Friday, December 27, 2019

Legal Rules Contract - Free Essay Example

Sample details Pages: 7 Words: 2124 Downloads: 10 Date added: 2017/06/26 Category Law Essay Type Case study Did you like this example? Offer and Acceptance With reference to the legal rules relating to offer and acceptance of a contract, advise the club whether it can claim the joining fee from Mary, Frank and Ali. Mary posted her application. She telephoned the club to confirm whether or not her application was accepted but was unable to get through to speak to anyone. Don’t waste time! Our writers will create an original "Legal Rules Contract" essay for you Create order In the meantime the committee took two months to confirm whether or not they would accept her application based on a character investigation. In accordance with the legal stipulations of offer and acceptance Mary is under no obligation to pay her joining fee for a number of reasons. Although she returned her application form the offer of membership was not formally accepted as she failed to contact the club secretary when she was told to telephone. This meant that she wasnt provided with an answer to the outcome of her application, the time of which was made very clear in terms of when she needed to do this by yourselves. Legally an agreement is reached when an offer by one party is unequivocally accepted by the other. Which did not occur. You do not confirm whether the club actually wrote to Mary in September when the decision was made to accept her. If this was not done and payment was merely requested on the basis that Mary Jones had been granted membership, once again she w ould not be liable as Australian Law dictates that a person cannot accept an offer of which he/she has no knowledge. And considering the club waited over two months to inform Mary, she had no understanding that she had ever been considered in the first place. Additionally silence cannot be construed as acceptance. The club was not within its rights to assume that Mary would accept the offer, having failed to communicate with them by telephone and not receiving confirmation until several months after the membership cut-off date. In the English case of Felthouse and Bindley, the courts ruled against Felthouse who had considered the horse he had acquired for his own, on the basis that his Nephew had not written to confirm otherwise. He lost the case because the court confirmed there had been no acceptance of a contract. Franks case is similar in that he never contacted the club secretary to confirm his membership, therefore no official acceptance was made. In addition he had stip ulated in writing that his terms of agreement were related to gaining a contract of work from the club. Because this written condition was not agreed to, Frank was within his rights not to have to pay for membership. Additionally and somewhat ironically correspondence with offer, or the mirror image rule states that if you accept an offer it must be accepted exactly as it is offered, without any modifications. This being the case Franks offer had already turned into a null and void counter-offer as soon as he wrote the condition of interest, on the understanding that he would receive a contract of work by way of membership. The mirror image rule states that if you are to accept an offer, you must accept an offer exactly without any modifications; if you change the offer in any way, this is a counter-offer that invalidates the original agreement. Once again no formal agreement has been instigated by Ali as he failed to contact the secretary to discuss or accept membership. He w ould have assumed that his membership was disregarded as it was late and he never received written confirmation. However his assumption of failure to be invited to membership may not be enough in terms of rendering Ali not culpable. When he posted the letter he was in effect accepting the offer. Likewise although the letter of agreement never found its way to him it was physically sent by the club. Ali also followed up his request to apply for membership over the telephone, thus legitimizing his desire to join. By law if an offer is accepted by post, the contract becomes valid at the time it was posted. As with the well documented case of Adams v Lindsell, which determined that a posted acceptance is contractually binding. But it did arrive after the stated and agreed deadline which would no doubt make him non eligible for payment of membership fees. Suppose that Tony is determined to take Court action and is looking for cases to support his arguments. Identify ONE case tha t may help support Tonys demands that he be accepted as a member to the club and explain to him, with reasons, how a Court in your state of Australia is likely to treat this previous case. As part of your answer you should discuss what parts of the case are important and what parts are not. With regard to your contesting the outcome of the Tennis Club to accept you as a member. Bearing