...Malayan Law Journal Reports/1986/Volume 1/PUBLIC PROSECUTOR v PARAM CUMARASWAMY - [1986] 1 MLJ 512 - 3 January 1986 6 pages [1986] 1 MLJ 512 PUBLIC PROSECUTOR v PARAM CUMARASWAMY OCJ KUALA LUMPUR CHAN J FEDERAL TERRITORY CRIMINAL TRIAL NO 39 OF 1985 3 January 1986 Criminal Law and Procedure -- Charge of sedition -- Close of prosecution case -- Whether prima facie case made out -- Sedition Act, 1948, ss. 3(1) & 4(1) -- Criminal Procedure Code (F.M.S. Cap. 6), s. 180 -- Federal Constitution, art. 10 1986 1 MLJ 512 at 513 In this case the respondent was charged with uttering seditious words, an offence under the Sedition Act, 1948. At the close of the prosecution case, counsel submitted that there was no case to answer. Held: (1) all that is required at the close of the prosecution case is for the prosecution to discharge their evidential burden by adducing sufficient evidence to raise a prima facie case against the accused. At that stage, a trial judge should not consider whether or not a case has been proved beyond a reasonable doubt against the accused. If no evidence is called for the defence, then, and then only, the tribunal of fact must decide whether the prosecution has succeeded in discharging the persuasive burden by proving its case beyond a reasonable doubt; (2) in this case the prosecution has discharged their evidential burden by adducing evidence of primary facts. The accused must therefore be called to enter on his defence. ...
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...Freedom, to many people does not necessarily mean they are free. There are many degrees and definitions of freedom throughout the history of America many different races, genders, and ethnicities experienced. The varieties of freedom come from multiple groups of people such as slaves, indentured servants, Native Americans, property owners, and Puritans. All of these groups had their own definition of freedom they experienced, ranging from little to no freedom, freedom from the land they possessed, and the freedom to worship any God they so choose. However, some of these freedoms conflicted with the freedoms of others. First and foremost, there were many groups of people who had little to no freedom in seventeenth – century North America. Among these people, there were the slaves who were forced upon their will to come over to America from Africa and work for the masters who claimed them. Slaves by far had the least amount of freedom given to them when they came to America. In slave work on the plantations is described in the words of Eric Foner as “far more demanding than in the household slavery common to in Africa, and death rate among slaves much higher” (p. 98). This shows how slaves had little to no freedom to choose how much or how long they wanted to work and the lifestyle the slaves lived was dictated by their masters. Another group of settlers that came to America to try and start a new life for were the indentured servants. These indentured servants, being about...
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...will be evident by the end of the chapter, but also include the deeper connections related to the content of the entire chapter. How exactly would one explain why the title of this chapter is "Tyranny Is Tyranny?” According to the Dictionary, tyranny is nothing more than a nation under cruel and harsh dictatorship. Therefore, it is easy for most readers to place the title “Tyranny is Tyranny” because the text analyzes the movement for "leveling" (economic equality) in the colonies and the causes of the American Revolution. The chapter also argues that the Founding Fathers push for war to distract the people from their own economic problems and stop popular movements. The three main points of why such a title has been chosen will be discussed: how people were treated before the Declaration of Independence, how people felt being under British control, and how life was when the Declaration of Independence was established. The title of this chapter is “Tyranny is Tyranny” because tyranny was the exact word to describe how people were treated before the Declaration of Independence was established. Colonists under the control of Great Britain were treated unfairly and miserably. Lower classes of people had to pay taxes even though they couldn’t “make a dumpling to feed their hunger.” Higher classes were not threatened as much because they actually had money to take care of their problems. Though the more wealthy colonists had an advantage, there were still conflicts through...
