In the Castle of My Skin Essay example - 1758 Words

The novel In The Castle Of My Skin by Barbadian novelist George Lamming and Wide Sargasso Sea by Jean Rhys, a native of Dominica both deal in-depth with the lives of their characters during colonialism. Similarly each author tackles the idea of alienation and loss of identity placed upon their characters, through such literary techniques as point of view, setting and characterization. One can successfully compare and contrast the novels and seek to attain a greater appreciation and understanding of the authors and their works. In The Castle Of My Skin Lamming shows alienation through point of view. In chapter 11 he reverts back to first person in the voice of G. G is the main character of the novel, he is depicted as an†¦show more content†¦Antoinette had no motherly guidance, however she did as we later find out inherits her mothers beauty, spurs of madness and anxiety these traits develop throughout the years as she grows. During her years of childhood, adolescence and ad ulthood Antoinette was branded with such derogatory names as white cockroach and white nigger this is first acknowledged early in the novel where Tia a childhood friend and her have a dispute over pennies, Tia then calls her a white nigger due to the fact that Antoinette and her family were poor whites she also claims black niggers were superior. Thats not what she hear, she said. She hear all we poor like beggar. We ate salt fish Ââ€" no money for fresh fish. That old house so leaky, you run with calabash to catch water when it rain. Plenty white people in Jamaica. Real white people, they got gold money. They didnt look at us, nobody see them come near us. Old time white people nothing but white nigger now, and black nigger better than white nigger. (21) This brought much confusion for her; unsure of what she was Antoinette isolated herself from people for now she begrudged their company and if the razor grass cut my legs and arms I would think its better than people. Antoinette began to change she had no explanations why but her identity had been compromised I was somewhere else, something else. Not myself any longer.Show MoreRelatedThe Castle Of My Skin994 Words   |  4 PagesTitle In the Castle of My Skin is by its very nature a novel which is difficult to label as its episodic nature underlines the diverse nature of the Caribbean experience. The Antilles were, and are to this day, a region defined by its ethnic and cultural diversity. Due to the multiplicity of experiences which define the region, any singular narrative attempting to portray even one village would be overly simplistic as a result of the singular narrative which define most traditional novel. As suchRead MoreThe Castle Of My Skin By George Lamming1758 Words   |  8 PagesThe story, In the Castle of My Skin by George Lamming, is about a young boy’s life events that take place in a village that has gone through the dramatic changes of colonialism. The changes that the characters’ experience influences both the village and the society. The setting and time of the novel allow the reader to understand the circumstances and struggles that were present in the Caribbean. There are so m any themes that are present in In the Castle of My Skin such as race, coming of age, andRead MoreGeorge Lammings in the Castle of My Skin1950 Words   |  8 PagesLamming, author of In the Castle of my Skin. Lamming presents exile as a complex idea. He uses the main character, G., to portray a layered definition of exile. Through G.’s interactions with his family, friends, and community, there is a constant sense that G. is an outsider. Exile is complex, and cultural and personal exile is likely to lead to inevitable physical exile, as illustrated by the character G. and his consciousness in Lamming’s novel, In the Castle of My Skin. G. lives in a small villageRead MoreUniversal Studios : Hogwarts : A Dream Is A Wish Your Hearts Makes864 Words   |  4 Pagescomes to mind when I think about the day that I visited Hogwarts in Orlando, Florida. Since the Harry Potter movies first came out, I have been a big fan. I have always wished that the school of Hogwarts actually existed, and I wished I could pack up my bags, run through the portal at the train station, and be a full time student. When I realized that a Hogwarts was being built, I could not have been more excited. I couldn t wait to see, hear, smell, and feel what it was like to actually be at HogwartsRead MoreThemes Of Power, Deceit, Racial Discrimination, Fate, And Gender Norms1408 Words   |  6 Pages‘The Man in the High Castle’ tells the story of a parallel world, one in which the Japanese and the Germans won the war, and the world now operates in their favor. The story line revolves around a book that is written by a man who only writes what the Ching says to. One book in particular is forbidden to many, and it is because the contents tell the story of ‘what really happened’, how we got to the world we live in today. Philip K Dick wraps this intriguing story around themes of power, deceitRead MoreCastle Rackrent Essay1124 Words   |  5 PagesMaria Edgeworths Castle Rackrent is a satirical novel blaming the Irish people and the English Landlords for the plight of the Irish poor. She illustrates the comical ways of the drunks, and the way they act towards the Landlords. The Landlords on the other hand are careless men and women that control the towns. One example of Edgeworths use of satire in Castle Rackrent involves the landlords and their lack of leadership abilities. Another example of satire in Castle Rackrent is Jasons inherentRead MoreEssay On The Big Man1108 Words   |  5 PagesOne day this little boy named Nick crawled up a giant tree that went all the way up into the clouds. When Nick got to the top he saw this scary looking castle. A tiny brittle sight, in front of the castle said keep out a giant lives here. The boy paid no attention to the sign. He walked