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प्रश्न
Read the given passage carefully and choose the most appropriate option to the questions given below.
The World Trade Organisation (WTO) was created in the early 1990s as a component of the Uruguay Round negotiation. However, it could have been negotiated as part of the Tokyo Round of the 1970s, since negotiation was an attempt at a ‘constitutional reform’ of the General Agreement on Tariffs and Trade (GATT). Or it could have been put off to the future, as the US government wanted. What factors led to the creation of the WTO in the early 1990s?One factor was the pattern of multilateral bargaining that developed late in the Uruguay Round. Like all complex international agreements, the WTO was a product of a series of tradeoffs between principal actors and groups. For the United States, which did not want a new organization, the disputed settlement part of the WTO package achieved its longstanding goal of a more effective and more legal dispute settlement system. For the Europeans, who by the 1990s had come to view GATT dispute settlement less in political terms add more as a regime of legal obligations, the WTO package was acceptable as a means to discipline the resort to unilateral measures by the United States. Countries like Canada and other middle and smaller trading partners were attracted by the expansion of a rulebased system and by the symbolic value of a trade organization, both of which inherently support the weak against the strong. The developing countries were attracted due to the provisions banning unilateral measures. Finally, and perhaps most important, many countries at the Uruguay Round came to put a higher priority on the export gains than on the import losses that the negotiation would produce, and they came to associate the WTO and a rulebased system with those gains. This reasoning – replicated in many countries – was contained in U. S. Ambassador Kantor’s defense of the WTO, and it announced to a recognition that international trade and its benefits cannot be enjoyed unless trading nations accept the discipline of a negotiated rulebased environment.A second factor in the creation of the WTO was pressure from lawyers and the legal process. The dispute settlement system of the WTO was seen as a victory of legalists but the matter went deeper than that. The GATT, and the WTO, are contract organizations based on rules, and it is inevitable that an organization creating a further rule will, in turn, be influenced by legal process. Robert Hudee has written of the‘momentum of legal development’, but what is this precisely? Legal development can be defined as promotion of the technical legal values of consistency, clarity (or certainty) and effectiveness; these are values that those responsible for administering any legal system will seek to maximize. As it played out in the WTO, consistency meant integrating under one roof a whole lot of separate agreements signed under GATT auspices; clarity meant removing ambiguities about the powers of contracting parties to make certain decisions or to undertake waivers; and effectiveness meant eliminating exceptions arising out of grandfatherrights and resolving defects in dispute settlement procedures and institutional provisions. Concern for these values is inherent in any rulebased system of cooperation since without these value rules would be meaningless in the first place, therefore, create their own incentive for fulfillment.The moment of legal development has occurred in other institutions besides the GATT, most notably in the European Union (EU). Over the past two decades, the European Court of Justice (ECJ) has consistently rendered decisions that have expanded incrementally the EU’sinternal market, in which the doctrine of ‘mutual recognition’ handed down in Cassis de Dijon case in 1979 was a key turning point. The court is now widely recognized as a major player in European integration, even though arguably such a strong role was not originally envisaged in the Treaty of Rome, which initiated the current European Union. One means the Court used to expand integration was the ‘teleological method of interpretation’, whereby the actions of member states were evaluated against ‘the accomplishment of the most elementary goals set forth in the Preamble to the (Rome) treaty. The teleological method represents an effort to keep current policies consistent with stated goals, and it is analogous to the effort in GATT to keep contracting party trade practices consistent with slated rules. In both cases, legal concerns and procedures are an independent force for further cooperation.In the large part, the WTO was an exercise in consolidation. In the context of a trade negotiation that created a nearrevolutionary expansion of international trade rules, the formation of the WTO was a deeply conservative act needed to ensure that the benefits of the new rules would not be lost. The WTO was all about institutional structure and dispute settlement: these are the concerns of conservatives and not revolutionaries, that is why lawyers and legalists took the lead on these issues. The WTO codified the GATT institutional practice that had developed by custom over three decades, and it incorporated a new dispute settlement system that was necessary to keep both old and new rules from becoming a sham. Both the international structure and the dispute settlement system were necessary to preserve and enhance the integrity of the multilateral trade regime that had been built incrementally from the 1940s to the 1990s.
