The Poisonwood Bible by Nathan Price Essay - 750 Words

The Poisonwood Bible is a book about a man named Nathan Price who takes his wife and four daughters on a mission into the Congo. All of their ups and downs are documented throughout the story. This novel was written by Barbara Kingsolver in 1998. This story was inspired from her own personal trip that her father took her on, to the Congo, where they lived without and water, electricity, and many other necessities. During the time period that this book was being written, a lot of feminist and post-colonial literature was being acknowledged. Feminist literature is both nonfiction and fiction that supports women by defending political, economic and social rights for women. Many works of feminist literature depict strong willed women who†¦show more content†¦[...] Its hard to say which is worse, seeing it run out and waste the water, or seeing it hold in and wreck the shoes(56). This goes to show how sexist Nathan can truly be. All of these examples show the way that women look at men and that the women are noticing that they are being treated wrong. If it were in the perspective of Nathan, or any other man, he would see absolutely nothing wrong in the acts downgrading women. All throughout the book, many of the women are displayed as very hardworking figures who can get by absolutely fine without a man around, which was a main goal in feminist literature. In the story, Leah says, â€Å"Congolese men didnt treat their own wives and daughters as if they were very sensible or important. Though as far as I could see the wives and daughters did just about all the work† (229). This is a way that Kingsolver depicts women as the harder working figures, because all throughout the book, the men do almost nothing and the women do everything. After Orleanna and the daughters have all left and decided to never come back, Leah says, â€Å"With no men around, everyone was surprisingly lighthearted† (390). This is her way of saying that now that they were f inally away from Nathan, they finally felt free and happy. These examples show how little the men did, and how the women could get along just fine without them in their lives. Another feminist writing characteristic conveyed throughout the story is the actShow MoreRelatedForgive and Forget in The Poisonwood Bible by Nathan Price Essay1516 Words   |  7 Pagesperson that had to be forgiven was themselves? In the Poisonwood Bible by Barbara Kingsolver, the story is told through multiple points of view. Each member of the Price family is noticeably different, and each have their own inner demons. As each character is unlike, the way they handle their guilt, and search for forgiveness are also different. Some characters like Orleanna Price are forgiven by the end of the novel, and others, such as Nathan Price are not as fortunate. In this story the biggest conflictsRead MoreCultural Morality: Comparative Analysis between a Fine Balance and the Poisionwood Bible1322 Words   |  6 PagesCultural Morality Comparative Analysis between A Fine Balance and the Poisionwood Bible Cultural relativism really emphasizes the concept that each individual cultural belief differs from one societal class to another; in consequence, moral and ethical principles are related to what a certain culture perceives to be considered acceptable or unacceptable, right or wrong. Jack Donnelly, a teacher at the University of Denver, he states, when internal and external judgments of a practice divergeRead MoreThe Poisonwood Bible By Barbara Kingsolver1142 Words   |  5 PagesThe Poisonwood Bible Nowadays, in today’s society, survival is considered the basic instinct of all humans. Commonly defined as the state of â€Å"continuing to live or exist, in spite of an accident, ordeal or difficult circumstance,†(Dictionary) survival teaches us the will to succeed and face adversity despite the challenges and obstacles we may encounter along the way. In Barbara Kingsolver’s novel â€Å" The Poisonwood Bible,† there is a central theme of survival. Whether it includes finding suppliesRead MoreComparing Poisonwood Bible And Taming Of The Shrew1443 Words   |  6 PagesVictoria Bourikas Mrs. Waldorf Women in Literature 16 January 2014 Male and Female Characters in Poisonwood Bible and Taming of the Shrew The Poisonwood Bible and Taming of the Shrew are two works of literature that . The Poisonwood Bible, written by Barbara Kingsolver, is a story about the Price family’s journey deep into the heart of the Congo on a mission to save the unenlightened souls of Africa. Nathan Price, the Baptist minister responsible for moving his family, lives solely by his own rigid andRead MoreAnalysis of Book Titles in the Poisonwood Bible Essay1313 Words   |  6 PagesBook Titles Genesis Just like the first book in the Bible, the first book of The Poisonwood Bible is named Genesis. As well as the beginning, Genesis can also mean rebirth. When characters arrive in the Congo they realize the things they