in mind that you sent your letter well within the deadline date for which membership would be considered; only to be refused on the basis that your application arrived late due to a postal strike, there may be a case for us to adopt the approach of the Postal Acceptance Rule. This is an exception in law to the principal that the offeree (In this case yourself) communicates your acceptance to the Offeror. (The Country Tennis Club). In this instance acceptance is granted when the letter stating acceptance is actually posted and not when it is received by the offeror. The most famous case for de termining this law was by way of Adams vs Lindsell in 1818. Lindsell (the defendant) wrote to Adams (the plaintiff) to make him an offer of some wool and asked for an agreement for this sale to be issued by return of post which Adams provided. However Lindsells original letter arrived late as he managed to address it incorrectly. Thus Linssell automatically assumed that his offer had been rejected having waited so long for a response. He consequently decided to sell the wool on to another buyer. The problem arose as this exchange took place after Adams had already replied to say that he would indeed buy the wool and he was expecting to receive it. The court in this case ruled in favour of Adams and it was deemed that the date of agreement was made from when he posted the letter back requesting the wool and not when it arrived, which was in this case too late. This has a striking resemblance to your own situation. The court imagined that this would elevate the issues concern ed when each individual is waiting for a receipt of confirmation, which can hinder business. The law has been criticized for having ulterior motives that were connected with publicizing the post office in the nineteenth century, although it does seem feasible that it was a law passed to aid the practicalities of business efficiency. But it does place the offeror in a vulnerable situation as they are often bound by contract without even being aware of it. This is not a completely straightforward law as it does only apply to acceptances and no other type of communication and only where it is reasonable that this acceptance needs to be made by post. This makes a good case for you against the club as you were responding to their requests. Saying that this particular rule can always be displaced by the offeror if they request that the offer takes a specific form, for example a speedy reply or a deadline, which means it cannot take effect on arrival as the deadline has passed. Which ma kes your case unfounded. However what is stipulated in this law as reiterated in the case of Henthorn v Fraser Where the circumstances are such that it must have been within the contemplation of the parties that, according to the ordinary usages of mankind, the post might be used as a means of communicating the acceptance of an offer, the acceptance is complete as soon as it is posted is the need for the offeror to consider what is reasonable to expect in the case of making an offer available. In other words it is very conceivable that the Tennis club will be liable by way of neglecting to take into consideration the potential disruption or inevitable delays that might arise through the postal system or any extenuating circumstances whereby the application might be received slightly later than anticipated. Because the Tennis Club failed to put in place these obvious influencing factors they should by law be obliged to provide you with the membership that you applied for within the designated time given. 3). Suppose that the Clubs constitution provides that any member who fails to pay any money owed to the club promptly and in full will be subject to imprisonment on the premises for six days for each offence and during this time must scrub the kitchen with a toothbrush. Assuming Mary refuses to pay, can the club enforce this provision of its constitution against her? Why or why not? (30 marks) No Mary would not be subjected to this type of punishment as she is not officially a member of the club and the constitution clearly states any member. She has not officially accepted membership therefore she is not liable to carry out the actions requested. A constitution in this sense establishes the laws and principles of the club itself which do not infringe on the external it reflects a temporary law or measure which has little power in the external world around its governing area. In this case the club constitution is limited to the confines and membe rs of its club. A constitution is defined as a set of rules which governs an organsation. Every organization, whether social club, Trade Union or nation state, which has defined objectives and Departments or offices established to accomplish those objectives, needs a constitution to define the powers, rights and duties of the organizations members In a club, such as the Country tennis Club members have to obey the laws and house rules