in as the big doors creaked open. All he could see was blackness. Then he heard a loud shriek. Like a woman about to get murdered by her own husband. All it was was a bat shreking, because the giant was comingRead MoreThe Elevated Figure in the Attic Essay712 Words   |  3 PagesThe door to the attic creaked open in front of me. In the secluded obscurity of the attic I felt something rustle. As I walked deeper into the on-going darkness a malodorous smell invaded my nostrils. After minutes of utter silence-something began to awake. Suddenly everything had become more sinister and colder. As I glanced down I saw the moth-eaten rugs along with spiders crawling all over the floor. This place had perceptibly not been maintained as it had: dust powdering every single surfaceRead MoreA Story Of Good Fortune935 Wo rds   |  4 Pageson the walls. Everything so pristine and clean, so neat and flawless. Everything never out of place. That’s because Athena put a spell over the castle that when something is ever out of place it will automatically fix itself. It actually is a good spell if you like everything clean but don’t want to clean yourself. Alexandria is walking down the castle hall when a servant rushes up to her and says â€Å" Miss Alexandria Athena is not in her throne room she is located in Zeus s palace†. â€Å"Thank you Susanne†Read MoreAnalysis Of The Film The Beauty And The Beast 1296 Words   |  6 Pagesmay be children; and it may be noisy. b. A lot like the movie. Breathtakingly Beautiful. Amazing Set and advanced technical aspects. It follows the movie very closely, adding a few songs and some extra dialogue. This is one of my favorite Disney movies and is now one of my favorite musicals c. The Special Effects: Whether it be the tale of how the Beast came to be with lighting and thunder or when the Beast turned human again, the special effects used in this play were amazing. I especially liked

Who Paid for the Statue of Liberty

The Statue of Liberty was a gift from the people of France, and the copper statue was, for the most part, paid for by French citizens. However, the stone pedestal upon which the statue stands on an island in New York Harbor was paid for by Americans, through a fund-raising drive organized by a newspaper publisher, Joseph Pulitzer.   The French writer and political figure Edouard de Laboulaye first came up with the idea of a statue celebrating liberty that would be a gift from France to the United States. The sculptor Fredric-Auguste Bartholdi became fascinated by the idea and went forward with designing the potential statue and promoting the idea of building it. The problem, of course, was how to pay for it. The promoters of the statue in France formed an organization, the French-American Union, in 1875. The group issued a statement calling for donations from  the public and presenting a general plan specifying that the statue would be paid for by France, while the pedestal upon which the statue would stand would be paid for by Americans. That meant fundraising operations would have to take place on both sides of the Atlantic. Donations began coming in throughout France in 1875. It was felt inappropriate for France’s national government to donate money for the statue, but various city governments contributed thousands of francs, and approximately 180 cities, towns, and villages eventually gave money. Thousands of French schoolchildren gave small contributions. Descendants of French officers who had fought in the American Revolution a century before, including relatives of Lafayette, gave donations. A copper company donated the copper sheets that would be used to fashion the skin of the statue. When the hand and torch of the statue were displayed in Philadelphia in 1876 and later in New York’s Madison Square Park, donations trickled in from enthused Americans. The fund drives were generally successful, but the cost of the statue kept rising. Facing a shortfall of money, the French-American Union held a lottery. Merchants in Paris donated prizes, and tickets were sold. The lottery was a success, but more money was still needed. The sculptor Bartholdi eventually sold miniature versions of the statue, with the name of the buyer engraved on them. Finally, in July 1880 the French-American Union announced that enough money had been raised to complete the building of the statue. The total cost for the enormous copper and steel statue was about two million francs (estimated to be about $400,000 in American dollars of the time). But another six years would pass before the statue could be erected in New York. Who Paid for the Statue of Libertys Pedestal While the Statue of Liberty is a cherished symbol of America today, getting the people of the United States to accept the gift of the statue was not always easy. The sculptor Bartholdi had traveled to America in 1871 to promote the idea of the statue, and he returned for the nation’s grand centennial celebrations in 1876. He spent the Fourth of July 1876 in New York City, crossing the harbor to visit the future location of the statue at Bedloe’s Island. But despite Bartholdi’s efforts, the idea of the statue was difficult to sell. Some newspapers, most notably the New York Times, often criticized the statue as folly and vehemently opposed spending any money on it. While the French had announced that the funds for the statue were in place in 1880, by late 1882 the American donations, which would be needed to build the pedestal, were sadly lagging. Bartholdi recalled that when the torch had first been displayed at the Philadelphia Exposition in 1876, some New Yorkers had been worried that the city of Philadelphia might wind up getting the entire statue. So Bartholdi tried to generate more rivalry in the early 1880s and floated a rumor that if New Yorkers didn’t want the statue, perhaps Boston would be happy to take it. The ploy worked, and New Yorkers, suddenly fearful of losing the statue entirely, began