brought with them are changed by Africa and can no longer be as they once were. In this way, Genesis symbolizes the process of becoming their new selves. For instance, the first chapter in The Poisonwood Bible, narrated by Orleanna, strongly shows the guilt thatRead MoreChristian Missionaries Essay1240 Words   |  5 Pagesparticular have struggled in their efforts to convert indigenous people. Simply bringing the Word of God, as Nathan Price does in The Poisonwood Bible, was and is not possible. With a conversion of faith comes an adoption of customs, morals, lifestyles, and even political views. Even though young Leah Price says that the Word of God weighed nothing, it was actually the heaviest burden the Price family carried with them on their journey. Every m issionary who has brought the Word of God to the CongoRead MoreThe Poisonwood Bible By Barbara Kingsolver1732 Words   |  7 PagesThe Poisonwood Bible 1998 Historical Fiction Characteristics: Unique location, Primitivism, different ways of speaking and racial views Barbara Kingsolver Barbara Kingsolver, born in 1955, grew up in Kentucky and lived in many different countries such as : England, France, and Canary Islands. She attended Debauw University and University of Arizona where she earned a biology degree. Kingsolver now is a beloved author of eleven books and has been named the most important author of the twentieth centuryRead MoreCompare And Contrast A Doll House And The Poisonwood Bible1604 Words   |  7 Pagesselfishness is revealed. Nora leaves him, recognizing their marriage as unequal. Barbara Kingsolver’s The Poisonwood Bible is set thousands of miles away in the Congo compared to the northern European setting of A Doll House, where the Price family newly settles in as Christian missionaries, headed by husband and father, Nathan Price. The Poisonwood Bible follows four main characters, the Price girls, Rachel, Leah, Adah, and Ruth May. The family is driven apart by inner familial conflict, heightenedRead MorePoisonwood Bible Summer Reading Assignment2010 Words   |  9 PagesFax Victor AP English Literature and Composition Ms. Elder The Poisonwood Bible Summer Reading Assignment August 12, 2014 The Poisonwood Bible 1. Barbara Kingsolver explores a quest in her novel â€Å"The Poisonwood Bible†. The criteria of a quest consist of a quester, a destination, a purpose, challenges, and reasons for the quest. In this instance the quester is Orlenna Price whom demonstrate guilt consistently. Orlenna is going there to accompany her husband, who is seeking to convert othersRead MoreThe Power of Women1242 Words   |  5 PagesWhat is a woman to men? Women are objects of possession to the inferiority of all men. The woman has always been the lower level of power between the two sexes, male and female. In the two books Wuthering Heights by Emily Bronte and in The Poisonwood Bible by Barbara Kingsolver, the power and voice of the women become inferior to the one of the men. The women in both books are able to overpower the men with their own voice, women not only carry the will to do so but are prominent to be as equal as

The Effect Of The Middle Eastern Conflict - 1290 Words

In October of 1973, a short war between Israel and its regional neighbors, Egypt and Syria, nearly brought the United States and the Soviet Union to the brink of war. The dramatic effect the middle eastern conflict had these two superpower’s relationship is both surprising and concerning. Prior to the Cuban Missile Crises of 1962, a series of threats between the Soviet Union and the United States created distrust and fear between the two countries. Additionally, a large imbalance in power contributed to Soviet feelings of vulnerability which led to Khrushchev’s decision to employ missiles in Cuba. However, conditions were very different on the onset of the Yom Kippur War. In the years preceding the war, strategic vulnerability, was no†¦show more content†¦Rational Actor Model assumes that actions that are undertaken by countries are calculated solutions to strategic problems. Behaviors of states are purposive and goal-directed. Therefore, when countries engage in foreign diplomacy they attempt to make the best choice that is available. For this reason, when studying the behavior of states through RAM, it is important to ask why a specific country believed a certain choice would be in their best interest, considering the information and options that were available to them at the time. When applying RAM, we assume that that the decision makers are rational and will make choices that are in their best interest. However, since the decision-making abilities of states are limited, rational actors will often make mistakes. Herbert Simon differentiates between two types of rationality; comprehensive and bounded rationality. In comprehensive rationality, the actor can evaluate all the alternatives to every decision and, therefore, could manage to consistently take the best course of action. In contrast, bounded