as laid down in the constitution. But only as members of the club. The extent by which the members are controlled is dependent on the constitution. What it does not have is the power to force its members to carry out things against their will. As with any constitution, it can discriminate and create its own internal laws which might have an affect on those trying to seek membership. It represents an internal oligarchy that control their own small governing group which has no legal standing in terms of enforcing its own rules directly onto exte rnal individuals, although this may be indirect as mentioned before in terms of prejudice or discrimination against those people it wants as its members and those it chooses not to accept. In addition the nature of this constitution, regardless of its company policies and rules it is infringing on civil and human rights issues. The fact that the Tennis Country Club constitution expects degrading and humiliating activities to be performed by its members is both unacceptable and contravenes a number of laws. Examples of some of these laws in Australia include those thought to encourage Societal Abuses and Discrimination, The Right of Association. The law also provides all workers and public servants with the right of association domestically and internationally and protection against antiunion discrimination, and workers exercised these rights in practice One point to note is that Australia has no Federal Bill of Rights. However it does have one of the best human rights records in the world. So even if Mary was for some reason expected to make payment for her club membership and then refused, even if membership had been granted, yet not accepted. Under any of these extenuating circumstances she would be well within her rights to report the club for at the least anti-social behavior, at worst for crimes against human and civil rights. Bibliography Tillotson, J.Contract Law in Perspective: Routledge; 1995 Suff, M. Essential Contract Law: Cavendish Publishing; 1997 Nixon, A, Wolstenholme Holland, R.Commercial Law: Longmans, Green and Co; 1907 Frey, M.A, Hurley Frey, P. Essentials of Contract Law: Thomson Delmar Learning; 2000 Stone, R. The Modern Law of Contract: Routledge Cavendish; 2005 Stone, R. The Modern Law of Contract: Routledge Cavendish; 2005 Stone, R.The Modern Law of Contract: Routledge Cavendish; 2005 Barnett, H.Constitutional Administrative Law: Rutledge Cavendish; 2004 Harriman, E.A.The Constitution at the Cross Roads: A Study of the Legal Aspects of the League of Nations, the Permanent Organization of Labor and the Permanent Court of International Justice: The Lawbook Exchange, Ltd; 2003 Australian Human and Civil Rights. Available at: https://home.vicnet.net.au/~victorp/vphuman.htm Accessed August 26, 2008

Thursday, December 19, 2019

The Discovery Of The Atom - 1384 Words

An Atom is the the basic building block of all matter. Atoms are made up of Particles, called: Protons, neutrons and Electrons. Protons carry a positive charge, the neutron carry s a neutral charge and the electron carry’s a negative charge. The Atom has two main parts the Nucleus and the Electron Shell. The Nucleus contains the Protons and Neutrons. The electron Shell Contains the The electrons. There are many Scientist that contributed in the investigation of the atom which are: 1- John Dalton 2- Sir William Crookes 3- Wilhelm Rontgen 4- J.J Thomson 5- Max Planck 6- Albert Einstein 7- Ernest Rutherford 8- Neils Bohr 9- James Chadwick 10-Otto Hahn The Discovery of the Atom first came from the Greeks which made a theory â€Å"The idea that all matter is made up of tiny, indivisible particles, or atoms, is believed to have originated with the Greek philosopher Leucippus of Miletus and his student Democritus of Abdera in the 5th century B.C. (The word atom comes from the Greek word atomos, which means â€Å"indivisible.†)† (InfoPlease Atomic theory) After that theory scientists started Wondering about this theory and a lot of Scientists made up Models and conducted Experiments to Explain this Theory. In this report we will put our self’s inside Each scientist’s Shoe and see What has he discovered. John Dalton John Dalton, a British chemist and physicist, that was born on the 6th of September 1766. His study of gases led Dalton to wonder about what these invisible substancesShow MoreRelatedThe Discovery Of The Atom1788 Words   |  8 Pagestechnically smallest) discoveries of all time: the atom. The long process of solving the mysteries of matter has involved numerous scientists and their experiments, which have ushered in modern knowledge of the subject and countless innovations in science using the knowledge of matter s properties. The atom makes up nearly everything humankind knows of; therefore, it has significant effect on everything people make. The discovery of the atom by John Dalton and the discovery of the electron by JRead MoreDemocritus of Abdera and the Discovery of the Atom700 Words   |  3 Pages Since the ancient Greek philosopher Democritus of Abdera first discovered the atom, man’s interest in the atom has only increased as studies of it continued. Reaching its pivotal point of advancement during WW2, as Einsteins work was finally put into practice as scientists from the U.S detonate the first nuclear weapon, which unintentionally, later ushers in a cold war. After the cold war, the development of nuclear power leads to serious complications as several units fail, making people questionRead MoreHistory And Science Of The Atom1507 Words   |  7 PagesHistory of the Atom By Karina Vazquez Period: 4 May 11, 2016 Mr.Sanchez Chemistry B The atom is an important thing in the world of science and chemistry. The atom might have started on a different point of view on how the atom works. There were many different people who had many good and different ideas on how to use the atom and what it was used for. Democritus was one of many other philosopher and scientists that wanted to start the discovery of the atom. He got the nameRead MoreThe Physics Of Atomic Theory1142 Words   |  5 Pagestheir life to making new discoveries and figuring different aspects of the universe. Over 30 different scientists have added on the development of atomic theory, and made science changing discoveries that are still today quite impressive, even in comparison to modern day scientists. There are countless scientists involved in the evolution of atomic theory, but less than 50 have majorly impacted the way we view atomic theory today. Discovery and experimentation on the atom first began in the GreekRead MoreThe Nuclear Theory Of The Atomic Theory1363 Words   |  6 PagesThe Atomic Theory The atomic theory is a fundamental scientific theory of the nature of matter, which states that matter is composed of discrete units called atoms, which came from the Greek word atomon, meaning ‘uncuttable’. This theory was based on the concept that any given item in the universe could be broken down using pico- and femtometer atomic/subatomic/alpha particles. If this idea had never been composed, science would have suffered as a result and many scientists would not have beenRead MoreDmitri Mendeleev: The Development of the Periodic Table Essay1529 Words   |  7 Pagesother progress. Discoveries that led to the creation of Mendeleev’s table of elements: It was only possible, however, for Mendeleev’s table to be created and thus progress to the form in which we know it now due to the efforts of various other scientists in discovering information that changed the theory around the atom. The discoveries of the atom and the means to derive atomic weight led to Mendeleev’s ability to create the periodic table, and it is further research into the atom that has led toRead MoreEssay on Ernest Rutherford and The Gold Foil Experiment 755 Words   |  4 Pagesfamously known for â€Å"splitting the atom.† His work on the gold foil experiment contributed greatly to the model of the atom and helped develop the standard model of the atom to what we now use today. Without his contributions we would still be using the Plum Pudding model, an out dated and incorrect model, and we would have less of an understanding of how atoms form the world around us. Before Rutherford’s Geiger-Marsden experiment the most popular model of the atom was the â€Å"plum pudding model† developedRead MoreJ.J. Thomson1052 Words   |  5 Pagestime of his discovery many other scientists were working on the same thing (Joseph John Thomson). He was doing a lot of research on the nature of electric discharge in a high-vacuum cathode-ray tube. The ray’s deflection by electrically charged particles brought Thomson to the realization that there are much smaller particles of matter than just atoms (Morgan). At the tome of his discovery he called the â€Å"particles† corpuscles, and theorized that they may make up, or reside inside of atoms. People wereRead MoreAtom History Essay960 Words   |  4 PagesAtom History Essay An Atom is a basic unit of matter that consists of a dense, central nucleus surrounded by a cloud of negatively charged electrons. The Atom was theorized by a man named Democritus of Abdera, Thrace in between c.a 460 BC - ca. 370 B.C. Atom is derived from the Greek word â€Å"atomos† , which means to be uncuttable. He had a theory that everything is composed of â€Å"atoms†, which he believed that these minuscule objects are indivisible, indestructible and have and always been in motionRead MoreHistory Of An Atom. In This Day And Age, Almost Every Educated987 Words   |  4 PagesHistory of an Atom In this day and age, almost every educated middle school student would be able to sketch and label a given diagram of an atom. However, still to this day, not one human has seen what an atom looks like. Our current atomic model, the same one in which you most likely learnt in 5th grade, is really just an educated theory, comprised of years of experimental trials and errors. In fact, the ‘original’ four elements, introduced by ancient philosopher Aristotle: Fire Air, Water, and