holding meetings to raise money for the pedestal, which was expected to cost about $250,000. Even the New York Times dropped its opposition to the statue. Even with the generated controversy, the cash was still slow to appear. Various events were held, including an art show, to raise money. At one point a rally was held on Wall Street. But no matter how much public cheerleading took place, the future of the statue was very much in doubt in the early 1880s. One of the fund-raising projects, an art show, commissioned poet Emma Lazarus to write a poem related to the statue. Her sonnet The New Colossus would eventually link the statue to immigration in the public mind. It was a likely possibility that the statue while being finished in Paris would never leave France as it would have no home in America. The newspaper publisher Joseph Pulitzer, who had purchased The World, a New York City daily,  in the early 1880s, took up the cause of the statue’s pedestal. He mounted an energetic fund drive, promising to print the name of each donor, no matter how small the donation. Pulitzer’s audacious plan worked, and millions of people around the country began donating whatever they could. Schoolchildren across America began donating  pennies. For instance, a kindergarten class in Iowa sent $1.35 to Pulitzer’s fund drive. Pulitzer and the New York World were finally able to announce, in August 1885, that the final $100,000 for the statue’s pedestal had been raised. Construction work on the stone structure continued, and the next year the Statue of Liberty, which had arrived from France packed in crates, was erected on top. Today the Statue of Liberty is a beloved landmark and is lovingly cared for by the National Park Service. And the many thousands of visitors who visit Liberty Island each year might never suspect that getting the statue built and assembled in New York was a long slow struggle. For the New York World and Joseph Pulitzer, the building of the pedestal of the statue became a source of great pride. The newspaper used an illustration of the statue as a trademark ornament on its front page for years. And an elaborate stained glass window of the statue was installed in the New York World building when it was built in 1890. That window was later donated to Columbia Universitys School of Journalism, where it resides today.

Gilgamesh vs Bible - 1424 Words

Many of the same old past stories can be found in different cultures. Each story differs in some views but the general themes and the main idea these stories want to transmit to their people who believe in their own God can have striking similarities. That why the Epic of Gilgamesh compares to the Bible in many different ways and the epic also has an extraordinarily different perspective than the Bible does. Yet the Bible and Gilgamesh, story or truth, myth or religion, these are questions that are applied to the ancient epic of Gilgamesh. Interestingly, these same questions apply to another major? They were written many years ago, both with many different versions, and in different languages work, the Bible. While the Sumerians wrote†¦show more content†¦Enkidu is made in the image of Anu with one very important detail; he is mortal, which connects to Adam’s creation. Adam, made in the likeleness of God, is also mortal, though much like God. With the god-like image, both men are in tune with nature which could possibly be the ideal way of life for the writers of both works, explaining why both stories have these significant details. Again, stressing harmony in nature, Enkidu grows up in the wilderness. He â€Å"fed with the gazelles on the grass/with the wild animals he drank at waterholes† There seems to be a link here with the creation of Adam; at first, Adam is given dominance over the animals in the Garden of Eden (Gen 1:30). It is only later that this is gift is taken away from him, when he gains knowledge. Enkidu also gains knowledge, in the form of a woman’s love. After a courtesan lies with him, â€Å"the beasts of the wilderness fled from his body, † as if Enkidu is now too civilized and the animals sense it (Sin-Leqi-Unninni I, iv 25). Adam’s problem, stems from a woman: Eve tempts Adam to eat the forbidden fruit, which gives him knowledge, and as a punishment, God cast him out of Eden, separating him from nature (Genesis 3:17-24). While the use of a woman suggests evil rooting from females, as many myths and religions believe, the harmony with animals depicts how man came to dominate the earth. And we also see the difference of the two flood stories in Bible and in Gilgamesh. TheseShow MoreRelatedEssay on Epic of Gilgamesh971 Words   |  4 PagesTitle: Gilgamesh Type: Epic Author: Anonymous Theme: The central idea of Gilgamesh was the greed that he had to receive eternal life. Gilgamesh was a selfish person who was half god and half man and wanted to keep his youth after seeing Enkidu die. Gilgamesh knew his destiny was not to receive eternal life because he was half man. He decided to go against the odds to fight against not having eternal life searching for the secret despite what the Gods told him. Exposition: The storyRead MoreExamining the Different Versions of Epic of Gilgamesh861 Words   |  3 PagesSource 1 Abusch, T. (Oct-Dec 2001). The development and meaning of the Epic of Gilgamesh: An interpretive essay. Journal of the American Oriental Society, 121(4), 614-622. Type of Source Source 1 is a journal article paginated by volume. Summary This journal article examines 3 versions of the Gilgamesh Epic: the Old Babylonian version; the Eleven-Tablet version; and the Twelve-Tablet version. Though all 3 versions deal with the issues and choices of human beings and also with the inescapableRead MoreEssay on Popol Vuh vs. Gilgamesh861 Words   |  4 PagesPopol Vuh vs. Gilgamesh While the two texts Gilgamesh and Popol Vuh have many similarities, themes characters ect. I personally would not call the two texts similar. In my