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...According to Edmund Morgan, the people he decided to be included in his book, American Heroes: Profiles of Men and Women who Shaped Early America, were chosen because “The people I have selected here, whether public heroes or simply my favorites, have surprised me in one way or another.”1 Morgan’s definition of a hero is a person “who [goes] their own way against the grain, regardless of custom, convenience, or habits of deference to authority,” and who has an “ability to say no.”2 According to Morgan, then, Anne Hutchinson is such a person who fits this definition. In 1637, following her trial on charges that she “had broken the Law of God,”3 the court and the Massachusetts Bay Colony Governor, John Winthrop, banished Anne Hutchinson for heresy. She was banished three years after she and her family arrived to join the Massachusetts Puritan colony. Morgan considers Anne Hutchinson a hero because she exhibited courage when she stood up for her beliefs in a court of law, before a panel of...
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...similarities between these two value systems. In this way, we will find all the advantages and disadvantages regarding both cultural values, and thus learn those good ones while overcome the shortcomings. This thesis falls into five chapters. In the first chapter, the necessity and significance of the study are introduced. In Chapter Two, some definitions of key terms included in or related to this thesis are presented, including Value, Cultural Value and The Declaration of Independence. Chapter Three mainly concerns the analysis of the text of The Declaration of Independence. By analyzing the text, the main cultural values related are demonstrated as liberty, equality and democracy. Then each cultural value is explained respectively and thoroughly with proper examples. Chapter Four mainly discusses the contradictions and conflicts inherent in those American cultural values, showing that American cultural values is a double-edged sword. The last chapter is the conclusion part which summarizes the whole thesis. Key Words: American, The Declaration of Independence, cultural values Contents Chapter 1 Introduction 1 Chapter 2 Definitions of Related Concepts 2 2.1 Value 2 2.2 Cultural Value 2 2.3 The Declaration of Independence 3 Chapter 3 American Cultural Values reflected in The Declaration of Independence 5 3.1 Liberty 5 3.2 Equality 7 3.3 Democracy 10 Chapter 4 Contradictions and Conflicts 13 Chapter...
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...There Is No Such Thing as Rest There Is No Such Thing as Rest By: Mohamed Jalloh Slavery in some ways is still around even today. When we hire a maid, butler, or a chauffeur in some ways is still slavery. They have to work for us for a certain amount of money, and cook, clean raise our kids, and do the grocery shopping. So really slavery isn’t abolished. Slavery in America began when the first African slaves were brought to the North American colony of Jamestown, Virginia, in 1619, to aid in the production of such lucrative crops as tobacco. Slavery was practiced throughout the American colonies in the 17th and 18th centuries, and African-American slaves helped build the economic foundations of the new nation. The invention of the cotton gin in 1793 solidified the central importance of slavery to the South's economy. By the mid-19th century, America's westward expansion, along with a growing abolition movement in the North, would provoke a great debate over slavery that would tear the nation apart in the bloody American Civil War (1861-65). Though the Union victory freed the nation's 4 million slaves, the legacy of slavery continued to influence American history, from the tumultuous years of Reconstruction (1865-77) to the civil rights movement that emerged in the 1960s, a century after emancipation. The old slave owners used to use their Christianity as a way to justify the way they treated their slaves saying "god told them to do the things they did". Society views...
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...1. When Christopher Columbus reached the New World in 1492, he found a. cultures so primitive that Spain thought the area could not be developed. b. hundreds of cultures with nearly 400 different languages. c. one large, common native culture with basically one language. d. only barren landscape without humans. 2. Spain and Portugal were among the first European nations that e. abandoned the feudal system and adopted democracy. f. accepted the authority of a single hereditary monarch for the entire country. g. adopted an established religion that everyone must honor. h. converted their monetary system to the euro. 3. When Christopher Columbus sailed westward seeking Asia, his goal was to i. carry the Gospel to unsaved peoples throughout the world. j. find new lands for Spain to conquer and exploit. k. locate an all-water route to Lilliputia. l. reestablish trade routes interrupted by the bubonic plague. 4. Traders sought new trading opportunities primarily to have access to m. better medicines to help Europeans conquer the Black Death. n. expanded power and influence in case of the need for additional crusades. o. luxuries such as sugar and spices demanded by the elite. p. staple foods to sustain Europe’s large peasant population. 5. At the time of Christopher Columbus’s first voyage, most Europeans q. acknowledged...