rationality recognizes that the decision-making capabilities and knowledge available to the decision maker are always limited. No governme nt or country has full sight during their decision-making process, or the luxury of having access to all relevant information. For this reason, when an actor misperceives a situation and makes a poorShow MoreRelatedEffects Of The Middle East And Eastern Europe1097 Words   |  5 PagesWar I: The Effects in the Middle East and Eastern Europe War World I, otherwise known as the â€Å"Great War,† was a devastating ordeal for the people of the world, who faced the repercussions of the war. The war was started with ideas of nationalism, patriotic feelings, which can be unifying, however it can turn nations against each other as well. During the war, in the years of 1914-1918 and the years after it leading to the Second World War, the occupation of the regions in the Middle East and EasternRead MoreMilitary Spending1636 Words   |  7 Pagescountry only have one. To buy it, everybody in this country should dig their pocket. This product is named military spending. With the large amounts of research and the development of high technology weapons, regional warming of local wars, armed conflicts, and intensified arms race, the series of a new arms race, military deployment and new high-growth military spending boost are being performed on the international stage. However, governments are concerned about seeking â€Å" peace via war†. As the armsRead MoreU.s. National Security Strategy Essay1562 Words   |  7 Pagesâ€Å"Climate change is an urgent and growing threat to our national security, contributing to increased natural disasters, refugee flows, and conflicts over basic resources like food and water.† These words from the U.S. National Security Strategy show the United States is moving forward on addressing the challenges posed by climate change. The Department of Defense published the 2014 Climate Change Adaption roadmap establishing three overarching goals and four lines of effort to guide geographicRead MoreI INTRODUCTION A. BACKGROUND INFORMATION The impact of the dark ages had a1000 Words   |  4 PagesIt was a time when the emergence of new civilizations lead to conflict. â€Å"Invasions† of entire peoples and military expeditions were the largest contributors of these conflicts. Since there were no taxes it left no one to defend against this tyranny. The during this time the plague was breaking out in Constantinople as well. The fall of Rome was from constant conflict with barbarians, this during the migration period various groupsRead MoreThe Effects of the Iranian Hostage Crisis1117 Words   |  5 Pagesreceived the most coverage of any major event since World War II. It was one of many problems faced in light of the United State’s complex relationship with Iran. The effects on both the US and Iran were astronomical, especially politically as well as economically and socially. It took a heavy toll on American relations with the Middle East and changed the way we engage in foreign affairs. In light of this crisis, Iran started an international war that we are still fighting thirty-two years later.Read MoreThe Beginning to World Instability: World War I956 Words   |  4 Pageschanges in Europe and the Middle East, the Treaty of Versailles with its political and economic impact on Germany, and fear over the installation of Russian communism were among the negative legacies of World War I. Combined they would contribute to an unstable geopolitical climate inevitably leading to future world conflict. The European and Middle Eastern map changes ushered in by the Allied victors at the end of World War I were punitive and had an unfortunate effect on future world stabilityRead MoreWestern Media And Its Coverage Of Terrorism1155 Words   |  5 PagesEarth. This is the same principle that follows Western media and their coverage of terrorism. The U.S. media continues to remain loyal to a deceitful standard of terrorism, presenting the entire country with an invalid perception of terrorism in the Middle East. This coverage reaches all demographics nation wide and raises a misguided population. America is a democratic society where the power is vested in it’s people. It is imperative that we educate our nation to be globally contestant and accuratelyRead MoreU.s. Relations With Arab Nations Essay1554 Words   |  7 PagesIntroduction U.S. relations with countries in the Middle East remain to be a point of great interest due to the geopolitical atmosphere and security. The vast number of resources both in the Middle East and the United States provide a point of common ground to build peaceful relations through trade. International trade is an extremely important tool within the global community as it helps to build relations. In order to aid in building trust with Arab Nations, the United States must rely on moreRead MoreWar Againsts Iraq: The Media, Its Portrayal of the War and the Effect of Its