opinion for two texts to be similar they must poses similar general themes that apply to the entire text, not small themes that only apply to portions of the text. In other words I believe that two texts can have similar events, yet have completely different meanings. Popol Vuh and Gilgamesh actually had more similaritiesRead MoreEssay on Gilgamesh vs. Genesis1436 Words   |  6 PagesGilgamesh vs. Genesis In our society, which is overwhelmingly Judeo-Christian, students often find it difficult to compare Bible stories with tales from other cultures, because our own belief system is wrapped up in the prior, and it is hard for many of us to go against our traditional faith to evaluate them objectively. But in a comparison of the Biblical book of Genesis with the ancient Sumerian text, Epic of Gilgamesh, many parallels suggest that the same type of spiritualRead MoreCompare Contrast Gilgamesh and Beowulf1426 Words   |  6 PagesComparison and Contrast Essay Final Draft: Gilgamesh vs. Beowulf The epics of Beowulf and Gilgamesh are about a pair of heroes who had many common characteristics as well as characteristics that contradict one another. Beowulf is a Christian epic that roots from the Anglo Saxon culture. Throughout the plot, there are numerous biblical allusions. â€Å"Grendel who haunted the moors, the wild Marshes, and made his home in a hell not hell but earth. He was spawned in that slime, conceived by a pair ofRead MoreEssay on Noahs Ark vs. Gilgamesh Epic1552 Words   |  7 PagesNoahs Ark vs. Gilgamesh Epic   Ã‚  Ã‚  Ã‚  Ã‚  The Gilgamesh Epic is an ancient Mesopotamian story about life and the suffering one must endure while alive. Included in the story, is a tale of a great flood that covered the earth, killing all but a select few of it’s inhabitants. This story of a great flood is common to most people, and has affected history in several ways. It’s presence in the Gilgamesh Epic has caused many people to search for evidence that a great flood actually happened. It has alsoRead MoreThe Between Humans And The Gods1515 Words   |  7 Pagesfocuses most of their tales on a man named Gilgamesh. A king who reigned over the Sumerian city-state of Uruk. He was two thirds a god and one third a man and created by the god’s themselves to guide humans. The relationship between humans and the gods was complicated, the Gods come off as very powerful and interfere with the lives of humans as they chose, For example ,when people complain about Gilgamesh being a ruler who does not treat his people well â€Å" Gilgamesh sounds the tocsin for his amusement Read MoreBiblical Vs. Classical Phenomenon2078 Words   |  9 PagesBiblical vs. Classical Phenomenon Throughout the semester, we have analyzed various texts that constitute some of the most important publications in the history of humankind. These myths and legends are known as the oldest in centuries and possibly the first sight of written text that humans have encountered. Dating back to the times of traditional oral-based stories, texts such as The Epic of Gilgamesh have given humankind a sense of emergence in the old times of script and literature. The EpicRead MoreReligion Vs Ramayana1528 Words   |  7 Pages The Ramayana is one of the world’s oldest religious epics, dating back to roughly 7,000 B.C. and only first being written down around 500 B.C. Compare this to the Bible, in which scholars believe that writing began for the Old Testament around 5,000 B.C. Both of these texts have been continually updated since their respective creations. Since the Ramayana was first only an oral story, it continually went through progressive changes, with its first written incarna tion taking place around 500 B.CRead More The Mythology of Star Wars Essay494 Words   |  2 Pageson Earth. Even as George Lucas has explained as the reason why he created Star Wars, I wanted to make a kids film that would strengthen contemporary mythology and introduce a kind of basic morality (Pollock I44). Introduction: Science Fiction Vs. Myth In 1977, George Lucas created a film that so inspired the public, its name is commonplace to, not just the United States, but several countries of the world. Spending over three years developing this tale, Lucas did what most people wouldnt

Frankenstein, By Mary Shelley - 1325 Words

I have been informed that you are pushing to remove the book Frankenstein by Mary Shelley from the school curriculum. I’ve decided to write to you and explain why I believe that you are misinformed, and in fact, why this is a huge importance to the students of today. Frankenstein is a classic which recounts the life and horrors of Victor Frankenstein, as told through a series of letters and narrations. His obsession with the natural world and science brings him to a state of mind which ultimately ends in the creation of his â€Å"monster†, that, in turn, destroys Victor and everything he holds dear. This book has been banned in the South African apartheid in 1995 for being â€Å"objectionable, obscene, and indecent,† along with other classical works as well. There was a large amount of controversy in the United States for it going against some people’s religion, as Victor could be seen as having God-like tendencies, for example, him creating life. I truly believe that Frankenstein should be kept on the shelves because this book is a prominent part of the modern world, even after 200 years, and it’s important to know where so much of today’s horror and sci-fi has taken it’s inspiration from, while simultaneously providing insightful lessons on morals and various themes, including creation, and the power of nature. To go into further detail, Frankenstein explores the theme of man vs. monster, and what it truly means to be human. Parts of the book are narrated by the nameless creatureShow MoreRelatedFrankenstein, By Mary Shelley1650 Words   |  7 Pagesbook of Frankenstein does one just think of a mythical science fiction book that really has no meaning? Frankenstein