Tuesday, December 10, 2019

A Christmas Carol

A Christmas Carol-Charles Dickens Essay Charles Dickens was a Victorian writer. He was born in Landport, Portsmouth, on February 7, 1812. When he was twelve his father, who was a clerk in the Navy Pay Office, was imprisoned for debt in Marshalsea debtors prison. Dickens had to leave school at this early age to work in the Warrens blacking factory, where he earned six shillings a week. His familys position deteriorated and his personal resentment increased. Dickens found all of this humiliating and this is where he got his inspiration for much of his fiction from. Dickens eventually left Warrens blacking factory due to his father receiving a legacy from a relative, meaning he could pay off his debt and leave Marshalsea debtors prison. Dickens father, John Dickens, then sent Charles to Wellington House Academy, where he stayed for two years until 1827. He then went to Grays Inn where he worked as a clerk, studied shorthand and became a reporter of debates. He worked there until the age of fifteen. Working here may have helped Dickens write A Christmas Carol, because Dickens was a clerk, so this could have helped influence the character Bob Crachit. We will write a custom essay on A Christmas Carol-Charles Dickens specifically for you for only $16.38 $13.9/page Order now Charles Dickens wrote A Christmas Carol in 1843. It was mainly written to build awareness of the severe circumstances of the poor children. The novella speaks of Ebeneezer Scrooge as being a cold-hearted, tight-fisted, self-centred man being transformed into a warm-hearted, generous, jovial man, due to visits from the ghost of his old business partner, Jacob Marley, and from the three ghosts of Christmas. Dickens wrote his story in the form of a novella. It was traditional for many families, in Victorian England, to sit around the fire and tell stories on Christmas Day. This is similar to how we, today, sit as a family and enjoy a Christmas film together. Dickens was able to write and publish A Christmas Carol in time for it to be sold before Christmas, so that it could be read in this traditional context. By using fictional characters, he was not directly offending the parts of society he was writing about. Also, he didnt go straight to the point he was making, Dickens started the book in a discursive, informal fashion to draw people in. Dickens structured this story in a way which also helps to highlight the problems in society, in an effective, engaging and non-threatening manner. When you open this book and look at the contents, you notice that this novella is not written in chapters. Chapters have been replaced with staves. This is in relation to the term used in music, with a stave being something that notes are written on, and also it coincides with the title A Christmas Carol. Stave One addresses the reader as if it is to them Dickens is recounting the story directly to. The informal approach used by Dickens makes the reader feel more comfortable, and at times, this causes him to digress. To some readers this may seem like a bad thing to do, but by digressing, the reader needs to continue reading until the main theme of the story is returned to, and so it has the added bonus of increasing suspense. An example of Dickens digressing is I dont mean to say that I know, of my own knowledge, what there is particularly dead about a door-nail. I might have been inclined, myself, to regard a coffin-nail as the deadest piece of ironmongery in trade. But the wisdom of our ancestors is in the smile; and my unhallowed hand shall not disturb it, or the Countrys done for. You will therefore permit me to repeat, emphatically, that Marley was as dead as a door-nail. Here, Dickens is going off the point slightly, from talking about Marley being dead- spoken of before this quote- to talking about ironmongery. As I said earlier, this will make the reader feel more comfortable, as if an old friend is chatting to them. However, when we reach Stave Three, the previous comforting tone is replaced by a more serious and sombre tone, due to the story becoming too vivid and tense to continue this technique.

Tuesday, December 3, 2019

The Use Of Dialectic To Define Justice Essay Example For Students

