The Great Gatsby By F. Scott Fitzgerald - 992 Words

The Jazz Age was a period of great economic, social, and political change happening in the 1920’s. The Great Gatsby by F. Scott Fitzgerald, however, sees in this a time of boundaryless death, and urban decimation. The Great Gatsby is modeled towards the death of the American dream during the 1920’s. Based on the happening of the 1920’s, this model is certainly reasonable. F. Scott Fitzgerald and The Great Gatsby use the motifs of materialism, carelessness, and decay seen in the 1920’s in order to show a decimation of the American Dream, and the human race. Throughout The Great Gatsby it is very easy to recognize how the time period affected the author s point of view, one of the motifs that is affected by the time period is materialism. During the 1920’s the view of money shifted from a common commodity to a necessity that is only available to the gifted, or to criminals. A race for money caused people to move to cities, spend more time at their job s, and overall become less human (The Roaring Twenties). A materialist society quickly ensued, which F. Scott Fitzgerald points to in The Great Gatsby. â€Å"My house looks well, doesn’t it?† (89). Gatsby seeks the approval of Tom and Daisy for his over-emasculate house. He is actively attempting to buy his way into a social class and a way of life. Gatsby believes that money can buy him love in the form of Daisy, the same way that 1920’s city-workers believed that money could buy them happiness. George Wilson believes money canShow MoreRelatedThe Great Gatsby by F. Scott Fitzgerald1393 Words   |  6 PagesF. Scott Fitzgerald was the model of the American image in the nineteen twenties. He had wealth, fame, a beautiful wife, and an adorable daughter; all seemed perfect. Beneath the gilded faà §ade, however, was an author who struggled with domestic and physical difficulties that plagued his personal life and career throughout its short span. This author help ed to launch the theme that is so prevalent in his work; the human instinct to yearn for more, into the forefront of American literature, where itRead MoreThe Great Gatsby By F. Scott Fitzgerald1343 Words   |  6 PagesHonors English 10 Shugart 18 Decemeber 2014 The Great Gatsby F. Scott Fitzgerald s 1925 novel The Great Gatsby is a tragic love story, a mystery, and a social commentary on American life. The Great Gatsby is about the lives of four wealthy characters observed by the narrator, Nick Carroway. Throughout the novel a mysterious man named Jay Gatsby throws immaculate parties every Saturday night in hope to impress his lost lover, Daisy Buchanan. Gatsby lives in a mansion on West Egg across from DaisyRead MoreThe Great Gatsby By F. Scott Fitzgerald1155 Words   |  5 PagesThe Great Gatsby The Jazz Age was an era where everything and anything seemed possible. It started with the beginning of a new age with America coming out of World War I as the most powerful nation in the world (Novel reflections on, 2007). As a result, the nation soon faced a culture-shock of material prosperity during the 1920’s. Also known as the â€Å"roaring twenties†, it was a time where life consisted of prodigality and extravagant parties. Writing based on his personal experiences, author F. ScottRead MoreThe Great Gatsby By F. Scott Fitzgerald1166 Words   |  5 Pagesin the Haze F. Scott Fitzgerald lived in a time that was characterized by an unbelievable lack of substance. After the tragedy and horrors of WWI, people were focused on anything that they could that would distract from the emptiness that had swallowed them. Tangible greed tied with extreme materialism left many, by the end of this time period, disenchanted. The usage of the literary theories of both Biographical and Historical lenses provide a unique interpretation of the Great Gatsby centered aroundRead MoreThe Great Gatsby by F. Scott Fitzgerald845 Words   |  3 PagesIn F. Scott Fitzgerald’s novel, The Great Gatsby, colors represent a variety of symbols that relate back to the American Dream. The dream of being pure, innocent and perfect is frequently associated with the reality of corruption, violence, and affairs. Gatsby’s desire for achieving the American Dream is sought for through corruption (Schneider). The American Dream in the 1920s was perceived as a desire of w ealth and social standings. Social class is represented through the East Egg, the WestRead MoreThe Great Gatsby By F. Scott Fitzgerald Essay970 Words   |  4 Pagesrespecting and valuing Fitzgerald work in the twenty-first century? Fitzgerald had a hard time to profiting from his writing, but he was not successful after his first novel. There are three major point of this essay are: the background history of Fitzgerald life, the comparisons between Fitzgerald and the Gatsby from his number one book in America The Great Gatsby, and the Fitzgerald got influences of behind the writing and being a writer. From childhood to adulthood, Fitzgerald faced many good andRead MoreThe Great Gatsby By F. Scott Fitzgerald2099 Words   |  9 Pagesauthor to mirror his life in his book. In his previous novels F. Scott Fitzgerald drew from his life experiences. He said that his next novel, The Great Gatsby, would be different. He said, â€Å"In my new novel I’m thrown directly on purely creative work† (F. Scott Fitzgerald). He did not realize or did not want it to appear that he was taking his own story and intertwining it within his new novel. In The Great Gatsby, by F. Scott Fitzgerald, he imitates his lifestyle through the Buchanan family to demonstrateRead MoreThe Great Gatsby By F. Scott Fitzgerald1607 Words   |  7 Pages The Great Gatsby is an American novel written in 1925 by F. Scott Fitzgerald. One of the themes of the book is the American Dream. The American Dream is an idea in which Americans believe through hard work they can achieve success and prosperity in the free world. In F. Scott Fitzgerald s novel, The Great Gatsby, the American Dream leads to popularity, extreme jealousy and false happiness. Jay Gatsby’s recent fortune and wealthiness helped him earn a high social position and become one of the mostRead MoreThe Great Gatsby By F. Scott Fitzgerald1592 Words   |  7 PagesMcGowan English 11A, Period 4 9 January 2014 The Great Gatsby Individuals who approach life with an optimistic mindset generally have their goals established as their main priority. Driven by ambition, they are determined to fulfill their desires; without reluctance. These strong-minded individuals refuse to be influenced by negative reinforcements, and rely on hope in order to achieve their dreams. As a man of persistence, the wealthy Jay Gatsby continuously strives to reclaim the love of hisRead MoreThe Great Gatsby By F. Scott Fitzgerald1646 Words   |  7 PagesThe 1920s witnessed the death of the American Dream, a message immortalized in F. Scott Fitzgerald’s The Great Gatsby. Initially, the American Dream represented the outcome of American ideals, that everyone has the freedom and opportunity to achieve their dreams provided they perform honest hard work. During the 1920s, the United States experienced massive economic prosperity making the American Dream seem alive and strong. However, in Fitzgerald’s eyes, the new Am erican culture build around that