can have numerous meanings depending on how a person perceives it. Frankenstein can be analyzed into many themes; some say religion, feminism, or scientific symbolization, it all depends on ones own perception. When one analyzes further into Mary Shelly’s life and then interprets the novel it is obvious that is a sociological theme. One can simply assume that Mary Shelley creates FrankensteinRead MoreFrankenstein by Mary Shelley1093 Words   |  4 Pagesfaster than man can contend with. That argument is the premises, moral, and plot base for Mary Shelleys tale Frankenstein. On the other hand, J. Michael Bishops, essay Enem ies of Promise   on the other hand promotes and boast sciences achievements. However, Mary Shelley presents her point of view subtly yet very dramatically, which is much more effective than that of J. Michael Bishop. The dramatic story Shelley creates becomes a part of the reader, therefore holding the readers attention. ShelleysRead MoreMary Shelley Frankenstein859 Words   |  4 Pages Mary Shelley The Creature in Mary Shelley’s â€Å"Frankenstein or the Modern Prometheus† needs a companionship as every ordinary human. Every man needs a woman, who will able to share moments of happiness and sadness, a woman who will be able to share thoughts and of course a woman who will be able to love a man. In this case the Creature needs a bride. But the problem is that the Creature from the â€Å"Frankenstein or the Modern Prometheus† is not a human. SoRead MoreFrankenstein, by Mary Shelley1138 Words   |  5 PagesIs Frankenstein a man, whose ambition led to a disaster; or a monster, which created a life with disregard for the human race? Frankenstein, in my opinion, was the monster not the life that he had created. Frankenstein never admitted to his family what he had done, never admitted responsibility for his actions. He might as well have killed Elizabeth, William, Justine, and Clerval with his own hand. The so called â€Å"Monster† only wanted companionship; he did not want to murder those people. TheRead MoreFrankenstein, By Mary Shelley1580 Words   |  7 PagesFrankenstein by Mary Shelley is a sci-fi novel written during the Romantic Movement in Britain’s early nineteenth century. The movement was stimulated by the French Revolution, Industrial Revolution and in reaction against the emphasis on reason in eighteenth-century Enlightenment philosophy (The Romantic Movement, 2014). Mary Shelley’s husband, Percy Shelley was also a romantic poet during the movement. Shelley’s novel is evidently influenced by her relationship with her husband, which is illustratedRead MoreFrankenstein by Mary Shelley739 Words   |  3 Pagesinterconnections of humanity, nature, and divinity (â€Å"Romanticism 1†). English Romanticism being trendy in Europe, people would vent their outlooks onto their personal fiction works such as Mary Shelley. Shelley uses vivid creativity and romantic elements to create one of her admired novels, Franken stein. In Shelley’s novel, Frankenstein, most of the characters prove their compassion for mankind, prove their rejection of technology and science, and prove their involvement in a romantic quest. These several characteristicsRead MoreFrankenstein, By Mary Shelley1040 Words   |  5 Pages In 1818, a book titled Frankenstein was published anonymously, mysteriously dedicated to William Godwin, a prominent journalist and political philosopher of his time. The immediate reviews of the novel were mixed, most edging towards critical, although no one knew who the book was written by. However, while Frankenstein failed to gain popularity immediately, no one had any idea the lasting impact this novel would have on the world. Despite the lukewarm reception at its debut, it soon proved to beRead MoreFrankenstein, by Mary Shelley1078 Words   |  5 PagesMary Shelley’s Frankenstein has undoubtedly withstood the test of time. Frankenstein’s direct association with fundam ental Gothic literature is extremely renowned. However, the novel’s originality is derived from the foundational thematic values found within the relationship (or lack there of) between Victor Frankenstein and the monster he had created, in combination with a fascinatingly captivating plot. Understandably, Frankenstein can often be associated with a multitude of concepts; however,Read MoreFrankenstein, By Mary Shelley1532 Words   |  7 PagesLike any author, especially one who created a new genre, there will be criticism, and Shelley is no exception. Shelley received criticism surrounding Frankenstein not only because she was a female writer, but because of her writing style. Originally, Frankenstein was published anonymously and was thought that her husband, Percy Shelley, wrote it (â€Å"Mary Shelley Biography† 2016). Shelley may have published Frankenstein anonymously because â€Å"’women understood that they got a â€Å"better hearing† if it was th oughtRead MoreFrankenstein by Mary Shelley1223 Words   |  5 Pagesto have multiple narrators telling a story? In Mary Shelley’s gothic novel, Frankenstein, three main narrators tell the story about the creation of a monster and the events that follow. The job of narrator shifts between Robert Walton, Victor Frankenstein, and the monster that Victor creates. As each narrator shares his own recollection of the events that occurred, new facts are introduced to put the pieces of the puzzle together. Although Frankenstein uses multiple narrators to tell the story, it

Discussion on Restraints of Trade free essay sample