The most likely reason for the acceptance of the WTO package by nations was that:
विकल्प
They recognized the need for a rulebased environment to protect the benefits of increased trade.
Its rule-based system leads to export gains.
It has the means to prevent the US from taking unilateral measures.
It settles disputes more legally and more effectively.
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उत्तर
They recognized the need for a rulebased environment to protect the benefits of increased trade.
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संबंधित प्रश्न
In 1954, a Bombay economist named A.D. Shroff began a forum of free Enterprise, whose ideas on economic development were somewhat at odds with those then influentially articulated by the Planning Commission of the Government of India. Shroff complained against the 'indifference, if not discouragement, with which the state treated entrepreneurs.
At the same time as Shroff, but independently of him, a journalist named Philip Spratt was writing a series of essays in favour of free enterprise. Spratt was a Cambridge communist who was sent by the party in the 1920s to the foment revolution in the subcontinent. detected in the act, he spent many years in an Indian jail. The books he read in the prison, and his marriage to an Indian woman afterward, inspired a steady move rightwards. By the 1950s, he was editing a pro-American weekly from Banglore, called mysIndia. there he inveighed against the economic policies of the government of India. These, he said, treated the entrepreneur 'as a criminal who has dared to use his brain independently of the state to create wealth and give employment’. The state’s chief planner, P.C. Mahalanobis had surrounded himself with Western leftists and Soviet academicians, who reinforced his belief in 'rigid control by the government overall activities’. The result, said Spratt, would be `the smothering of free enterprise, a famine of consumer goods, and the tying down of millions of workers to soul-deadening techniques.'
The voices of men like Spratt and Shroff were drowned in the chorus of popular support for a model of heavy industrialization funded and directed by the governments. The 1950s were certainly not propitious times for free marketers in India. But from time to time their ideas were revived. After the rupee was devalued in 1966, there were some moves towards freeing the trade regime and hopes that the licensing system would also be liberalized. However, after Indira Gandhi split the Congress Party in 1969, her government took its `left turn’, nationalizing a fresh range of industries and returning to economic autarky.
Select the statement that best captures the purpose of the passage:
In Mann Joseph's debut novel Serious Men, the protagonist, Ayyan Mani, is a U1, scheming Dalit-Buddhist who almost gets away with passing off his partially deaf son, Adi, as a prodigy, a genius who can recite the first 1,000 prime numbers. The garb of satire-where almost every character cuts a sorry figure-gives the author the licence to offer one' of the most bleak and pessimistic portrayals of urban Dalits. Despite his savage portrayal of Dalit (and Female) character-or perhaps because of it? - Serious Men has won critical appreciation front a cross-section of readers and critics.
At a time when a formidable body of Dalit literature - writing by Dalits about Dalit lives- has created a distinct space for itself, how and why is it that a novel such as serious Men, with its gleefully skewed portrayal of an angry Dalit Man, manages to win such accolades? In American literature and particularly in the case of African-American authors and characters-these issues of representation have been debated for decades. But in India, the sustained refusal to address issues related to caste in every life and the continued and unquestioned predominance of a Brahminical stranglehold over cultural production has led us to a place where the non-Dalit portrayal of Dalits in literature, cinema and art remains the norm.
The journey of modem Dalit literature has been a difficult one. But even though it has not necessarily enjoyed the support of numbers, we must engage with what Dalit are writing not simply for reasons of authenticity, or as a concession to identity politics, but simply because of the aesthetic value of this body of writing, and for the insights, it offers into the human condition. In a society that is still largely unwilling to recognise Dalits as equal, rights-bearing human beings, in a society that is inherently indifferent to the everyday violence against Dalits, in a society unwilling to share social and cultural resources equitably with Dalits unless mandated by law (as seen in the anti-reservation discourse), Dalit literature has the potential to humanise non-Dalits and sensitise them to a world into which they have no insight. But before we can understand what Dalit literature is seeking to accomplish, we need first to come to terms with the stranglehold of non-Dalit representations of Dalits.