How to Write an Exemplification Essay - an Overview

How to Write an Exemplification Essay - an Overview There are a large range of suggestions to consider on all kinds of topics, so choose one that best interests you. Professor Xavier is somebody who rises above other mutants in regard to the accomplishments. There are a few exemplification essay topics for college students you might adopt but of course not all of these will be applicable for your undertaking. There are a number of exemplification essay topics for college students which you could adopt but, needless to say, not all them will be applicable to your undertaking. The Foolproof How to Write an Exemplification Essay Strategy Nevertheless, there's nothing to be worried about. The inexperienced writers often earn a mistake concerning coming up with the right introduction in conditions of format and content. Deciding on a mate is thought to be a significant task in the animal world. Additionally, you must adhere to a logical path without jumping from 1 fact to anothe r. The Argument About How to Write an Exemplification Essay Prior to starting on your paragraphs, you will initially have to make an outline that's going to play an important role in the way you compose the essay. Therefore, many students and employees decide to get low-cost essay rather than writing it themselves. Having to compose an exemplification essay sounds like quite an elaborate job, but it isn't as hard as most students imagine. Understanding how to begin the body paragraphs will allow you to write a productive exemplification essay. The Basic Facts of How to Write an Exemplification Essay An excellent hook for an exemplification essay is one which is sure to grab the readers attention. An argumentative essay is apparently a more appropriate and easier approach to show your standpoint. Instead, a writer can always do a little planning as a way to develop an essay. In essence, he should not be looking to persuade the reader with a topic. The Fight Against How to Write an Exemplification Essay For the reason, you wish to present a concluding section that will attract all your potential readers. At length, you should compose a superb thesis statement that will present your stance and briefly articulate your key arguments. The very first sentence of a paragraph, also called a topic sentence, will state the major idea contained throughout that special paragraph. To put it differently, it should have no appropriate answer but rather two opposing views, which enables a student to have a position. New Questions About How to Write an Exemplification Essay The order you decide on will depend heavily on your topic along with the examples you opted to prove your thesis statement. Normally, great examples will demand a paragraph or more of development. To be able to compose the essay with clarity you are going to want to begin the piece with a strong introduction. If you understand how to write essay pieces using the exemplification techniques, you need to have no issue organizing your examples. The Nuiances of How to Write an Exemplification Essay The cost of an essay depends upon the total amount of effort the writer has to exert. It is suggested to look for the one which has a very good reputation and offers high-quality papers at very affordable rates. There are a lot of things to consider and most importantly, is the trustworthiness of the service you decide to use. Additionally, a customer may ask the writer to submit part of the job for review and, if needed, ask them to make corrections. Citations and extracts from assorted sources have to be formatted properly. Rather than using scholarly sources to support the major point, the author uses examples. All the info should be shown smoothly and logically. Second, you have to settle on a topic that has much available data connected with that. How to Write an Exemplification Essay Options Decide what kind of essay that you want to write. Now you are reque sted to compose an exemplification essay and you aren't sure which way to take it. An exemplification essay is a sort of argumentative essay that delivers specific examples to prove a point. It is a type of argumentative essay. Most importantly, you have to place your readers at the middle of your essay. Don't worry, even if it's still true that you don't understand what the central idea of your essay is, you always have the option to change your thesis later on. The introduction is just one of the essential elements of the essay, as it creates the very first impression needed to keep the interest over the plan of the essay. The process of producing an essay outline is essential for practically any exemplification essay. The Hidden Truth on How to Write an Exemplification Essay Down below, you'll locate a comprehensive description of every one of the four stages of the writing process. The writing procedure is much easier whenever you have a great plan. Then comes the procedure for writing. The procedure for writing an exemplification essay comprises the preparation practice. A definition essay intends to explain a topic or idea through the usage of supporting examples. You ought not begin prepar ing your exemplification essay right after obtaining a topic. Now, whenever you have come with the topics for exemplification essay and decided what you'd write about, it is the correct time to start! If finding an appropriate topic for your exemplification essay is merely the start of your problems, there's a way to make them go away. Whispered How to Write an Exemplification Essay Secrets It's true, you can attract readers' feelings and tell your own personal stories. Likewise the maternal instinct of a woman can likewise be so strong that she's prepared to sacrifice even her life for the interest of her son or daughter. Then, the author jots down the many causes for home robberies surrounding the most important cause. For this reason, you should think about a different writer with a larger collection of legacy so you could gather facts and offer examples of their works. What all you will need is getting the assistance from a specialist and EssaysChief is going to be th e expert that you seek out. You can trust the ideal essay help online. Our website is just one of the most appropriate for essay help. Our site features custom writing help and editing help. Writing quality essays is the principal purpose of our services. Rather, you'll be showing by example. You may add any info you like whether it makes your sections complete and important. You ought to avoid including irrelevant details.