Law of Contract| A discussion on the Restraint of Trade|| Introduction Business owners in an attempt to protect the goodwill of their business will often include â€Å"Restraint of trade† provision in employment agreements, sale of business agreements etc. Thus, an agreement, which someone is restricted in his freedom to carry on his trade, profession, business or other economic activity, is generally called an agreement in restraint of trade. Having said that, this paper is directed towards a brief and critical discussion on the concept of restraint of trade in which parties may find themselves. It is based on a given scenario whereby the facts, the legal issues, legal principles, and application of the law to the facts would be discussed in the form of advice to Y jeopardise Facts The facts to the case are as follows: X an estate agents company, sought to restrain its former employee Y (who had worked very successfully for X for approximately 3years as an estate agent) from doing business on her own as an estate agent in the city of Windhoek. The restraint clause was in the form of a written contract of employment. The restraint contract prevented Y from being involved in any way whatsoever in an estate agency or any business which was the same or similar to X’s estate agents company. Y was limited as to geographic area within 65 kilometres from Windhoek General Post Office, which also includes six other municipalities for a period of 2 years following the termination of Y’S employment as an employee. Legal Issues * Is there a legitimate interest of the employer (X) that deserves protection at the termination of the employment agreement by Y? * Whether the restraint is reasonable or not? Whether the use of Y’s general skills and knowledge would be in breach of the restraint of trade agreement, which Y knowingly signed? * Is it legal to have restrain clause in an employment contract? * What is the longest period that it can be applied to? Discussion Legal principles: From a common law perspective, the employment contract is a contract concluded between two equal parties to t heir mutual benefit. Here, the employer and employee voluntarily negotiate a contract that regulates their relationship, and this contract sets out their respective rights and duties. Restraints in trade are commonly found in employment contracts whereby employees have a right in protecting themselves against competition from their employees during the employment relationship and after when the employment relationship is terminated for whatever reason. The objective of such a restrictive provision in the contract of employment is to limit the freedom of employees who would otherwise have to leave their employment and start a new business or work for another employer in competition with a former employer. The Appellate Division has described the objects and purpose of a restraint of trade clause as follows: â€Å"The legitimate object of a restraint is to protect the employer’s goodwill and customer connections (or trade secrets) and the restraint accordingly remains effective for a specified period (which must be reasonable) after the employment relationship has come to an end. The need for the protection exists therefore independently of the manner in which the contract of employment is terminated and even if this occurs in consequence of a breach by the employer. An employee has an obligation in an employment contract to protect confidential information and trade secrets. The employee also has a duty to serve the interests of the employers’ business and a duty to avoid conflicts of interests. Confidential information and trade secrets are dependent upon relevant circumstances. The mere fact that a trader chooses to categorise something secret or confidential does not per se make it so. The information concerned must have the necessary quality of confidence, eaning it must not be something of public knowledge. Employees may use general skills and knowledge gained during employment once they leave, even if their new employer benefits from such knowledge and skills. It is an implied term of every contract that an employee will not use confidential information for his own benefit or for the detriment of his or her employer. The principle of freedom of trade emphasises the right to work and therefore contracts that restricts a person’s right to exercise his chosen vocation are unreasonable. The principle of freedom to contract emphasises that parties should be free to enter into contracts that should be binding in accordance with the pacta servanda sunt principle in order that society may function properly. Restraint of Trade within the employment context is lawful as long as the extents of the limitation they impose is reasonable and are not against public policy. Societal concerns such as public interest are of essence in restraints of trade. If the restraint is to as restrictive of one of the parties as to conflict with public interest, it is then illegal and unenforceable. The burden of proof is on the party (Y) who alleges that the contract is in unreasonable restraint of trade and this question of fact in the scenario taking in account the circumstances at the time when enforcement is sought. In the case of Magna Alloys and Research (SA) (Pty) Ltd v Ellis it was found that sanctity of a contract had greater precedent and that undertakings in restraint of trade were prima facie valid and unforeseeable unless the party seeking to avoid its obligations could show that restraint of trade was contrary to public interest. Employers must also ensure that the duration of a restraint of trade is not excessively long and must have some connection with the period of the employees’ employment. The geographic demarcation must be reasonable and should have some connection with the area in which the employee will be operational. For the employee concerned, concluding a restraint of trade agreement on occasion has some form of financial advantage. The employee can be remunerated at a higher level during the course of employment or the employee can receive monetary compensation Common misconceptions in respect of restraint of trade * Restraint of trade agreements are no longer enforceable i (hereinafter referred to as the Constitution) which provides that every citizen have the right to choose their trade, occupation or profession freely. * A restraint of trade is only