Rohinton Miary's ( A Fine Balance), published 15 years ago, chronicles the travails of two Dalit characters uncle Ishvar and nephew Omprakash who migrate to Bombay of the Emergency, Ishvar's father Dukhy belongs to the era of the anti-colonial nationalist movement. During one of Dukhi's visits to the town, he chances upon a meeting of the Indian National Congress, where speakers spread the "Mahatma's message regarding the freedom struggle, the struggle for justice," and wiping out "the disease of untouchability; ravaging us for centuries, denying dignity to our fellow human beings."
Neither in the 1940s, where the novel's past is set nor in the Emergency period of the 1970s when the minds and bodies Ishvar and Omprakash, are savaged by the state do we find any mention of a figure like B.R. Ambedkar or of Dalit movements. In his 'nationalist' understanding of modem Indian history, Mistry seems to have not veered too far from the road charted by predecessors like Mulk Raj Anand and Premchand. Sixty years after Premchand, Mistry's literary imagination seems stuck in the empathy-realism mode, trapping Dalits in abjection. Mistry happily continues the broad stereotype of the Dalit as a passive sufferer, without consciousness of caste politics.
According to this passage, Premchand and Mulk Raj Anand:
In recent weeks, the writers William Dalrymple and Patrick French, among others, have come before a fusillade of criticism in India, much of it questioning not their facts, not their interpretations, but their foreignness.
"Who gets to write about India?" The Wall Street Journal asked on Wednesday in its own report on this Indian literary feuding. It is a complicated question, not least because to decide who gets to write about India, you would need to decide who gets to decide who gets to write about India. Rather than conjecturing some Committee for the Deciding of the Deciding of Who Gets to Write about India, it might be easier to let writers write what they please and readers read what they wish.
The accusations pouring forth from a section of the Indian commentariat are varied. Some criticism is of a genuine literary nature, fair game, customary, expected. But lately a good amount of the reproaching has been about identity.
In the case of Mr. Dalrymple, a Briton who lives in New Delhi, it is - in the critics' view - that his writing is an act of re-colonization. In the case of Mr. French, it is that he belongs to a group of foreign writers who use business-class lounges and see some merit in capitalism and therefore do not know the real India, which only the commentariat member in question does.
What is most interesting about these appraisals is that their essential nature makes reading the book superfluous, as one of my Indian reviewers openly admitted. (His review was not about the book but about his refusal to read the book.) The book is not necessary in these cases, for the argument is about who can write about India, not what has been written.
For critics of this persuasion, India surely seems a lonely land. A country with a millennial history of Hindus, Christians, Jews, Muslims and Buddhists living peaceably together; a country of hundreds.of dialects in which so many Indians are linguistic foreigners to each other, and happily, tolerantly so; a country that welcomes foreign seekers (of yoga poses, of spiritual wisdom, of ancestral roots) with open arms; a country where, outside the elite world of South Delhi and South Bombay, I have not heard an Indian ask whether outsiders have a right to write, think or exist on their soil.
But it is not just this deep-in-the-bones pluralism that challenges the who-gets-to write- about India contingent. It is also that at the very heart of India's multifarious changes today is this glimmering idea: that Indians must be rewarded for what they do, not who they are.
Identities you never chose - caste, gender, birth order - are becoming less important determinants of fate. Your deeds - how hard you work, what risks you take - are becoming more important.
It is this idea, which I have found pulsating throughout the Indian layers, that leaves a certain portion of the intelligentsia out of sync with the surrounding country. As Mr. French has observed, there is a tendency in some of these writers to value social mobility only for themselves. When the new economy lifts up the huddled masses, then it becomes tawdry capitalism and rapacious imperialism and soulless globalization.