CDA Sample free essay sample

One of my goals is to make sure that everything is safe for the children both in-door and out-doors. To accomplish this I check on a daily basis for broken toys and any equipment in the class that is not working. When we go outside to the playground I make sure that all the equipment used is secure and does not have any sharp edges or rusted parts. This is to avoid any lacerations and prevent potential injuries. I also talk with the children about all the safety procedures that need to be obeyed in school. For example, while in the classroom, one of the rules is that children need to respect each other and that no rough play is allowed. Another safety procedure is for the children to learn what to do in the case of emergency. A fire drill is practiced various times during the year so that the children are prepared for any emergency. Healthy Goal : Provide a clean, healthy environment that meets each child’s needs Model and practice healthy habits with my children Teach children about health care and good nutrition Health is a key subject in my class. I first make sure that every day all the tables and chairs are clean. I make sure that the bathroom has toilet paper and soap. We teach the children that they need to wipe their hands with soap and water before they eat and after they come from any outside activity. I also teach the children the importance of being clean, of taking a shower every day, of brushing your teeth, keeping your hands outside of your mouth and also about germs. We also teach them about the consequences that can happen for not keeping a healthy environment. Another key component is the importance of having a balance diet. I teach the kids that the body needs vegetables, greens, cereals and other foods to keep healthy. I teach the children that it is important for them to have fun and do a daily exercise. If any of the children is sick we separate him/ her from the rest of them to avoid contact. We also proceed to contact the nurse to help determine if the child needs to be picked up. If the child is not picked up and has to stay in the classroom we make sure to monitor him during the day, which includes checking for any fatigue, fever or any unusual behavior. Learning Environment: Goals: To provide a wide variety of developmentally appropriate materials to meet the needs and interests of the children To arrange the classroom into learning centers and work with children in individually and in groups Plan different activities so the children can learn and many ways What I think is important for the Learning Environment is an age appropriate and easy to follow routine. In that routine I make sure that it’s interesting for the children, enjoyable, and most importantly that they learn on a daily basis via repetition. The routine starts with the rules of the class which teaches the kids how to respect each other, follow directions and what the teacher expects from them throughout the day. Next, we have a circle time in which we learn the letter of the week, the number of the week and the subject (i. e. Weather or manners). After that we have our center time where the children learn how to take turns, how to share with friends and also encourage them to use proper manners (i. e. saying please, thank you, waiting for your turn). The most important thing for me is my classroom setup. I make sure that everything in the class has a learning purpose involved. For example, I make sure that we have examples of numbers, letters, puzzles and other activities that support the objectives for the week. I believe that the learning environment needs to be entertaining so that the children are not easily distracted. I try to incorporate practical exercises into the teaching environment, like taking the children outside and making them partake in easy experiments. I also like to invite teachers or experts from other classes to make a presentation on different subjects. Physical Goal: Provide a variety of equipment, activities and opportunities to promote physical development To encourage to use both gross and fine motor skills To introduce exercise as a self-esteem builder One of my goals is to have activities planned that will help develop the physical level of the students. Every day, during the morning, we dedicate a five minute period for exercising. In these five minutes the kids are taught the importance of stretching and breathing properly. The students are also taught the importance of eating the right food and doing exercise on a daily basis. I also prepare outside games with the class which involve some level of strategy, team effort, and require physical development. Providing the proper equipment can make free play a very good way to achieve this advancement. Cognitive Goal: Provide opportunities for children to begin to understand cause and effect Create an environment that encourages them to explore, develop confidence and knowledge Encourage children to talk about their experiences I provide different activities to develop different learning styles for the children. The class is divided into different centers. The science center is setup to learn about different subjects such as the life of an animal, how water changes into different forms, and also to learn how stuff works. This science center is done once a week so that the kids are exposed to different areas on a weekly basis. Another center is the building center which is equipped with different types of blocks. The children are asked to use their imagination to create different shapes and use different structures to build houses, rockets and other things. In all these centers we also emphasize that each child needs to respect each other, learn how to take turns, listen to each other and learn how to resolve their own problems. Communication Goals: Provide activities to encourage listening and comprehnsive skills Encourage everyday communication to enhance their vocabulary Listen attentively to children and try to understand them and help them to communicate In my class we teach that communicating with each other is very important. We encourage the child to communicate their feelings and thoughts by different forms of expression. One of the things I like to do in class is practice Show and Tell. This activity is performed on a weekly basis and each child is asked to bring an item from home that is related with the letter of the week. Each child must present to the rest of the class and talk about