enforceable if the employee is paid a restraint payment * Clauses in an employment agreement protecting the employer’s confidential information, trade secrets, intellectual property, and preventing an employee from soliciting customers or fellow employees, are also restraints in trade. Employees within the organisation must be requested to sign a restraint of trade agreement * If the employer unlawfully or unfairly terminates your employment agreement, then the restraint of trade becomes unforceable. Application 0f the law to the facts X is allowed to insert a restraint of trade clause in Y’s contract of employment. The restraint of trade should however be reasonable, as it shou ld not be against public interest. Strangely, Restraint of Trade Agreements are not regulated in terms of labour legislation, although such agreements usually form part of the Contract of Employment. X required Y to sign a Restraint of Trade agreement cause X felt it was necessary to restrain Y or limit her in her employment activities should she leave the service of her employer X. With regard to Y wanting to start his own business, the law clearly makes provision in the sense that when an employee (Y) is brought into close contact with the customers of X in such a way that it enabled Y to establish personal relations with the customers. (Y) Chose to leave her employment, Y may be allowed to take away some customers from her former employer X. In the case of Roffey v Catterall , Edwards Goudre the law preferred the sanctity and freedom of contracts in the sense that the certain basic rights can only be effectively exercised if the particular person can freely conclude agreements. The courts are usually less likely upholding a restraint between an employee and employer, because an employee restraint is effectively preventing an employee from working in his or her chosen field. If the restraint were too restrictive on Y, then the restraint would be against public interest thus it might be declared as being illegal and unreasonable. In J Louw and Co (Pty) Ltd v Richter, 26 Didcott J stated that: â€Å"covenants in restraint of trade are valid. Like all other contractual stipulations, however, they are unenforceable when, and to the extent that, their enforcement would be contrary to public policy. It is against public policy to enforce a covenant, which is unreasonable, one, which unreasonably restricts the covenanter’s freedom to trade, or to work. Insofar as it has that effect, the covenant will not therefore be enforced. Whether it is indeed unreasonable must be determined with reference to the circumstances of the case. † This requirement arose where the X needed to protect his economic interests, trade secrets, secret formulas, price lists, customer database information, and so on. In other words, he needed to take certain action to ensure that such information will not fall into the hands of a competitor, should Y leave his service and take up employment with a competitor or start his own business. By analysing X’s intention one is able to pin-point out that X’s restriction is intended to exclude competition from Y as there are already over 20 other businesses that are already operating as estate agents in Windhoek. It usually takes 2-3 months to sell a house in Windhoek. Thus X is not really protecting his legitimate interest, thus it is also against the public interest. With regard to the geographic condition laid out in the clause, it is unreasonable for X to enforce such a restraint on Y. The operation of the restraint in the area of 65 kilometres from Windhoek General Post Office covers six other municipalities. The other six municipalities are not in connection with the area that the X operates in, thus it is unreasonable for X wanting to apply the clause on Y. The duration of the restraint of trade must not be overly long and must have some connection with the period of the connection with the period of the employee’s employment. This period will not be allowed to exceed 2 years. The restraint with regard to Y is for two years upon termination of Y’s employment from X and Y has worked for X for approximately 3 years. Thus, the period is reasonable, as the restraint is less than the number of years Y worked for X. Conclusion In conclusion, in accordance to the law that people are free to trade and conclude contracts Y is therefore allowed to contract or start up her business or perform the occupation of despite it being in competition with her former employer, X. Allowing the restraint will prevent Y from performing her will of trade . Therefore, that Y is free to contract with whomever and whenever after the lapsing of his contract with his former employer, X. References Articles * Deloitte and Touche. Common Misconceptions about Restraints of Trade. 2004 Books * Basic Principles of Law A2vb. Institute of South Africa * Deeksha Bhana. 2007. Students guide to the law of contract. Juta Co. Cape Town, South Africa * Van der Merwe. 2007. Contract General Principles 3rd Edition. Juta Co, Ltd. Cape Town, South Africa . Case Law * J Louw Co ( Pty) Ltd v Richter. 243 * Magna Alloys Research ( SA) Pty Ltd v Ellis 1984 (4) SA 8861 * Reeves v Marfield Insurance Brokers CC 1996 (3) SA * Roffey v Catletral l, Edwards Goudre 1977 (4) 494 (N) 505F * Sunshine Records (Pty) Ltd v Froling 1990 (4) SA 782 1 ]. Van der Merwe p212 [ 2 ]. Van der Merwe p212 213 [ 3 ]. Reeves v Marfield Insurance Brokers CC 1996 (3) SA 766 (A) 772 [ 4 ]. Law of Contract Study guide p102 [ 5 ]. Basic Principles of law A2vb. Institute of Bankers in South Africa p72 [ 6 ]. 1984(4) SA 874 (A) 894 [ 7 ]. Sunshine Records ( Pty) Ltd v Froling 1990 (4) SA 782 [ 8 ]. Deloitte Touche Legal. Common Misconceptions about Restraints of Trade. 2004 [ 9 ]. 1977 (4) 494 ( N) 505F [ 10 ]. Magna Alloys Research (SA) (Pt y) Ltd v Ellis 1984 (4) SA 8861 [ 11 ]. J Louw and Co (Pty) Ltd v Richter 243

Public funding of the arts Essay Example For Students