The Use Of Dialectic To Define Justice Essay Through the use of Socratic dialogue, Plato has an advantage at obtaining answers by refuting other philosophers. Plato is able to achieve an answer to the question, what is justice. He derives this answer through an analogy of the ideal city. The ideal city parallels the concept of the ideal person as Plato uncovers with the aid of dialectic. Plato defines justice as a function of harmony, which must first be achieved in an individual before being extended to the city. Speaking through Socrates Plato defines justice as a philosophical understanding of excellence in the organization of society and human soul. In book IV Socrates refutes the notion that justice is visible, while using the Socratic method of dialogue. He questions that justice is the virtue that has no physical representative. Through the state, Socrates inferred that justice can be understood as opposed to being seen. In order to grasp the concept of the ideal city or the happy state one must first analyze its compone nts. Plato does this with dialectic. Then he questions that each individual is a member of one of three groups: Rulers, Guardians, and the Producer class. Each one of the specifications of labor 2within the kallipolis accompany a chief characteristic. The rulers were considered to have wisdom as their virtue. People chosen to be a ruler exhibited a special knowledge for leading the state. In the kallipolis rulers make their judgment for the happiness of the state as opposed to their own individual happiness. Is there some knowledge possessed by some of the citizens in the city?that does not judge about any particular matter but the city as a whole and the maintenance of good relations both internally and with other cities?(pg.104,428d) The next virtue, Plato discovers through the Socratic method, was courage. This power to preserve through everything correct and law-inculcated belief about what is to be feared and what isnt is what I call courage.(105,430b) This virtue resided mainl y in the guardians. Each soldier was trained from their childhood about what to fear and what not to fear. Courage was apparent in the soldier? beliefs in the state laws as well as doing whatever was necessary to protect the state. Through the Socratic method, Plato makes an analogy of the soldiers to poorly dyed wool, stating that a soldier will never present a ridiculous and washed out appearance. The next virtue, moderation, Plato discovered through the Socratic method was needed in every member of the kallipolis, but he divulged that it was the attribute of the 3producer class. Unlike courage and wisdom Making the city brave and wise respectively, moderation spreads throughout the whole.(pg.107,431e) Moderation was necessary for each class, especially this one since the craftsmen are considered the appetites of kallipolis. Through dialogue with Glaucon, Plato concludes that producers were moderate; guardians were moderate and courageous; and the rulers were moderate, courageous, and wise. We will write a custom essay on The Use Of Dialectic To Define Justice specifically for you for only $16.38 $13.9/page Order now After Socrates has found the other three virtues in the kallipolis, he then moves on to justice. Socrates felt that justice was the virtue that was left over. Justice was an understanding in the kallipolis of each individual performing their job without interfering with that of another. Socrates placed the other three virtues first and as a result he arrived with the conclusion that justice or morality is achieved through a harmony of the others. Therefore Socrates defined justice as a function of wisdom, courage, and moderation all working together to produce the best for the state. Justice was considered as the harmony of the city as well as an individual. .uf8a1abe3e0dcd8ba9490859dff39d9c3 , .uf8a1abe3e0dcd8ba9490859dff39d9c3 .postImageUrl , .uf8a1abe3e0dcd8ba9490859dff39d9c3 .centered-text-area { min-height: 80px; position: relative; } .uf8a1abe3e0dcd8ba9490859dff39d9c3 , .uf8a1abe3e0dcd8ba9490859dff39d9c3:hover , .uf8a1abe3e0dcd8ba9490859dff39d9c3:visited , .uf8a1abe3e0dcd8ba9490859dff39d9c3:active { border:0!important; } .uf8a1abe3e0dcd8ba9490859dff39d9c3 .clearfix:after { content: ""; display: table; clear: both; } .uf8a1abe3e0dcd8ba9490859dff39d9c3 { 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; } .uf8a1abe3e0dcd8ba9490859dff39d9c3:active , .uf8a1abe3e0dcd8ba9490859dff39d9c3:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .uf8a1abe3e0dcd8ba9490859dff39d9c3 .centered-text-area { width: 100%; position: relative ; } .uf8a1abe3e0dcd8ba9490859dff39d9c3 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .uf8a1abe3e0dcd8ba9490859dff39d9c3 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .uf8a1abe3e0dcd8ba9490859dff39d9c3 .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; } .uf8a1abe3e0dcd8ba9490859dff39d9c3:hover .ctaButton { background-color: #34495E!important; } .uf8a1abe3e0dcd8ba9490859dff39d9c3 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .uf8a1abe3e0dcd8ba9490859dff39d9c3 .uf8a1abe3e0dcd8ba9490859dff39d9c3-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .uf8a1abe3e0dcd8ba9490859dff39d9c3:after { content: ""; display: block; clear: both; } READ: Grapes Of Wrath By Steinbeck (1133 words) EssaySocrates felt that through examining the state and its parts he could discover justice in the individual. Each individual was as the state, with three different parts: 4mind, body, and spirit. The mind acted in each individual as a ruler. The virtue of the mind was wisdom just as the ruler of the state. Courage is also found in the soul of the individual in the form of the spirit. The spirit acts as the guardian of the soul just as the soldier does for the city. And isnt in the individual courageous in the same way and in the same part of himself as the city?