the item they brought from home. This exercise promotes the children communication skills as they gain confidence in speaking in front of a class and learn to express their thoughts to others. Show and Tell is done on a weekly basis and each child is given asked a set of questions to assist them in the presentation. Another key aspect under communication is to assess the different levels of preparedness between the children and be able to identify if any speech or hearing impairments exist. If any concern is identified these are communicated to the parent for consideration along with a potential solution. Finally, in the classroom, I ensure that most items are properly labeled with both the word and picture of the object. This promotes visual communication and helps retention by association with pictures. Also, a small collection of books is available to the children, from which one is picked on a daily basis to be read as part of the classroom activities. Creativity Goal: To encourage the children to try new different activities To provide opportunities that stimulate children express their creativity To give the children the opportunity to use different materials to express themselves In our class we provide different types of toys to promote children creativity. We have an area designated as the art space where the children are allowed to use materials such as paintbrushes, glue, stickers and coloring paint. The children use these materials to make different projects that are later sent back to the parents and/ or displayed in the classroom. In the different projects the children are taught various techniques for coloring, cutting and putting stuff together. Once these techniques are taught, the children are left with an open canvass to use their creativity to create something. We also have a monthly family project, which is sent home to the family and requires the participation of all to complete. This promotes creativity outside the workplace and helps associate and attract school activity with the family. Another method used to promote creativity is teaching children alternative solution techniques to a single problem. The children are presented with a simple problem that could have many solutions and are asked to explain how they would resolve each problem. They are also asked to complete unfinished sentences or stories with the use of their imagination. To accomplish a round table is setup in form of a dialogue in which the kids are asked to provide their opinion on how a story should end or to fill in the blank by saying what best completes an idea. Self Goal: To encourage the children to practice self-help skills To treat each child as an individual to know his/her own strengths Provide physical and emotional security for each child and help them accept and take pride in himself or herself In class we spend some time talking about each one of the children so that they first get to know each other and help them understand that they are all unique and different. We like to emphasize the positive qualities of each child and make them known to the rest of the class so that they all feel special and part of the class. In one of the walls in the class we have a picture of the child family and we ask each child to tell us about the picture and what is special about their family. We consistently praise the children for work done on their own and promote and environment where they are able to accomplish things by themselves. For example, the water fountain, cubbies and different resources are all set at their height so that they are able to perform simple tasks on their own. Finally, all good deeds are strongly praised, which promotes a healthy social environment and the desire of the class to do positive works. The good behavior is rewarded with a weekly treasure chest, in which the kids have the opportunity to pick an item from the chest and show it to the rest of the class. As a teacher, we remind them why they are going to the treasure chest and tell them to keep up the good work. Social Goal: To help each child to feel accepted in the group. To encourage children to express their feelings To encourage children to comfort and help one another At our school it is important for children to learn to get along with each other and also with the teachers and with students from other grades. This type of development starts with example from the teachers in the class. Each teacher is treated with respect and no arguing, yelling or discussions are accepted in front of the children. We also make sure that everyone gets along with each other by making the children talk and interact amongst them, weather this be inside or outside the classroom. Games are setup so that participation of all children is required and all opinions and ideas are respected. We encourage the proper behavior in class by having a daily reward chart, where the child is awarded a daily sticker for good behavior. We also have the class rules on the board, along with the consequences, which are read every day to remind the children of the behavior that is expected. Some of the rules are no yelling, no hitting, no fighting and no arguments. If an argument arises between two children, then these are immediately separated and a conversation is promoted between them with the teacher as a mediator. The ultimate goal is to have them learn to respect each other and teach them to get along. During the week we also talk about different types of feelings, such as mad, glad and sad and what are the things to do if you find yourself with a bad feeling. The children are also observed to see any signs of depression or anger that might require additional expert assistance. Guidance Goals: To build a trusting and comforting relationship with each child To encourage children to solve their own differences To provide a learning environment with appropriate and acceptable behaviors as individuals and as a group One of the key aspects in guidance is that both the child and the parent know what is the lesson plan and activities that will be done on a daily and weekly basis. A schedule is sent out to the parents so that they are aware of the activities done and so that they can reinforce the lessons learned at home. The children are also told on a daily basis what the schedule of the day will be and what are the expected learning outcomes from the different activities. The schedules are planned to be part of a routine, so that the child feels comfortable