Fortunately for those without Indian passports, the nativists' vision of India is under demographic siege. The young and the relentless are India's future. They could not think more differently from this literatis.
They savor the freedom they are gaining to seek their own level in the society and to find their voice, and they tend to be delighted at the thought that some foreigners do the same in India and love their country as much as they do.
Which of the following statements is least likely to be inferred from the passage:
Direction: The passage given below is followed by a set of question. Choose the most appropriate answer to each question.
Ahmedabad’s Sunday market that sells junk is this 35-year-old artist’s favourite hunting ground. That’s where he picks saw-blades, printer toners, monitors, busted VCDs and hard disks, video players and other castaway gems. Back home, he painstakingly dismantles his treasure of scrap and segregates it into big pieces (the video player's outer case), mid-sized (the insides of a hard disk) and small pieces (innards of a mobile). This is art you can get up, close and personal with. The works grab the viewer’s attention at several levels. Aesthetically, the creations themselves - such as Frivolity which uses feathers and terracotta diyas painted in dark fossil green that give it a strange life - appeal in a live-and-kicking sort of way. Look a little closer and hey, you spot a zipper. Then it’s a journey all your own. Your eyes identify hairpins, spray spouts that hairdressers use, paper clips, thread, computer ribbons and the insides of everything from watches to the sliding metal bits that support drawers. You can almost hear the works whirr. So Hashissh, constructed from paper clips, backpack clips, a shining CD and twirled thread, may invite you to study its water-blue, pinks and green or Nelumbeshwar may beckon, bathed in acrylic pink and grey-black. But once you’re standing in front of a piece, you spot the zips and the hairpins. Then you simply visually dismantle Har’s work and rebuild it all over again. Zoom in, zoom out. It’s great fun. Visualising the colour of his work demands a lot of attention, says Har. “During creation, the material is all differently coloured. So there’s a red switch next to a white panel next to a black clip. It can distract. I don’t sketch, so I have to keep a sharp focus on the final look I am working towards.” As his work evolved, Har discovered laser-cutting on a visit to a factory where he had gone to sand-blast one of his pieces. Hooked by the zingy shapes laser-cutting offered, Har promptly used it to speed up a scooter and lend an unbearable lightness of being to a flighty autorickshaw, his latest works. The NID-trained animation designer’s scrap quest was first inspired by a spider in his bathroom in Chennai when he was a teenager. He used a table-tennis ball (for the head), a bigger plastic ball (for the body) and twisted clothes hangers to form the legs. His next idea was to create a crab, and his mother obligingly brought one home from the market so that he could study and copy it. Winning the first Art Positive fellowship offered by Bajaj Capital Arthouse last year gave Har the confidence to believe that he could make it as an artist or ‘aesthete’ as he likes to call himself.
What is the Central idea of the given passage?
Direction: The passage given below is followed by a set of question. Choose the most appropriate answer to each question.
Johnson was deeply but not necessarily conventionally religious: he struggled within himself most of his life to sustain his belief in God in the face of enormous pressures, disappointments, and psychological calamities. On the surface, and in much of his work, he appeared to be an orthodox, conventional, conservative adherent of revealed religion, of the Church of England, but the conventional Anglican explanations for the existence of evil in the world failed to satisfy him, and in any case his characteristic reluctance to believe without evidence, his fear of credulity, his dislike of mysteries, continually undermined his attempts to accept conventional beliefs. He was remarkable, privately, for his tolerance; maintaining that the differences between Christian sects (Protestants and Roman Catholics, for example) were trivial, and due primarily to political rather than religious differences.
