Law Essay Example | Topics and Well Written Essays - 750 words

Law - Essay Example The understanding of Common Law is important because it forms the basis for understanding of the important provisions of other laws. Certain laws in the UK, like Law of Torts, Contract Law and Property Laws exist only in Common Law and, therefore, it assumes greater importance. Even in Australia, the Common Law practiced is derived from the UK Common Laws. There is a single Common Law prevalent in Austrialia and there is a common bond between the Common Law practiced in Australia and that found in the UK. The decisions of the House of Lords in England also forms the basis for judgment in many decided cases in Australia , and even today, the previous decided cases in the House of Lords forms the basis for judgment passed regarding Common Laws practiced in Australia. STEP 2: The tort of negligence includes the following aspects of the law such as the duty of care to be shown, breach of duty on the part of the defendant, factual causation, legal causation or remoteness and damage. The Australian Common Law says that the defendant must have a duty of care towards the claimant. The claimant must prove that the defendant has breached his duty by not exercising reasonable care. The first aspect is whether the defendant owed a duty towards the claimant. The second aspect relates to whether the duty has been breached. Again for the case to hold good, it is also necessary that the particular act were the cause of the loss or damages suffered. Again the aspect of how remote or close the action of the person caused harm to the claimant should also be assessed. Finally even though the breach of duty of the defendant has been proved, the negligence should have caused injury to the claimant, as a direct result of breach of care on the part of the defendant. (a) The case mentioned is regarding unintentional trespass on the part of Mary Jane, and as

Rediscovering the Link between Traditional and Modern Shamanism Research Paper

Rediscovering the Link between Traditional and Modern Shamanism - Research Paper Example Since the rituals of the shaman are very specific and distinctive it is difficult to identify which one deserves restoration. Shamanism is flexible and open, which allowed an interaction between, for instance, Buddhism and shamanism in Mongolia (Witzel 2011: 44). Hence it would nowadays be hard to identify whether the practices of a shaman in Mongolia are inspired by centuries-old Buddhist rituals or whether Buddhist practices are rooted in shamanic beliefs. This paper analyzes the changes that traditional shamanism went through in order to adapt to contemporary needs, and the impossibility of restoring the pure, original form of shamanism. Contemporary Shamanism The 20th-century shamans in Japan or Siberia embrace the belief that they are merely a rough version of past events. The shaman has evolved and thus has his/her advocates and their needs. Shamanism in post-Reformation Europe appears to thrive in its neo-shamanic form because people can create an interpretation of supernatura l occurrences which are difficult to understand or explain in the perspective of the Protestant church (Jakobsen 1999: 209). Likewise, as stated in the accounts of Laura Kendall, shamanism attracts mostly Korean housewives. Contemporary shamanism thus has gone through transformations which have matched it to the users’ needs and focuses on prophecy and the family. ... Coercion of individuals by several shamans is common in all shamanic cultures. A number of scholars, such as Hahm Pyong-choon, emphasize this point since shamanism is threatened by the exact causes of neo-shamanism’s success in the Western world. Apparently, the current threats to shamanism are major perils to its survival. Worldwide occurrences, especially industrialization, urbanization, modernization, technological and scientific progress, the powerful spread of Christianity, and westernization have all created serious threats (Meadows 2011: 105). As the heightening of individualism and disintegration of the family persist shamanism will undoubtedly be threatened further. The dissimilarity between neo-shamanism and contemporary Korean shamanism is that in the latter the bond to the deceased family members and their impact on the lives of the living is the emphasis. The core element is the family. In neo-shamanism the person focuses on those who need attention and it is thus better adapted to contemporary Western urban culture (Gallagher 2006: 82). In South America, certain healers still perform some of the healing methods of the earlier shamans but it is a quite special challenge that shamans have to face in an urban environment. Nowadays, healers act in response to immorality in urban areas, to issues of drug addiction, domestic violence, child abuse, family disintegration, and prostitution. The morality of the healer, his spiritual defenses and his capacity to change the spirit domain for the benefit of his audiences is similar to early Amazonian practices (Adlam & Holyoak 2005: 531). His healing practices definitely are different from those of the mainstream medical procedures offered, for a fee, in urban areas. The urban