with the class setting and can adapt to the different methods used. For example, a daily song might be sung about the alphabet, which later might be followed by a story, and finally a time for centers is allowed. Guidance also is taught in order to resolve different practical exercise’s and even conflicts. In class, children are guided and suggested to provide answers in order to start developing their own thought process. Also, guidance is taught by preparing step by step process for the different activities that the children can easily follow. Repetition of directions is key at this age so that the kids learn what is expected from them when preparing different projects or assingments. Families Goal: To maintain an open, friendly and cooperative relationship with each child’s family To establish opportunities for parents, and family members to be involve in the children activities It is important for us to have a good relationship with each parent. At the beginning of the year we start with an open house, before classes officially start, so that the parents can see where the child will be attending and so that they are familiarized with the classroom setting. We provide all the information required to the parent like the schedule of daily activities for the week. We hold three mandatory conferences during the year (one each trimester) to provide the parent feedback on the child development. In these conferences we discuss the child’s development, strengths and address any areas of concern. I give my information to the parents so that they can contact me with any concerns or if they require any information regarding the school activity. Parents are welcomed to volunteer during the year and are signed up to participate in different activities. We also have different programs that parents are welcomed to join and participate. For example, the thanksgiving lunch, the Christmas show and other events. In the child’s birthday the parents are welcomed to partake in that day and share with the child the day in class. I believe that the children education is a joint effort between the teacher and the child’s family. We always maintain confidentiality about children and their family. All records are kept in the school office and off limits except to authorized staff and management. We are always conscience of any issues in the family that maybe affecting the child’s behavior at school. We promote communication and offer assistance to any family going through any difficulty. Family projects are planned during the year so that both the child and the family partake and share the activity. This promotes and involves the parent into the child’s work and helps them also assess the strengths and weakness of each children. It also helps combine and reinforce the teaching done at school back to the home. Program Management Goal: To establish a clear understanding of the program To implement procedures to help children to make a smooth transition from one group to another We start with the curriculum called the Letter People that is really good for the pre-k age. The curriculum teaches the children the letter of the week using different themes an styles. In class we get together with all the grade level teachers on a weekly basis to put together the curriculum for the following week. In this age it is very important to have a cutting, paste and tracing activity every week to promote motor skills in each child. What I like about these meetings is that we share best practices and ways to implement new teaching methods that each teacher has experienced. All projects are planned ahead of time to ensure that all materials are available and that each child understands perfectly what to do. The classroom setup is changed each quarter to keep it interesting for the children. The changes revolve around the different holidays or seasons in the year. We also plan so that one week in a two month period is dedicated to reviewing previous material and to reinforce any problems that the class or student might have (Practicing a letter or number). All of the children documentation is kept up to date. This includes all medical forms, parent- teacher meetings and any other document related to the children education. The office also keeps us informed of any changes to a particular procedure or if a new responsibility is required. I understand that not all children learn the same and that is why we separate them into different groups according to a continuous assessment of their learning. Children that have mastered learning quicker and put in different groups than those that are still learning a skill. This allows to separate any issues and help keep all of the class motivated at each children own developmental speed. Professionalism Goal: To continue my education in the early childhood field To ensure a well-run, program responsive to participants needs To be a competent organizer, planner, record keeper, and a cooperative co-worker There are many ways in which I show my professionalism. I really enjoy working with children so I always demonstrate a positive attitude in the class. I try to always be involved in every activity even if it’s a mess one. I talk to the teachers about different topics and I try to listen to them and give my best to each one of them. I also have three children at home and I try to treat the students the same way as I treat my kids, which is the uttermost respect, love and care. As a professional continue to participate in any training that the school offers so that I can bring the latest techniques and methods back to the classroom. Also, as a professional I strive to have work prepared for each class with examples and different teaching methods. I also make an effort to understand each child’s strength and see what the areas of greatest opportunity are for each child. In my lessons plan every week I try new learning activities and methods. I encourage the child to explore each learning center in the classroom. Our centers are manipulative, science, blocks, art and computers that the children rotate during the week. We have jobs assigned to the children each week like the calendar helper, the teacher helper, door holder and line leader. All children will have the opportunity to have each of the jobs during the year. A lesson plan will be post to the parents to be viewed each week. At the end of the day there is a daily event note posted on the door to let each parent view what was the activity of the day.