Perspective1374 Words   |  6 Pageson many fronts. The media has taken the lead on shaping public opinion on both sides of the war, that is, the US or rather North America and the Middle East. It is a fact that citizens get to understand an issue such as the Iraq war through the perspective of the media (Al-Rawi, 2013). This paper focuses on the media, its portrayal of the war and the effect of its perspective. North American Media’s Portrayal on the Iraq War The Bush administration claimed that they intended to protect the AmericanRead MoreThe United States And The Islamic State Of Iraq1080 Words   |  5 PagesSuccessful nations allow conflict to arise within and outside of the nation. War is the offspring of such political intercourse. The intention to gain power and control serve as enablers for national and international wars. Attaining power and control expand potential competition from a regional to a global level. The United States have involved itself in such terrorists attacks due to the desire to possess such resources, power and control. The Islamic State of Iraq also commonly known as ‘ISIS’

Customary Law free essay sample

Adediji (Reader) an erudite scholar of the law, who practically gave the entire outline of the course that this research must sail (table of content) To display my scholastic content I have laid it on myself to provide nine court decided cases relating to customary law in addition to the original task required of me by my amiable lecturer. In addition, this research shall also identify limitations of customary law and also proffer workable recommendations that are potent to assail the problems confronting customary law in Nigeria. Hon Justice Narebor (1993) gave a definition of customary law to be: a rule of conduct which is customarily recognized adhered to and applied by the inhabitants of a particular community in their relationship with one another within or outside the particular community and which has obtained the force of law, in that non-compliance with the rule or custom in question attracts adjudication and possible sanction. The definition above bears close resemblance to that given by Allen (1939) while analyzing the Gold Coast Colony Native Administration Ordinance 1927. Said he, Native customary law means a rule or a body of rules regulating rights and imposing correlative duties, being a rule or a body of rules which obtains and is fortified by established native usage and which is appropriate and applicable to any particular cause, action, suit, matter, disputes, and includes also any native customary law recorded as such †¦ When the two definitions given above are seriously considered, it will be detected that customary law consists of customs accepted by people in a community as binding among themselves. Customary law according to Mukoro (2004) while speaking about the Evidence Act of Nigeria Section 2, sub-section 1 of 1990 said that customary law is the rule in a particular area that has attained the force of law due to prolong usage. Both Elias (1977) and Badaiki (1997) see customary law as a body of customs, accepted by members of a community as binding upon them. In summary therefore customary law possesses the following characteristics: 1. A mirror of accepted usage or culture of the people that observe it 2. Flexible (elastic), organic (not static), regulatory and a living law of the indigenous people subject to it 3. Largely unwritten – either wholly or partly unrecorded 4. Long and unvarying habits and in existence at the material time, not dead ashes or customs of by gone days. 5. Accepted as a custom of universal application and enjoying the assent of the community, etc From the above characteristics, it is obvious that customary law is of a varying nature, the source of customary law is majorly from custom through human being. The anthropomorphic nature of this source therefore necessitates the fact that customary law vary across space and time. It is therefore important that every custom that shall parade itself as law must pass the following tests in which failure in one is failure in all†¦ for the test that states that one also state all. (a) The Repugnancy Test: The repugnancy test of the evidence Act of the laws of Nigeria states that a court should not enforce as law a custom which is repugnant to natural justice, equity and good conscience. Therefore, no customary law should obstruct the rules of natural justice like the right to be heard, liberty and freedom of association. b) Incompatibility with Local Enactments: Although it has been established that both statutory enactments and customary laws are sources of law in Nigeria, the â€Å"incompatibility test† has undoubtedly ranked local enactments above customary law. This means that customary law which is not compatible with any existing enactment ought not to be enforced by the courts. The argument is that existing customary laws must not be incompatibl e with any written law (Obilade 1991). (c) Public Policy Test: This means that a custom shall not be enforced if it is contrary to public policy. Proof may grow more difficult because custom, as a question of fact, does not depend on judicial reasoning and activism. It must be proved by strong evidence. The burden of proof lies on those who assert that a particular customary law exists. The role of the court is simply to accept or reject it. The following are prominent asserters of customary laws: 1. Expert evidence and opinion e. g. evidence of Kabiyesi, Offor, or Oba, Emir or native chiefs who possess special knowledge of the subject matter. 