. In Plato’s Five Dialogues, accounts of events ranging from just prior to Socrates’ entry into the courthouse up until his mouthful of hemlock, both points are represented. Socrates’ in dealing with moral law was not guilty of the crimes he was accused of by Meletus. Socrates was only guilty as charged because his peers had concluded him as such. The laws didn’t find Socrates guilty; Socrates was guiltyRead MoreEssay on A Hoax in Court: The Trial of Socrates1547 Words   |  7 PagesAlbert Einstein quoted, â€Å"In matters of truth and justice, there is no difference between large and small problems, for issues concerning the treatment of people are all the same† (Brainy Quote). Were justice and truth a part of Socrates’ trial? The primary question is: what is justice? According to Merriam-Webster dictionary, the definition of j ustice is: â€Å"the administration of law, especially the establishment or determination of rights according to the rules of law or equity.† Meletus broughtRead MoreAnalysis Of Socratess Four Accusations About Socrates 1679 Words   |  7 PagesFour accusations about Socrates are that he commits injustice and is a busybody; he investigates things in the heavens and beneath the earth; he does not acknowledge the gods; he makes the weaker argument the stronger; he teaches this to others; he corrupts the young (Plato, Apology, 18c-19b, pg 47). While he is guilty of the first, second, fifth and sixth accusations, he is innocent of the third and the fourth. That Socrates is guilty by his own standards of being a busybody, or meddler, is

The Development Of The Self And The Ability Of Form...

The development of the self and the ability to form relationships with others both begin in infancy, as the child starts to understand its own existence. The formation of close relationships with parents and, eventually, with peers is crucial to the psychological and physiological well-being of a child. The first signs of self-awareness can generally be found by age two. Children at this stage can recognize themselves in the mirror and in photographs, as well as use personal pronouns to refer to themselves. One popular test of self-recognition involves discreetly putting a small mark, usually an ink dot, on the forehead of a child. When the child is told to look at their reflection in a mirror, a child that has developed†¦show more content†¦The social world is not as concrete as the physical world, and is governed by subjective laws that change from person to person. Whenever people are incorporated into a task, that task instantaneously becomes much harder and this i s especially true for young children. If a child does not yet have the ability to recognize their â€Å"inner self†, it is virtually impossible for them to have effective communication with someone else, whereas this child can easily figure out that an object dropped from the highchair will inevitably fall to the ground. Relationships are incredibly important to both our functioning as a society and our existence as a species. If relationships were considered bad, then there would be serious repercussions. The most obvious is the strong decline in reproduction that would occur as a result, also neurosis would be widespread from social isolation. Relationships also help to motivate us. Upward social comparison occurs when we compare ourselves to those who are perceived to be better than us (Festinger 1954). In most people, this creates motivation to try and reach this peak, so long as it is an achievable goal. Relationships also supply us with affection and the benefit s of attachment. As people grow older, attachment with others is necessary to supplant that which was felt with their parents, as proximity to them is decreased with the emergence ofShow MoreRelatedThe Influence of Parenting Styles and Attachment Styles on Relationship Designs986 Words   |  4 Pagesattachment styles and parenting styles a child receives is the design for the rest of their relationships. The relationship an infant or child has with the primary caregiver is the most important because their adult behaviors are directly influenced from these experiences. This is the basic theory of attachment styles that states that the earliest bonds a child forms correlates to the kinds of relationships people form as adults. 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Sandwich Blitz Free Essays