Law and Morality free essay sample

The state has power to legislate morality in order to protect itself against behaviors that may disintegrate society and its institutions Society â€Å"means a community of ideas; without shared ideas on politics, morals, and ethics no society can exist† (Devlin, 10). ? Devlin appealed to the idea of societys moral fabric. He argued that the criminal law must respect and reinforce the moral norms of society in order to keep social order from unravelling. Society’s morality is a crucial, if not the crucial, element that holds it together Societies disintegrate from within more frequently than they are broken up by external pressures. There is disintegration when no common morality is observed and history shows that the loosening of moral bonds is often the first stage of disintegration, so that society is justified in taking the same steps to preserve its moral code as it does to preserve its government the suppression of vice is as much the laws business as the suppression of subversive activities. We will write a custom essay sample on Law and Morality or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Devlin, The Enforcement of Morals 36 (1959) A society is entitled to enforce its morality in order to preserve its distinctive communal values and way of life HART: Hart critiques Lord Devlin’s first argument by challenging his conception of society â€Å"*He has+ a confused definition of what a society is† (Hart (1962) chapter 82). ? Attack against the Moderate/ Disintegration Thesis ? Hart argues that decriminalizing behavior, which has previously been viewed as immoral behavior, is not necessarily a threat to the society’s long-term cohesion or existence. Aappears to move from the acceptable proposition that some shared morality is essential to the existence of any society to the unacceptable proposition that a society is identical with its morality as that is at any given moment of its history, so that a change in its morality is tantamount to the destruction of a society. (Hart 51-52. Italics in original. ) ? The moderate thesis implies factual claims of the disintegration of society for which Devlin did not provide, and (in Harts view) could not have provided, substantial empirical support. I do not assert that any deviation from a society? s shared morality threatens its existence any more than I assert that any subversive activity threatens its existence. I assert that they are both activities which are capable in their nature of threatening the existence of society so that neither can be put beyond the law . I would venture to assert, for example, that you cannot have a game without rules and that if there were no rules there would be no game. If I am asked whether that means that the game is „identical? With the rules, I would be willing for the question to be answered either way in the belief that the answer would lead to nowhere. If I am 1 (Hart’s term H. L. A. Hart, Social Solidarity and the Enforcement of Morality, The University of Chicago Law Review 35 (1976), pp 1-13]. ) asked whether a change in the rules means that one game has disappeared and another has taken its place, I would reply probably not, but that it would depend on the extent of the change. (Devlin, Morals 37). ? Lord Devlin does not then think that this power should be exercised against every single kind and act of immorality. Society should exercise this power only when the moral sensibility of the majority regarding a given immoral activity rises to the level of profound â€Å"intolerance, indignation, and disgust† (Devlin, Morals 17) ? DWORKIN: If society should not legislate against all immorality, because not all immoral activities and acts endanger its existence, then what standards for evidence and action will be used to justify society’s right to enforce its morality in any given case? The threshold criterion that Lord Devlin offers is public outrage, so it comes out that nothing more than passionate public disapproval is necessary after all!? Attack against the Extreme/ Conservative Thesis Hart rejected the extreme thesis on the ground that it potentially justified legal enforcement of moral values, regardless of their content, simply because they were widely held. Such restrictions restrict society from evolving naturally in terms of its citizens’ moral beliefs practices. ? Devlin? s approach of incorporating moral values into the law â€Å"regardless of content, simply because they were widely held† places â€Å"an unjustified brake on changes. The content of moral legislation should be determined by what he terms â€Å"public morality†. ? This is not merely the majority position that could be determined by a public opinion poll. Public morality is the view held by the â€Å"reasonable man† /â€Å"right-minded man† ? What is acceptable to the ordinary man, the man in the jury box, who might also be called the reasonable man or the right minded man Devlin The Enforcement of Morals 38 (1959) Devlin chose the man in the jury box because. The verdict of a jury (12 men and women) must be unanimous (at the time he was writing) b) The jury will only reach its verdict after the issue has been fully examined and deliberated. c) The jury box is the place where the ordinary persons conception of morality is enforced. ? Elsewhere his comments suggest that the content of public morality can be identified by some kind of moral intuition ? It is the power of a common sense and not the power of reason that is behind the judgments of society†¦There is, for example, a general abhorrence of homosexuality. We should ask ourselves in the first instance whether, looking at it calmly and dispassionately, we regard it as a vice so abominable that its mere presence is an offence. If that is the genuine feeling of the society in which we live, I do not see how society can be denied the right to eradicate it (Devlin, Morals 40). ? As DWORKIN phrases the argument: â€Å"In the last analysis the decision must rest on some article of moral faith, and in a democracy this sort of issue must be settled in accordance with democratic principles. It is, after all, the community which acts when the threats and sanctions of the criminal law are brought to bear. The community must take the moral responsibility, and it must therefore act on its own lights – that is, on the moral faith of its members† (Dworkin, 246-247) HART: ? Distinguishes between Positive and Critical Morality Critical Morality: A statement of what is morally true Positive/conventional morality: A statement of what most people believe is morally true. ? Hart argued Devlin always slipped into the Positive Morality approach. The problem is that beliefs about moral matters change. At any given time in a community, there may be a consensus on some moral questions, while on other questions there will be sharp divisions. Over time, an issue may go from being a matter of consensus to being a matter of controversy, and given enough time, an issue which there was a consensus one way may eventually be a matter of consensus the other way. How can we know that our laws are enforcing society’s moral consensus rather than just protecting the last generation’s prejudices against a consensus forming around another position. The Harm Principle Hart’s2 point of inception was Mill’s ‘Harm Principle’: If there are any ‘Critically Moral Rights’ or ‘Natural Rights’ there must be a natural right of every person to be equally free. Therefore â€Å"The only purpose for which power can rightfully be exercised over