2. Evidence of credible witnesses e. g. vidence of persons who are sufficiently acquainted with the custom. 3. Assessors: Persons with local knowledge and duly appointed assessors may assist with their knowledge. 4. Writers: Text books, manuscripts that are recognized by the subject people may be used in evidence. 5. Judicial Notice. The evidence Act provides that custom may be established as judicially noticed or evidence may be called to establish what a custom is and the existence of such a custom and to show that persons or a class of persons concerned in the particular case regard the custom as binding upon them. Customary law consists of customs that are accepted as legal requirements or obligatory rules of conduct; practices and beliefs that are so vital and intrinsic an 4 art of a social and economic system that they are treated as if they were laws. It is not enacted but grows or develops with time. It expresses itself not in a succession of words, but in a course of conduct. It has no definite authors; there is no person or defined human agency one can praise or bless for its being good or bad (L. Fuller, 1968). Every customary law was once a custom; it is not every custom that is customary law. The reason is that customary law has certain unique features. They also have their problems. It is a matter of fact to be proved by strong evidence unless it is already judicially noticed. A custom or taboo becomes law if it is: In existence from time immemorial (i. e. or as at 1189) Exercised continuously within that period Exercised peaceably without opposition Obligatory Capable of precise definition Consistent with other customs Reasonable. From the foregoing, it is therefore clearly stated far from the grasp of doubt that no one and nobody can take the glory for making customary laws but such laws self-generate in the course of time through culture and other particles that form the way of life of the people. Rules, norms and conventions develop in response to exogenous shocks through a natural process of selection and evolution; such that leaders of the people to whom the honour of making of customary laws is accorded does nothing more than assert the laws that they did not make. Touching the application of customary laws, I should quote the words of Osborne C. J: â€Å"the court cannot by itself transform a barbarous custom into a milder one. If it still stands in its barbarous character, it must be rejected as repugnant to natural justice, equity and good conscience. † At this point I would love to make some diversion from the heading of this segment. I believe that this heading (examples of customary laws) su ggests the application of customary laws to various aspects of life. It must be noted that no singular researcher can exhaust the entire sphere wherein the tentacles of customary law have gained relevance; with this understanding therefore, it has to be specified the extent of the scope of this research as touching the matter in question. In a nutshell the scope shall extend only to the following areas of life with reference to certain regions precisely Yoruba, Igbo, and Hausa. â€Å"Customary law is rooted in the history, tradition and culture of the people that sometimes it is interchangeably used with custom†. a) Land holding in various parts of Nigeria. b) Inheritance. c) Marriage. A. LAND HOLDING The case of land holding is one of the cruxes in which local government through bye-laws and traditional rulers through customary laws have been made to resent each other the most. This is as a result of the inconsistent provisions of the constitution: beginning with the 1979 constitution that made the matters of local government in Nigeria a federal matter provided for local government to in charge of land which was and still is under the jurisdictions of the traditional rulers. This issue degenerated into a big fight and it didn’t come as a surprise to many why the good 1976 local government reform failed. However, the 6 government through the military in 1984 tried to correct this anomaly by rolling out another reform (Dasuki Report) that can accommodate the traditional rulers. All of these arguments notwithstanding, the land use act of 1978 section 1 subsection 1 which the constitution also recognizes states that â€Å"all Lands belong to the government. † However, customary adjudication is not based on rules