Dalman and Lei have discussed two possible avenues to grow and expand Sandwich Blitz, Inc. One possible strategy would be to franchise locations. Another strategy would be to secure venture capital to finance an internal expansion by opening more company-owned shops. We will write a custom essay sample on Sandwich Blitz or any similar topic only for you Order Now Dalman feels that he just does not have time to investigate these options because he is spending an increasing amount of his time assisting the location managers. Lei noted that two of the location managers had exhibited a lot of skill in the management of their locations and perhaps a new position could be added to coordinate with the location managers. This would free Dalman to work on these larger issues. 1. How would creating a new position between the CEO and the location managers help the business to grow? Creating a new position will allow Dalman to devote his time and energy towards more important issues regarding growing the company as a whole; namely the possibility of franchising locations and or securing venture capital to finance and internal expansion by opening more company owned shops. In this new position, the new manager would have the authority to make decisions, give orders, draw on resources and do whatever else is necessary to fulfill that responsibility. Dalman would only need to have a weekly or bi-weekly meeting with the new manager as to the status of the locations at the operational level and dispense advice or direction if needed. 2. Is promoting an existing manager the best option to fill this position? If not, what is an alternative source to fill the position? Yes, promoting an existing manager is the best option to fill this position because the existing manager already knows the job and with the additional responsibilities, he will feel like he’s contributing. Also, with his exceptional managerial skills, he will remain focused, put over 100% effort into the tasks at hand and become involved in new ideas and innovation for the company. 3. Who within the company should make these decisions? Dalman and Lei should make these decisions. Since they both know who the managers are and their skill set, then they are the ones who should decide who to promote and/or move into the position. 4. List the levels of authority (management) that Sandwich Blitz, Inc. would have if the new position is created. The levels of authority (management) that Sandwich Blitz, Inc. would have if the new position is created are: 1.Strategic Managers, CEO, CFO, Dalman and Lei 2.Middle Manager – Senior Manager, New Position 3.Operational Managers – 8 Location Managers How to cite Sandwich Blitz, Papers

Recent Developments in the Doctrine of Consideration

Question: Discuss how the development of economic duress has allowed the courts to move away from a rigid adherence to the doctrine of consideration? Answer: Introduction Generally, in contracts, there are three basic elements namely the agreement, the intention to create a legal obligation and the consideration. The doctrine of consideration is important because it endeavours to bind the parties to an agreement and checks the legal limits on them. The two principal rules associated with the doctrine of consideration are that it should move from the promise, but it may or may not reach the promisor and secondly, it may not be adequate, but it should be sufficient. The question that arises is that whether the doctrine of consideration is relevant in today's world or not. Does the doctrine establish in the case of Williams v Roffey still exist or have there been other doctrines that have taken up its place? In today's world, the existence of consideration has become very minimal, and the judges have resorted to going to extreme ends to juggle up considerations. Can we in today's context say that the doctrine of consideration is becoming redundant gradually? This application is widely happening in the transactions having a commercial nature. In the case of Williams v Roffey, it was established that a consideration that is factual and against the legal benefits shall be a proper consideration. Thus, the definition as to what constitutes proper consideration became much wider in ambit. The precedent of Williams has been applied on various instances in the Singapore Law like that of Sea-Land Service Inc v Cheong Fook Chee Vincent. The application of the doctrine of consideration is day by day becoming obsolete although it has not become totally redundant. The Doctrine of Consideration The principle upon which the doctrine of consideration primarily rests is the concept of factual benefit with the requirement that it should be sufficient. This concept of factual benefit gives the same purpose as that of the doctrine of consideration thereby negating the sufficiency requirement. This gives rise to the question that does this not make the doctrine absolutely unneeded? There are also various concerns regarding the application of the doctrine of consideration. In the case of Williams v Roffey, it was held by the judges that the promise that was made was sufficient and qualified within the terms of the consideration. But, in the case of Stilk v Myrick, it was ruled by the Courts that no consideration existed as the matter was with the presentation of an active contract. Both of these matters deal with the issue that a promise had been made to pay more than that owed under the contractual obligations. The decision given in these two cases is entirely opposite. The concern in this regard is the justification provided by Lord Justice Russell in Williams. It is very clear from the statement put forth that the judge was not pleased with the judgment pronounced in the case of Stilk. While there is such a