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...contact, there are exchanges of ideas, information, goods… and vocabulary. In ancient times, the Greeks created the concept of democracy, and the word that designates it, was borrowed later by the Latin before being used in English. English draws several words from the vocabulary of French cookery (chef, menu, entrée); the French borrowed musical vocabulary from the Italian (allegro, concerto), but with the birth of industrialisation and of new technologies, most other languages now borrow from English. In countries where more than one language is spoken, the phenomenon of borrowing is very frequent. Those different languages are spoken in very close territories, so that their speakers have contact with each other and by hearing the language of the others, they end up by integrating some words of the other language. Borrowings or loanwords, less numerous than words of the mother language (except with the Creoles) though, are extremely common in the vocabulary of many languages: this is an unconscious process and a constituent factor in the life and evolution of languages. In my essay I will show how necessary are the lexical borrowings to fill the gaps in a native lexicon. To do so I will focus on the reasons that pushed the languages to use loanwords instead of native words and the processes that are used to integrate those new words to a defined vocabulary. I will also discuss briefly the debates that arise in some countries about the real usefulness of these borrowings. ...
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...The voices of freedom that I chose was on the topic of slavery and what the word “freedom” meant. The Union and Confederacy used the same words but different meaning. In a letter, written on April 17, 1861, from Thomas F. Drayton to his brother Percival, an officer in the U.S. Navy, defends his support to the confederacy cause. He was a South Carolina plantation owner and ally for the confederacy succession. He explains that the confederacy is not fighting to defend slavery, instead, it is fighting for their own freedom. Abraham Lincoln was an United States president from the spring of 1861 to spring of 1865 when he was assassinated. He made an address to Sanitary Fair, Baltimore that discussed the different meanings of freedom on April 18,1864....
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...focuses on human needs both material and nonmaterial. By understanding economics we have a better way of understanding and the problems of developing nations. Also stated in the textbook is that central economics problems include different issues on the production of goods and service (Todaro & Smith, P. 26). 5— By understanding development, developing nations can identify the problems and formulate policy to improve people’s wellbeing (Todaro & Smith, P. 5). I think currently nations can’t agree on a rough definition of development because most of them have different approaches, measurements and standards. But I think in the future there might be a working definition that the nations can agree on and orient its strategies accordingly. As the textbook mentions there are three basic components that help understand the meaning of development which are sustenance, self-esteem and freedom (Todaro & Smith, P. 21). 6—The Strictly economic definition of development was inadequate due to not taking into account the factors other the financial or economical. I thought that economic development meant financial growth or the increase in production of goods. An example of a country that is developed economically but still underdeveloped would have to be India because it is producing a lot of goods and services but much of its citizens are living in poverty and there’s still a high inequality between genders. 7—The Capabilities to function help us gain insight into development...
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...language and the list goes on. However, if one were to research the Bahamian past he/she would find that Bahamians never really existed until 1973. One would also become knowledgeable of who Bahamians truly are and how being Bahamian came about. Therefore, Bahamians were not defined by history until the Bahamas had gained independence. When the Bahamas separated from Britain and became an Independent Nation, Laws and Principles were established which stated who a Bahamian is/isn’t and how one could become a Bahamian. Firstly, as stated in the constitution of the Bahamas, Chapter II Citizenship “ Every person who, having been born in the former Colony of the Bahamas Islands, is on 9th July 1973 a citizen of the United Kingdom and Colonies shall become a citizen of the Bahamas on 10th July 1973.” The Bahamas was once a British colony that abided under the British law. According to the Bahamas Government website “The Bahamas achieved independence from Britain [on] July 10, 1973, and [this is when the Bahamas became] a fully self-governing member of the Commonwealth and a member of the United Nations, the Caribbean Community and the Organisation of American...
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...Beginning Before examining the development of any laws in Australia, one must review and accept the irony that, Australia began as a nation of convicts. In the late 18th century, the British empire were being burdened by the increasing number of criminals, convicted of variety of crimes from petty theft, fraud, to even murder. Due to the limited landmass, King George III empowered Captain Arthur Phillip, commander of the First fleet, to sail out to Australia and establish the first British Colonial state on the shores of the new landmass. On 26 January 1788, Captain Arthur Phillip, along with about 700 convicts aboard his 11 fleets, landed at Sydney Cove and marked the beginning of a new colony. As the first governor of Australia, he was the authority of the First Charter of Justice in the new colony. Although the administration of the...