any member of a civilised community against his will is to prevent harm to others. †3 ? Starting with the liberty-protecting Harm Principle enabled Hart to cast onto Devlin the burden of proof on the issue of the relationship between immorality and social harm. Certainly, Devlin provided no hard evidence to support his assertion that society would be worse off without legal moralism but neither did Hart provide any factual evidence that society would be a better (or, at least, no worse a) place without legal moralism (Peter Cane 31). ? DEVLIN: the fact that consent is not a defence for various harm-based offences showed that the harm principle was not the laws normative foundation. HART: distinction needed to be drawn between moralism and paternalism. Paternalism is justification of interfering with another person against their will, where that person will then be better off or protected from harm. The existence of the crime of bigamy also undermined the harm principle. HART: distinction needed to be drawn between Harm and Offense. What is wrong with Bigamy is its offensiveness to peoples religious sensibilities. ? DEVLIN: We see (moral) wrongfulness taken into account went sentencing, and we do not premise this on harmfulness because otherwise all crimes will be treated alike whether it was done maliciously or otherwise. HART: distinction needed to be drawn between principles of Sentencing and criminal liability. The fact that the moral gravity of an offenders conduct- its wrongfulness as opposed to its harmfulness can be taken into account in sentencing tells us nothing about the relationship between law and morality. [Hart offers no reason why this should be so (Peter Cane 32)] ? To sum up Hart’s position: Everyone has a priori liberty. Cannot exercise that liberty when it infringes (Harm’s) another’s liberty. A change in social institutions is not the sort of harm from which a society has a right to protect itself. A society’s right to act should be restricted to demonstrable and imminent rather than speculated and distant harm. The law seems to have little or nothing to do with the immediate consequences of the criminalized conduct. These include the criminalisation of attempts, offences of risk-creation, and the acceptability of strict and negligence-based criminal liability. (Peter Cane 33) ? In order to protect the ‘Harm Principle’ there are 2 reactions to criminal liability that seem to contradict the requirement of â€Å"Harm† : 1. Any law that is not premised on harm is wrong, should be decriminalized 2. Attempt to rationalize in terms of the harm principle any and every aspect of the criminal law that appears at first sight to be inconsistent with it. This is the strategy adopted by Gardner and Shute in relation to rape, and their approach could be applied more generally to cover risk-creation and attempts, for instance. We might say (as Gardner and Shute say in relation to rape) that a society in which the creation of certain risks was not a crime, or in which attempting and contemplating crimes were not themselves crimes, would be (in some sense) a worse society to live in than one in which they were. A worry about this sort of argument, however, is that it depends on the aggregate effect of many such acts, and does not seem to justify coercion of any individual. ? Classifying such diffuse effects as harm seem[s] to reduce the significance of Mills principle to vanishing point. 4 Reinterpreting the harm principle to encompass such non-individualized harm =(what Hart called) the moderate thesis in different garb! The debate about the limits of the criminal law has become a debate about the meaning of the harm principle and the definition of harm. Devlins approach was better. He asked a nonleading question: what factors ought to be taken into account in deciding whether conduct ought to be criminalised? Harm (however defined) is one such factor. But should it be given lexical priority over other relevant factors? ? It is easy enough to accept Harts idea that freedom is a basic human value. Human beings are individuals, and being able to express that individuality in ones choices and actions is an essential component of human well-being. Alongside the individuality of human beings, however, their other most noticeable characteristic is sociability. It is not just that most people choose to live in (larger or smaller) communities or that most people belong to various overlapping and interacting groups. People are also heavily reliant on those communities and groups, and on their relationships with other human beings. If individual freedom is a precondition of human flourishing so, too, is membership of communities and groups, and a rich network of social interactions. ? The law has many social benefits: We must view the law positively as a set of social resources rather than negatively as a restraint on individual freedom. ? This misconception arises from an unsophisticated picture of criminal penalties that fails to recognize their variety and the varying degrees to which they invade individual autonomy, and impose harsh treatment on and stigmatize the offender. This is, no doubt, partly the result of Harts argument that rules and principles of sentencing are irrelevant to questions about the limits of the criminal law. This is incorrect: Some conduct should not be criminalised at all, no matter what the penalty. But in relation to some conduct, the answer to the question of 4 N. E. Simmonds, Law and Morality, in E. Craig (ed. ), Routledge Encyclopedia of Philosophy (London: Routledge, 2004), retrieved 19 May 2004 from http:/ www. rep. routledge. com. whether it should be criminalised will depend on whether a suitable penalty is available. Penalties relate to stigma, and stigma relates to informing a societies interactions. ? The conception of the criminal law and of law in general that underpins the Hart-Devlin debate is what we might call a conception of law as coercion. According to this understanding of law, its prime significance and function is to secure compliance with its norms by threats of coercion and imposition of punishments and other sanctions. Laws coerciveness is seen as the characteristic most relevant to determining its proper limits. This is a deficient understanding of law and its social functions. For the typical, law-abiding citizen the significance of law resides not in its coerciveness but in its normativity. Such a person obeys the law not in order to avoid its coercive sanctions but because they consider obedience to be the preferable or correct course of action. A legal system could not operate effectively if this were not so. In this light, we must question whether a theory of the limits of law based on the assumption that law is seen by those to whom it is addressed as an invasion of their autonomy is likely to be sound. Why should we determine the limits of law by reference to the perspective of the minority of people who obey it only because of its coercive capacity, rather than the perspective of those who view law as a legitimate source of standards of behaviour? If law were viewed from this latter perspective, the idea that it might appropriately prescribe standards of behaviour that express shared social values and aspirations would seem much less objectionable. DWORKIN: Distinguishes between Goal-Based Strategy and Rights-Based Strategy: Goal-Based Strategy: Even if the behavior is bad for the community as a whole, just considered in itself, the consequences of trying to censor or otherwise