big difference in the application of the same doctrine in different areas, then, what should be the base for the upcoming litigations to remove the incons istency in the same law? These inconsistencies help in contemplating the effectiveness of the doctrine of consideration. Application of the Doctrine As far as the applicability of the doctrine of consideration is concerned, there are unquestionably certain issues that raise questions on its effectiveness. This doctrine is becoming redundant gradually, and there are several other doctrines that are day by day encompassing the essence of consideration and reshaping it. The other doctrines in this aspect are the doctrine of promissory estoppels, undue influence, the doctrine of duress, unconscionability, etc. Vitiating factors are often used by the Courts as a means in alteration of the doctrine of consideration. Economic duress is mostly served to make contracts that were framed by using improper conduct to be termed as voidable. The doctrine is used in those circumstances when unlawful pressure is exerted on the parties and because of that pressure, people enter into a contract. This doctrine tries to prevent the disputes that might fall under extortion that have a higher effect. That can lead to such circumstances that might give a look that the consideration in the contract was a valid one. These kinds of matters might result in very unfair judgments being pronounced by the Courts and in those circumstances; the doctrine of consideration is likely to become even more invalid. These situations arise when one of the parties in the contract, which generally happens to be in the dominant position, uses the advantage of his position to induce his words in the mouth of the other party. There might also be a situation when because of the dominant position enjoyed by one party; the other party may be prevented from entering into a contract although the same might be beneficial for them. Generally, in all these circumstances, it is very simple to find an alternative shape of consideration in the agreement that ultimately results in unfair judgments being pronounced by the Courts. The Doctrine of Duress The doctrine of duress tries to protect the unscrupulous behaviour that often gets highlighted in the contracts when they are formed. The application of this doctrine is witnessed on a large scale where the unethical behaviour is displayed by the use of money, power, and favourable position. What the courts look forward to nowadays is not concerned with the application of the precedents of either Williams or Stilk. Rather, the application of the principle of the law that there should be the possible display of sufficient consideration is looked at by them. While the alternatives, on the one hand, have their own benefits, they also have certain limitations that are associated in addition to that. They firstly do not hold as good a foundation in the legal system as is held by the doctrine of consideration. Because consideration is one of essential doctrines governing the law of contracts, totally abolishing the same is somewhat difficult. Hence, in such a situation, the best alternativ e that is available is that it should be entirely left in the hands of the judges to decide a matter based on the circumstances of a case. It cannot be denied that there are certain flaws in the existing system but for that issue, totally abolishing the same can never be a solution. There can be certain revisions and amendments made in the existing system. Consideration is one of the essential elements of any contract and in legal language; it means the price for the contract that is paid by one party to the other party as an acknowledgement of the performance of the contract. What is essential in its characteristics is that it is supposed to move from the promise and should be sufficient. Originally, it was meant for those promises that were made in the domestic level and for transactions that were controlled by the landowners around the mid 18th century. Since there was the very little development of commerce, trade agreements were also not well developed. What has been of concern is that time has changed, and so has the legal framework, but the doctrine keeps working on its traditional way. There is also a great amount of confusion that has been put forth before the common masses between the legal benefit and the detriment post the judgment of Williams v Roffey. The question has also been put on the validity of the concept of consideration. It was held in this matter by the Court that Roffey Bros were supposed to pay Williams because they had derived a benefit that qualified to be sufficient consideration. The general rule regarding consideration is that none of the promises to perform a contract can ever qualify to be sufficient consideration. However, an exception was laid in this rule. It was stated that none of the parties should thrive to reap any additional benefits when the obligations have been fulfilled by the other party. The rule under the common law, on the contrary, looks at the