and laws in the same way that formal legal systems are structured. Customary practices are fluid because they are socially embedded and are based on evolving local social and political relations. The custom provides that the land is not a personal property but can be owned only by family, to be administered by the head of the family and on no occasion can such land(s) be transferred. Also custom is also in accordance with Quid Quid Plantatur Solo Solo Cedit i. e he that owns the land owns all the things on the land even to the skies and beneath the land. B. INHERITANCE It is significant to observe that lives of a majority of Nigerians are governed by customary laws. Not surprisingly about 80% of disposition of property are settled under customary law. The fact that many states do not have appropriate laws to deal with intestate succession has also increased the application of customary laws in distribution of real and personal property. Since customary laws are generally heavily weighted against women, their rights of inheritance suffer unduly in the face of systematic gender discriminatory and oppressive rules. It should be noted that customary laws recognize the will provided by the deceased, which brings us to the classification of inheritance into categories under customary law: the testate and the intestate inheritance. THE YORUBA SYSTEM Generally, under the Yoruba customary law, it is the children of the deceased, whether male or female, who are entitled to succeed to the deceased father’s property on his death intestate to the exclusion of other relations. 7 The property is shared among the children, either equally per capita (â€Å"-ori jori†) or per stipe (â€Å"idi-igi†) where the deceased man has more than one wife. In Sule vs. Ajisegiri, it was held that the partition must be equally between those entitled regardless of sex. Thus, the defendant’s claim that being a male he was entitled to a larger share was rejected. In contrast, a wife has no right of inheritance in her deceased husband’s estate. Under customary law marriage, the widows form part of the estate of their husband. As Jibowu, F. J. observed in Suberu vs. Sunmonu â€Å"It is a well settled rule of native law and custom of the Yoruba people that a wife could not inherit her husband’s property since she herself is, like a chattel, to be inherited by a relative of her husband†. The Administration of Estate Law 1958 applicable to the whole Yoruba land, which gives spouse’s right to succeed to each other’s property, does not apply to persons subject to customary law. THE IGBO SYSTEM In the vast majority of Igbo communities, the family grouping is strictly patrilineal. Thus, inheritance is based on the principle of primogeniture; that is, succession by the eldest son, known as â€Å"Okpala† or â€Å"Diokpa†. Where the deceased is a polygamist and has many sons from several wives, the eldest sons of each of the wives may take part in sharing of the intestate. However, daughters and wives have no right to succession to their father’s movable and immovable property. As has been stated: â€Å"Personal property including wives and slaves descends to the eldest son as heir, or failing a son, to the oldest brother or male relative† Basically, wives do not inherit because of the customary notion that women are property and, therefore, object of inheritance themselves. A long line of authorities has firmly established this principle. In Nezianya vs. Okagbue, the Supreme Court of Nigeria, held that: â€Å"Under the native law and custom of Onitsha, a widow’s possession of her deceased husband’s property is not that of a stranger and however long it is, it is not adverse to her husband’s family and does 8 ot make her owner; she cannot deal with the property without the consent of his family. She cannot by the course of time claim the property as her own, if the family does not give their consent, she cannot it would appear, deal with the property. She has, however, the right to occupy the building or part of it, but this is subject to good behaviour. Further, the court stated that no equity arose in the widow’s favour through her long possession, it having been acquired by her qua member of her husband’s family with consent (actual or implied) of his family†. Daughters, like wives, do not inherit under Igbo customary law. The only situation where a daughter can inherit is where, for example, she chooses to remain unmarried in her father’s house with a view to raising children in the father’s home. This is known as â€Å"nrachi† or â€Å"Idegbe† institution. It usually happens when a man left on death a substantial estate, but no surviving sons or other male issue of the lineage to inherit it. The idea behind this practice is to save the lineage from extinction. The daughter, as an â€Å"idegbe† or â€Å"nrachi† is entitled to inherit both movable and immovable property of her deceased father’s estate. The legal interest vests in her until she gives birth to her own children.