Public funding of the arts Essay If art is publicly funded, censorship should be allowed. Artists should be allowed to create anything their heart desires even if it offends people however, if their art is being funded by a public source the first amendment should no longer apply and the art should be created in a way that the general society sees fit and is not offended by. This is a matter of great debate and one of the biggest issues is who decides if the art is appropriate. The united States Government is by no means required to use tax payer money to fund the expression Of the arts, but once the government funds a program they are not allowed to withdraw funding if they disagree With the art being shown. This rule essentially bans the government from applying any censors on the art shown in these programs. Basically once the government decides to fund a program of the arts they are required to stand by their decision under U. S. Law. Also the government is not allowed to push their viewpoints onto biblically funded programs. As stated by the National Coalition Against Censorship, public funding for the arts does not low the government to play the role of censor. (Kenilworth). Prohibiting the government to make any sort of decision of the art they fund is a flawed system and there needs to be some sort of retort such as having elected members of a committee determine which art is appropriate, but also have a set of checks and balances in place to prevent corruption It is true that if the government does not like certain pieces of art they have no obligation to fund it in the first place, but once a program gets backed by the government basically has free reign to Penn the tax payers money however they want. This can turn into a very large issue. For example, in 1989 protests erupted over an exhibit in which an artist who Vass receiving money from the government displayed a piece of art in which he submerged Jesus Christ on a Crucifix in his own urine. The aptly named Pips Christ was one of many disgusting and sometimes disturbing pieces that went under review in a 1989 Supreme Court case. (Squiggly). In this court case the government attempted to completely cut funding for the National Endowment or the Arts if they continued to allow pornographic material or material that is shocking by any standards to be paid for by tax payer money. A bill was ultimately passed that banned NEE funding for materials that may be considered obscene. This was a huge improvement in an otherwise unrestrictive and very controversial program for decades. However, this bill does not guarantee that obscene material will not get funded. As many artists find loopholes by claiming their work has artistic value, Although the government has made great strides in stringing pay for shocking material, somebody always finds a way to have their vulgar and disgusting material funded, There is great debate on how to define their work as having no artistic value. The Miller Test, Created after a supreme court case in 1971 has a three pronged system that tries to classify which art should be prohibited. Whether the average person, applying contemporary community standards (not national standards, as some prior tests required), would find that the work, taken as a whole, appeals to the prurient interest; whether the work depicts or describes, in a patently offensive way, sexual conduct or excretory functions specifically defined by applicable state law; whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value (Miller V. .ue5f6c73c08e1ca07d4b982e3d059b904 , .ue5f6c73c08e1ca07d4b982e3d059b904 .postImageUrl , .ue5f6c73c08e1ca07d4b982e3d059b904 .centered-text-area { min-height: 80px; position: relative; } .ue5f6c73c08e1ca07d4b982e3d059b904 , .ue5f6c73c08e1ca07d4b982e3d059b904:hover , .ue5f6c73c08e1ca07d4b982e3d059b904:visited , .ue5f6c73c08e1ca07d4b982e3d059b904:active { border:0!important; } .ue5f6c73c08e1ca07d4b982e3d059b904 .clearfix:after { content: ""; display: table; clear: both; } .ue5f6c73c08e1ca07d4b982e3d059b904 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .ue5f6c73c08e1ca07d4b982e3d059b904:active , .ue5f6c73c08e1ca07d4b982e3d059b904:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .ue5f6c73c08e1ca07d4b982e3d059b904 .centered-text-area { width: 100%; position: relative ; } .ue5f6c73c08e1ca07d4b982e3d059b904 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .ue5f6c73c08e1ca07d4b982e3d059b904 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .ue5f6c73c08e1ca07d4b982e3d059b904 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .ue5f6c73c08e1ca07d4b982e3d059b904:hover .ctaButton { background-color: #34495E!important; } .ue5f6c73c08e1ca07d4b982e3d059b904 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .ue5f6c73c08e1ca07d4b982e3d059b904 .ue5f6c73c08e1ca07d4b982e3d059b904-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .ue5f6c73c08e1ca07d4b982e3d059b904:after { content: ""; display: block; clear: both; } READ: The human race has advanced over many years, and during this time, moral standards have developed EssayCalifornia). This System has successfully made it easier to prevent shocking or pornographic material from being biblically funded and although it has its flaws it has not only saved the taxpayers paying for this material, it has also made the definition of obscene art a little less vague. The debate on Whether or not the government is allowed to censor art is an ongoing one, but it is safe to say that the majority of tax payers do not want to see their money wasted on things such as Pips Jesus. Ultimately what deems a piece of art to be classified as too obscene or shocking is a matter of opinion and that is exactly why this problem will arise in the future. Common sense should be the deciding factor, if general society protests a piece of art or the art is made just for the purpose of pushing the boundaries of the law it should not be funded by the government.