detriment for those obligations that come under public duty. Hence, because the factual benefit is displayed in everyday behaviour very easily, hence, to apply the rule established in Williams the scope of the doctrine of consideration has to be altered. Analysis of the Situation Now, because the verdict in this matter was related to assessing the sufficiency of consideration, the judgment has left a smudge in the analysis of injury. If a benefit is said to be the adequate consideration, then, there must be no differentiated opinion over the judgments on different occasions. Thus, it should be a situation where the benefits earned should be sufficient in cases of price reduction as well. In the case of Re Selectmove Ltd, it was held that the promise to pay less did not qualify to be a valid agreement under the rule of Williams. The general rule as laid down in the Pinnels case which states that no part payment will be a sufficient consideration still prevails. Reference should be drawn of the case of Foakes v Beer. In this matter, it was held by the court that there was no supplementary profit that went from Foakes to Beer. If we could have got proof that certain additional benefit was moving from Foakes to Beer that would have amounted to a sufficient consideration. But, no plausible outcome was stated by the court that could prove towards a sufficient consideration. Hence, it can be very well said that the common law position is very unclear. Further, considering the case of Pao On, we can say that there may be consideration without duress while we evaluate the performance of duty towards a third party while there id legal benefit. Here again the principle laid down in Williams happens to be redundant. The courts in various occasions have taken varied views regarding the applicability of the consideration criteria. While generally, the importance is given to the intention to enter into a legal relationship, consideration has very often been overlooked. The examples of these instances are Chwee Kin Keong v Digilandmall.com Pty Ltd and Edwards v Skyways. The courts in these have laid that the priority should be given to the honour clauses rather than the requirement of consideration. The priority is always given to those circumstances where the contracts are drafted under a seal of the law. If the seal is present, seldom is importance given to the consideration criteria. The doctrine of consideration may seem to be a bit out of track because the intention behind the contract is given much more importance. Advantages and Disadvantages After having analyzed the various alternative approaches taken by the Courts, we shall now evaluate if these options are feasible methods or not. The duress doctrine provides that if any unfair pressure is put on any individual, he cannot be forced to enter into an agreement. If the doctrine of duress is applied in just conditions, then, the weaker party gets a protection under the law. However, in most of the instances, it is often difficult to determine in the specified instances if duress was present or not. Like in the case of Williams v Roffey, the ambiguity has not yet been resolved as to what is a normal commercial pressure and what is an economic duress. In any event, if economic duress is established, it has the effect of overriding consideration, and the contract is held to be invalid. In majority of the situations, the courts look at the presence of duress before validating a contract. Though strict guidelines are absent, the validity of the doctrine is often questioned and this often results in various uncertainties and ambiguities. As in the case of Barton v Armstrong, these clauses, only have the effect of making a contract voidable and not void. Thus, in this respect, we can state that unlike consideration, the duress cannot make a contract void. Hence, from this it is very clear that duress can never be a total replacement for the doctrine of consideration. To replace consideration, there are wider aspects over public policy as well. There are numerable public servants who are likely to misuse the concept for deriving benefits. In such matters, even though the presence of extortion will be low, yet, the additional benefits during the process is likely to have an effect over the performance of the duties. This conflict with the public policy on the face as it is detrimental for the society as well. Hence, to justify the position of the concept of duress, number of cases is required. Since, on the one hand, our society of today is largely dependent on the latest forms of trade and commerce, duress is likely to increase at a steady rate. On the other hand, the situation has not yet become so ripe that the entire concept can be over ridden by the concept of duress. Feasibility Criteria Thus, we can say that precisely, it is very difficult to abolish the consideration criteria in contracts and replace it totally with duress. The alternative of duress is not totally developed and concrete enough so that it can be used as a total replacement. Moreover, the basic role that is