The United States Supreme Court Marbury v Madison

Introduction The case of Marbury v Madison 5 U.S 137 (1830) is one of the most notable cases in the United States. Over the years, scholars have presented varying views concerning the validity of judicial review as one of the roles of the Supreme Court and its effect on separation of powers between the judiciary and congress.Advertising We will write a custom essay sample on The United States Supreme Court: Marbury v Madison specifically for you for only $16.05 $11/page Learn More Justice Robert H. Jackson underscores the dilemma that the judicial review process creates by granting the judiciary power to nullify laws passed by the representative body of the government thus limiting the power of the majority to govern the country. On the other hand, judicial review provides an avenue through which the judiciary provides checks and balances for the legislature, thus ensuring adherence of laws to the constitution. Constitution makers in the United States ch oose the limited majority rule option as their preferred ideology. This paper explores arguments by Lawrence Baum and Timothy Johnson on the validity of this choice. The authors discuss issues regarding the decision making process in the Supreme Court and its effects on legislative policies. In my opinion, limited majority rule benefits all branches of government as well as the people that the institutions serve. It also ensures that members of congress enact policies that address the needs of the American society as opposed to personal needs of the lawmakers, thus making it the better option of the two choices as explained in this paper. Arguments in support of limited majority rule Lawrence Baum in his book, The supreme Court, explains that the one of the main issues generating controversy with regarding the role of the Supreme Court is the fact that the role grants the court the ability to nullify laws made by congress. In his defense of the implementation of judicial review, he draws attention to a distinction between the will of the majority in reference to the society and the will of the majority in reference to the members of the legislature. He states that most of the scholars who present opinions against judicial review often overlook the difference between the two concepts of the term majority in their analysis of situations. In his opinion, statutes that fail to comply with the constitutional provisions often represent the will of the majority in terms of members of the legislature and note with reference with the American people (Baum 32). He states further that in cases when the will of both the society and members of Congress is evident the Supreme Court often grants its support through its decisions.Advertising Looking for essay on constitutional law? Let's see if we can help you! Get your first paper with 15% OFF Learn More However, during instances when it is evident that the will of the majority only represents the will of the r epresentatives of the people and not the people themselves, the judicial review creates a threshold where the courts can protect the interests of the American people by limiting the power of the majority (Baum 38). In the case of Marbury v Madison, the court gave its reason for dismissal of the petition as repugnancy of the statute, which provided the basis for the petition. In the case, President John Adams appointed William Marbury Justice of the Peace for the District of Columbia. It was the duty of the Secretary of State at the time, James Madison, to deliver the commission to Marbury. However, Madison refused to deliver the commission, thus prompting Marbury to petition to the Supreme Court seeking orders to force Madison to deliver the commission although the court found that Madison acted unlawfully by failing to deliver the commission, it ultimately ruled against Marbury. he court found that the provision of the Judiciary Act, under which Marbury had petitioned, was unconsti tutional as it extended the court’s original jurisdiction established under Article III of the constitution. The article established the judicial branch as well as powers the branch should exercise. The court dismissed the petition and explained that it had no obligation to abide by a statute made by Congress that made provisions contrary to those of the constitution. Chief Justice John Marshall found the provisions of the statute to be repugnant and thus inadmissible in determining the case. An analysis of the case with Baum’s argument on the entity constituting the majority reveals that judicial review in this case limited the rule of the members of Congress rather than the American people. Baum defends the limitation of majority rule in this case by stating that the court also plays the role of defending the integrity of the constitution as part of its implementation. According to Baum, the constitution forms the fundamental law that lays ground for the generation o f the rest of the laws in any society. In his analysis of the issue, he adds that the constitution represents the fundamental policies that define a society and govern its existence. Therefore, any other policies that fail to comply with the provisions of the constitution fail in their representation of the majority (Baum 60). In his perspective therefore, nullification of such statutes by courts results in the protection of the will of the people rather than its limitations. According to this justification, judicial review limits majority rule in instances when the majority is an entity other than the American public and is thus legitimate.Advertising We will write a custom essay sample on The United States Supreme Court: Marbury v Madison specifically