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...people are used to the population of African Americans and feel as if they are just the same. Although slavery was not the greatest time in world history, it did help to shape the present today. Slavery predominantly took place in the Southern America, the southern states to be exact. The dependence on slaves came mostly from the white Americans. They looked at slaves as their servants. "Slave" meaning, by definition, "a person who is the legal property of another and is forced to obey them," we're the servants to those who bought them. They were perceived as dirt, looked down upon by white people. As if they were blank and had no exemplary title to the world. What regions? As slavery patiently escalated to higher and higher levels, slave owners gradually excepted the fact that they needed a new way of trade. They decided to create the triangular trade. The triangular trade consisted of a trade route between Africa(where they retrieve the slaves), Europe (where they bought spices and other trade goods), and finally the English colonies, where they sold the goods they bought in Europe and sold the slaves. Therefore all of the trade routes were overseas. About 20 percent of the slaves died or killed themselves. Contributing to the fact of disease and cancelations Ship conditions: The ships that the slaves rode...
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...World History Dr. Mahdavi History 101 Fall 2012 Study Guide For Mid-Term Examination The examination will consist of 5 essay questions of which one is mandatory to write upon (40 points). You may choose any other two to write about (30 points each) for a total of 100 points 93 - 100 A 73 - 76 C 90 - 92 A- 70 - 72 C- 87 - 89 B+ 67 - 69 D+ 83 - 86 B 63 - 66 D 80 - 82 B- 60 - 62 D- 77 - 79 C+ 59 or below F=0 In reviewing for the examination, focus your study on the following general topics: 1) 1.Examine the centralizing efforts in countries like France, Spain, and England. How and in what ways were they successful? Why was the Holy Roman Empire not as successful as other European states in centralizing power? 1. 2) Examine the career of Martin Luther. 1:What were the foundations of his Reformation? 2: What legacy did he leave Europe? (Bentley & Zeigler, Chap. 23) A: 1: POLITICAL INTRIGUES, COMBINED WITH THE CHURCH’S GROWING WEALTH AND POWER, ALSO FOSTERED GREED AND CORRUPTION, WHICH UNDERMINED THE CHURCH’S SPIRITUAL AUTHORITY AND MADE IT VALNERABLE TO CRITISISM. 2: IT LED TO THE CHURCH REFORM ALONG TO LUTHERS TEACHINGS, WHICH MANY CITIES PASSED LAWS PROHIBITING ROMAN CATHOLIC OBSERVANCES AND REQUIRING RELIGIOUS SERVICES TO FOLLOW PROTESTANT DOCTRINE AND PROCEDURE. 3) Learn about the Scientific Revolution and 1:why the early discoveries of the Scientific Revolution met with such resistance? 2:...
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...Wilsonianism or Wilsonian are words used to describe a certain type of ideological perspectives on foreign policy. The term comes from the ideology of United States President Woodrow Wilson and his famous Fourteen Points that he believed would help create world peace if implemented. A quote shows the basic effort of the Wilsonian movement “The first (and for some the only) defining element of Wilsonianism is the conviction that a leading priority of U.S. foreign policy should be the promotion of democratic government the world around—"national self-determination," as Wilson put it (Wilson, 2000). This means in its most basic definition, the ability of a community to choose its political destiny. Woodrow Wilson also believed that any legitimate government should be derived from the consent of the people it governs. Besides the literal definitions of Wilsonianism, there is much more meaning and context when it comes to the wilsonian movement that the ideology seemed to spark. The fourteen points were the original introduction of the wilsonian ideals, and were brought upon by fear of worsening global relationships, especially with European countries such as Great Britain. The fourteen points speech was given after the U.S. joined the allied powers and joined the World War. After remaining neutral for quite some time, the U.S. was essentially forced into joining the cause and listed out the fourteen points so as to not worsen relations after the war would be complete. The fourteen...
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