played by the concept of duress is very different from the concept of consideration as far as the basis of law is concerned. As the present situation goes, consideration goes at an equal pace with the requirement of duress. Duress in today's era is nothing more but a simple exception that moves parallel to the well established the doctrine of consideration. It is not a valid requirement foe any legal agreement to be termed as a contract and as far as the situation in the present day is in question, it goes very much hand in hand with consideration. The original doctrine of consideration still applies in every single case of contracts. Hence, it can be validly said that this doctrine of duress does not possess a similar threshold of coming at an equal standard of consideration and even if it does, it will become extremely difficult to determine the validity of these contracts in those areas which generally come under the exceptions if the entire concept of consideration is totally removed and detained. Conclusion While we come to write the conclusion in this respect, it can be said that the same may be totally removed but nowhere can it be said to be totally redundant. Considering the changing shape of commercial transactions, we can say that the common law in the upcoming time will evolve out gradually to remove all the redundancies that are present so that the requirements can be met by the society and the situation fits in the puzzle of the pressures of the modern society contracts. There has to be an analysis of many more cases under the common law doctrine to establish a valid jurisprudence in this regard. Since the law develops slower than the pace in which society develops, it should be borne in mind by all of us that the law is likely to suffer from certain imperfections. In order to have a reduction in these imperfections, exceptions do come out but the doctrines that have been considered to be the skeleton of the legal pillar and those which give a shape to the law, should be kept r unning. This is because they have an impact over many of the operations in which the society is till date engaged. The same logic applies over consideration as well. Abolishing the entire concept is likely to create greater chaos and confusion in the legal domain. References Axelsen D and Nielsen L, 'Sufficiency As Freedom From Duress' [2014] J Polit Philos Denning A, 'RECENT DEVELOPMENTS IN THE DOCTRINE OF CONSIDERATION' (1952) 15 The Modern Law Review E-lawresources.co.uk, 'Contract Consideration' (2015) accessed 5 August 2015 E-lawresources.co.uk, 'Duress' (2015) accessed 5 August 2015 Enonchong N, Duress, Undue Influence And Unconscionable Dealing (Sweet Maxwell 2006) Ibbetson D, 'DURESS REVISITED' (2005) 64 Cam. Law. J. Inbrief.co.uk, 'Duress And Undue Influence In Contract Law' (2015) accessed 5 August 2015 Mcbridesguides.com, 'Doctrine Of Consideration | Mcbridesguides' (2012) accessed 5 August 2015 Sjol.co.uk, 'Why English Contract Law Should Prohibit Unfair Conduct In Contractual Negotiations By A General Doctrine Of Unconscionability - The Student Journal Of Law' (2015) accessed 5 August 2015 Swain W, 'The Changing Nature Of The Doctrine Of Consideration, 17501850' (2005) 26 The Journal of Legal History Barton v Armstrong [1973] UKPC 2 [1973] UKPC Chwee Kin Keong and Others v Digilandmallcom Pte Ltd [2005] SGCA 2 [2005] SGCA Edwards v Skyways [1964] 1 WLR 349 (1964) 1 WLR Foakes v Beer [1884] UKHL Pao On v Lau Yiu Long [1979] UKPC 2 [1979] UKPC Re Selectmove Ltd [1993] EWCA Sea-Land Service Inc v Cheong Fook Chee Vincent (1994) 3 SLR 631 (1994) 3 SLR Williams v Roffey Bros and Nicholls (Contractors) Ltd (1990) 1 All ER A. T. Denning, 'RECENT DEVELOPMENTS IN THE DOCTRINE OF CONSIDERATION' (1952) 15 The Modern Law Review. Williams v Roffey Bros and Nicholls (Contractors) Ltd (1990) 1 All ER. Sea-Land Service Inc v Cheong Fook Chee Vincent (1994) 3 SLR 631 (1994) 3 SLR. Warren Swain, 'The Changing Nature Of The Doctrine Of Consideration, 17501850' (2005) 26 The Journal of Legal History. Mcbridesguides.com, 'Doctrine Of Consideration | Mcbridesguides' (2012) accessed 5 August 2015. David V. Axelsen and Lasse Nielsen, 'Sufficiency As Freedom From Duress' [2014] J Polit Philos. Nelson Enonchong, Duress, Undue Influence And Unconscionable Dealing (Sweet Maxwell 2006). E-lawresources.co.uk, 'Duress' (2015) accessed 5 August 2015. David Ibbetson, 'DURESS REVISITED' (2005) 64 Cam. Law. J. Re Selectmove Ltd [1993] EWCA. E-lawresources.co.uk, 'Contract Consideration' (2015) accessed 5 August 2015. Foakes v Beer [1884] UKHL. Inbrief.co.uk, 'Duress And Undue Influence In Contract Law' (2015) accessed 5 August 2015. Pao On v Lau Yiu Long [1979] UKPC 2 [1979] UKPC. Chwee Kin Keong and Others v Digilandmallcom Pte Ltd [2005] SGCA 2 [2005] SGCA. Edwards v Skyways [1964] 1 WLR 349 (1964) 1 WLR. Barton v Armstrong [1973] UKPC 2 [1973] UKPC. Sjol.co.uk, 'Why English Contract Law Should Prohibit Unfair Conduct In Contractual Negotiations By A General Doctrine Of Unconscionability - The Student Journal Of Law' (2015) accessed 5 August 2015.