(pg.117,441d) Moderation is throughout the soul but mainly focused in the body. The body is parallel to the producer class of the city. Socrates determined that an individual is just if the other three parts of the soul are doing ones own work. Compared to the city an individual achieved harmony and morality just the same. And surely we have not forgotten that the city was just because each of the three classes in it was doing its own work.(117,441e) Socrates felt that through looking at the larger scope first, he could then infer more about the smaller scope. I believe in Plato? use of Socratic method to obtain a philosophy of the state and the human soul. The two concepts parallel each other as well as they are inseparable. The individual and the state are dependent upon one another. How can a state be just without individuals who are just? I believe Socrates answer to justice is manifested in individual morality as well as 5communal justice. Socrates?state is centered upon a communal attitude in both the individual himself and the internal parts o f the city. Plato felt that to attain justice was to attain harmony in the state as well as the individual. Through conversing with Thrasymachus in a dialectic method, Plato philosophizes that both the state and the individual consisted of three separate parts, which must harmoniously commune with one another to achieve the virtue of justice. Justice is the virtue found within the other three virtues: wisdom, courage, and moderation. Each of these virtues exists in the state as well as in the individual in the form of the mind, body, and soul. Within the state the ruler is wise and rules for the happiness of the state. This is paralleled in the individual through the mind. The individual? courage is contained in the spirit, whereas, the state? courage comes from the guardians. Only through the use of dialectic could Plato have come to the conclusion that moderation is the virtue that is consistent in each part of the individual and the state. And when the citizens agree in this way, in which of them do you say moderation is located? In the ruler of the ruled? I suppose in both.(107,431e) This is exemplary of the advantages that dialectic gives to a philosopher. Here Plato 6is able to make a statement about moderation through the dialectic used with Glaucon. Through Socrates, Plato derives that moderation is the attribute of the producer class in the state as well as the body of the individual. Plato felt everyone within the state had to give there loyalty to the state. Plato defines this as everyone doing their own work for the happiness of the state, while not interfering with the work of another. Through the use of dialectic Plato was able to define justice. Plato does this with an analogy of the ideal city. The advantage of Socratic dialogue is that through continuous interrogation one can shape the size of the question until the question that is asked becomes the answer that the philosopher has been searching for. Dialectic is the thesis then formed into an antithesis to conclude with a synthesis of ideas. Plato is able to exemplify this method of philosophy while defining justice with an analogy of the ideal city as well as the ideal person. .u6923b246b093d5a341c29ef68c3ce5b4 , .u6923b246b093d5a341c29ef68c3ce5b4 .postImageUrl , .u6923b246b093d5a341c29ef68c3ce5b4 .centered-text-area { min-height: 80px; position: relative; } .u6923b246b093d5a341c29ef68c3ce5b4 , .u6923b246b093d5a341c29ef68c3ce5b4:hover , .u6923b246b093d5a341c29ef68c3ce5b4:visited , .u6923b246b093d5a341c29ef68c3ce5b4:active { border:0!important; } .u6923b246b093d5a341c29ef68c3ce5b4 .clearfix:after { content: ""; display: table; clear: both; } .u6923b246b093d5a341c29ef68c3ce5b4 { 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; } .u6923b246b093d5a341c29ef68c3ce5b4:active , .u6923b246b093d5a341c29ef68c3ce5b4:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u6923b246b093d5a341c29ef68c3ce5b4 .centered-text-area { width: 100%; position: relative ; } .u6923b246b093d5a341c29ef68c3ce5b4 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u6923b246b093d5a341c29ef68c3ce5b4 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u6923b246b093d5a341c29ef68c3ce5b4 .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; } .u6923b246b093d5a341c29ef68c3ce5b4:hover .ctaButton { background-color: #34495E!important; } .u6923b246b093d5a341c29ef68c3ce5b4 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u6923b246b093d5a341c29ef68c3ce5b4 .u6923b246b093d5a341c29ef68c3ce5b4-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u6923b246b093d5a341c29ef68c3ce5b4:after { content: ""; display: block; clear: both; } READ: The Death Of A Drunk Car Accident Essay