for you for only $16.05 $11/page Learn More One of the arguments that lawmakers have advanced against this perspective of the majority rule is that the legislature acts as a representative entity of the people in government and therefore the statues it enacts represent the will of the people. Baum expounds that even though the legislature represents its electorates, the decisions individual members of Congress make are sometimes indicative of personal interests and go against the constitutional provisions. He insists that the court’s mandate regarding judicial review operates principally according to the constitutionality of a statute (Baum 65). Another argument that some scholars advance against the limitation of majority rule is that courts use judicial review to dictate laws and create opportunities for the creation of other laws favorable to the institution. This argument stems out of the premise that some of the methods that the judiciary uses to interpret statutes allow it to overstep its mandate and assume the power of the legislature. Such scholars note that one of the defenses the judiciary gives for such action is the absence of legislative provisions on some issue s and vagueness in others. They add that by limiting the majority rule, the courts encourage the persistence of such inadequacies and subsequently create an environment that allows them to ‘create’ laws through case law and manipulate the direction in which Congress creates laws. For instance Timothy Johnson, author of Oral Arguments and Decision Making in the United States Supreme Court, mentions the application of precedents as one of the methods judges of the Supreme Court apply when interpreting statutes and making decisions. He explains that the application of the principle of precedents in case law requires judges of the Supreme Court to consider decisions the court has made in the past, exhibiting similar facts under similar circumstances. In most cases, lawyers also use this principle to support their cases and make compelling arguments (Johnson 43). Although the argument bears some truth, it is critical to appreciate that judicial review seeks not to curtail th e ability of the legislature to make laws, but it only prevents the application of repugnant statutes due to their unconstitutionality. Johnson explains that even though the Supreme Court sometimes bases some of its decisions on case law, it collectively considers other factors including statutory law.Advertising Looking for essay on constitutional law? Let's see if we can help you! Get your first paper with 15% OFF Learn More He adds that case law often serves to clear doubts regarding the application of certain statutory provisions in cases where the provisions bear more than one meaning (Johnson 52). Baum’s contribution regarding the use of case law in decision-making is that it creates some uniformity and eliminates the possibility of contradictory application of the law by the Supreme Court. In fact, the element of predictability in the application of case law makes the formulation of statutory laws easier as it allows lawmakers to spot gaps in legislative provisions and make appropriate changes, constitutionally. He emphasizes that the Supreme Court cannot make laws and thus relies on the input of Congress in rectifying statutory inadequacies (Baum 72). In cases where Congress fails to identify such gaps in legislation, the courts continue to use case law. It is also important to note that the inception of case law applicable as precedents always relies on existing laws. Any substantial alter ation in the statutory provisions on which such case law is founded elicits formulation of new case law, which incorporates the current changes. The old cases only serve to persuade the court on points of law. Conclusion It is worth noting that the judiciary’s power to nullify laws passed by Congress only runs to the extent of the unconstitutionality of such laws. This provision ensures that the judiciary also stays within its mandate and does not extend its mandate to include making laws through disapproval of laws that do not appeal to the institution’s interests. Although limitations of majority rule through judicial review lacks codification or universal acceptance, the application of the concept depends on the jurisdiction and regarding this case warrants acceptance in the United States. The power of judicial review exists in the American constitution as one of the roles of the judiciary, thus eliminating the need for elements such as international acceptance and statutory inclusion. In addition, the concept of separation of power requires each branch of government to keep the other in check to avoid misuse of power, and thus the legislature should not be an exception based on the simple view of its representation of the people. The limited majority rule is thus a valid and important concept with which all branches of the American government under the American constitution should comply, regardless of the arguments some scholars present against the idea. I chose the limited majority rule as my preferred option as the concept prevents the possibility of moral hazard and protects the interests of both the majority and the minority classifications of the populations that leaders represent. Works Cited Baum, Lawrence. The Supreme Court, Washington, DC: Congressional Quarterly Press, 2012. Print. Johnson, Timothy. Oral Arguments and Decision Making in the United States Supreme  Court, New York: State University of New York Press, 2011. Print. This essay on The United States Supreme Court: Marbury v Madison was written and submitted by user The Watchers to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.