suppress it would be, in the long run, even worse. Rights-Based Strategy: Even if the behaviour makes the community worse off, even in the very long run, it is nevertheless wrong to censor or restrict it because this violates the individual moral or political rights of citizens who resent the censorship. Favouring the Rights-Based Strategy (p. 194) People have the right not to suffer disadvantage in the distribution of social goods and opportunities, including disadvantage in the liberties permitted to them by the criminal law, just on the ground that their officials or fellow-citizens think that their opinions about the right way for them to lead their own lives are ignoble or wrong. I shall call this the right to moral independence, Justification of the Right to Moral Independence Rights are individual’s trumps5 over a background justification for political decisions that states a goal for the community as a whole. If someone has a right to moral independence, this means that it is for some reason wrong for officials to act in violation of that right, even if they (correctly) believe that the community as a whole would be better off if they did. To some extent, the argument in favour of a particular right must depend on which general background justification for political decisions the right in question proposes to trump. Taking Rights Seriously Dworkin assumes that the background justification with which we are concerned is some form of utilitarianism, which takes, as the goal of politics, the fulfilment of as many of peoples goals for their own lives as possible. This is the most prevalent background in Western Democracies. Suppose we accept then that, at least in general, a political decision is justified if it promises to make citizens happier or to fulfil more of their preferences, on average, than any other decision could. Suppose we assume that the decision to prohibit pornography altogether does, in fact, meet that test, because the desires and preferences of publishers and consumers are outweighed by the desires and preferences of the majority, including their preferences about how others should lead their lives. How could any contrary decision, permitting even the private use of pornography, then be justified? A proper understanding of the underlying justification for utilitarianism will itself justify the Right. Utilitarianism owes whatever appeal it has to what we might call its egalitarian nature. Utilitarianism claims that people are treated as equals when the preferences of each, weighted only for intensity, are balanced in the same scales, with no distinctions for persons or merit. Even if the majority’s preference (i. e. that which will make the majority happier) is to disadvantage or to advantage a minority, this is inconsistent with the very essence of utilitarianism , so even if it does result in fulfilment of as many of peoples goals for their own lives as possible, utilitarianism cannot allow that without undermining the philosophy that bore utilitarianism itself. Dworkin’s argument, therefore, comes to this: If utilitarianism is to figure as part of an attractive working political theory, then it must be qualified so as to restrict the preferences that undermine egalitarianism. One very practical way to achieve this restriction is provided by the idea of rights as trumps over unrestricted utilitarianism. The right of moral independence can be defended in a parallel way. Neutral utilitarianism rejects the idea that some ambitions that people might have for their own lives should have less command over social resources and opportunities than others, except as this is the consequence of weighing all preferences on an equal basis in the same scales. It rejects the argument, for example, that some peoples conception of what sexual experience should be like are inherently degrading or unwholesome. But then it cannot (for the reasons just canvassed) count the moral preferences of those who do hold such opinions in the calculation whether individuals who form some sexual minority, including homosexuals and pornographers, should be prohibited from the sexual experiences they want to have. The right of moral independence is part of the same collection of rights as the right of political independence, and it is to be justified as a trump over an unrestricted utilitarian defence of prohibitory laws against pornography. Limitations on the Right: (p. 195) Suppose it is discovered that the private consumption of pornography does in fact significantly increase the danger of crimes of violence, either generally or specifically crimes of sexual violence. Or suppose that private consumption has some special and deleterious effect on the general economy, by causing great absenteeism from work. Then government would have, in these facts, a justification for the restraint and perhaps even for the prohibition of pornography that does not include the offending hypothesis either directly, by the assumption that the hypothesis is true, or indirectly, in the proposition that many people think it true. Can we find a plausible justification for restricting the display of pornography that does not violate the right of moral independence? We can, obviously, construct a certain argument in that direction, as follows. Many people do not like to encounter genital displays on the way to the grocer. This taste is not, nor does it necessarily reflect, any adverse view of the character of those who do not mind such encounters. Another may argue, for example, that his own delight in other peoples bodies is lessened or made less sharp and special if nakedness becomes either too familiar to him or less peculiar to those occasions in which it provides him special pleasure, which may be in museums or his own bedroom or both. Or that sex will come to be different and less valuable for him if he is too often or too forcefully reminded that it has different, more commercial or more sadistic, meaning for others. Or that his goal that his children develop certain similar tastes and opinions will be thwarted by the display or advertising that he opposes. None of these different opinions and complaints must be the product of some conviction that those with other opinions and tastes are people of bad character. The Williams Report: If one accepted, as a basis for coercing one  persons actions, the fact that others would be upset even by the thought of his performing those actions, one would be denying any substantive individual liberty at all. 5 5 Report, p. 100. Laws against public sex would generally be thought to be consistent with the harm condition, in the sense that if members of the public are upset, distressed, disgusted, outraged or put out by witnessing some class of acts, then that constitutes a respect in which the public performance of those · acts harms their interests and gives them a reason to object . The offensiveness of publicly displayed pornography seems to us. To be in line with traditionally accepted rules protecting the interest in public decency. Restrictions on the open sale of these publications, and analogous arrangements for films, thus seem to us to be justified . If one goes all the way down this line, however, one arrives at the situation in which people objected to even knowing that pornography was being read in private; and if one accepted as a basis for coercing one persons actions, the fact that others would be upset even by the thought of his performing these actions, one would be denying any substantive liberty at all.