His religious difficulties began at a very early age. His mother, when he was only three, told him of "a fine place filled with happiness called Heaven" and "a sad place, called Hell." Many years later he recalled that (as one might expect) this account did not impress him very deeply: it is significant, however, that he remembered it at all. After the age of nine, and through his adolescence, he stopped going to church. One part of him remained a skeptic for the rest of his life, and, as his private journals show, even after he had regained his faith he struggled continually (and privately) with fears, guilt, and disbelief: in "The Vanity of Human Wishes," written when he was forty, he returns to a traditional religious theme as well as a personal preoccupation and insists that we cannot find genuine or permanent happiness in this world and that we must therefore turn to religious belief and faith in the existence of a better world after death if we are to endure our existence here. It was a belief; however, which he himself had difficulty maintaining. The happiness derived from such belief was in any case a limited one, but the only alternative
to religious faith, as Johnson saw it, was a dull apathy, a stoical disengagement from life. He was troubled, too — a better word would be tormented — by a fear of death and by a deeper fear that he might in spite of his best efforts be so guilty, so sinful, that he merited damnation. And beneath that fear was another, even deeper — the fear that God might not exist at all, that death might bring annihilation, mere nothingness, the loss of personal identity. He struggled all his life — in the end, successfully — not so much to overcome these fears as to coexist with them. In public he was much more conventional, much more characteristically paternalistic. He maintained in print, for example, that religion was a valuable asset to society and to mankind and that Anglicanism, as the English state religion, ought, therefore, to be carefully protected: "Permitting men to preach any opinion contrary to the doctrine of the established church," he wrote, "tends, in a certain degree, to lessen the authority of
the church, and, consequently, to lessen the influence of religion."
Which of the following can be inferred from the given passage about religion during the times of Johnson?
Read the following passage carefully and answer the question:
Antigone was one of the daughters of Oedipus, that tragic figure of male power who had been cursed by Gods for mistakenly his father and subsequently marrying his mother and assuming the throne of Thebes. After the death of Oedipus, civil war broke out and a battle was waged in front of the seventh gate of Thebes his two sons led opposing factions and at the height of the battle fought and killed each other. Oedipus brother Creon, uncle of Antigone, was now undisputed master of the city. Creon resolved to make an example of the brother who had fought against him, Polynices, by refusing the right of honourable burial. The penalty of death was promulgated against any who would defy this order.
Antigone was distraught. Polynices had been left unburied, unwept, a feast of flesh for keen eyed carrion birds. Antigone asks her sister Ismene, for it was a challenge to her royal blood. Now it is time to show whether or not you are worthy of your royal blood is be 'not my brother and yours? Whether you like it or not? I shall never desert him-never. But Simone responds, “How could you dare-when Creon has expressly forbidden it? Antigone, we are women, it is not for us to fight against men". With a touch of bitterness, Antigone releases her sister from the obligation to help her. but argues she cannot shrug off the burden. "if I die for it what happiness! Live,..if you will live, and defy the holiest of laws of heaven".
Why did Creon deny decent burial to Polynices? He did so because
Read the given passage carefully and attempt the question that follow.
The work which Gandhiji had taken up was not only regarding the achievement of political freedom but also the establishment of a new social order based on truth and nonviolence, unity and peace, equality and universal brotherhood and maximum freedom for all. This unfinished part of his experiment was perhaps even more difficult to achieve than the achievement of political freedom. In the political struggle, the fight was against a foreign power and all one could do was either join it or wish it success and give it his/her moral support. In establishing a social order on this pattern, there was a strong possibility of a conflict arising between diverse groups and classes of our own people. Experience shows that man values his possessions even more than his life because in the former he sees the means for perpetuation and survival of his descendants even after his body is reduced to ashes. A new order cannot be established without radically changing the mind and attitude of men towards property and, at some stage or the other, the ‘haves’ have to yield place to the ‘have-nots’. We have seen, in our time, attempts to achieve a kind of egalitarian society and the picture of it after it was achieved. But this was done, by and large, through the use of physical force.
In the ultimate analysis it is difficult, if not impossible, to say that the instinct to possess has been rooted out or that it will not reappear in an even worse form under a different guise. It may even be that like a gas kept confined within containers under great pressure, or water held back by a big dam, once the barrier breaks, the reaction will one day sweep back with a violence equal in extent and intensity to what was used to establish and maintain the outward egalitarian form. This enforced egalitarianism contains, in its bosom, the seed of its own destruction.
The root cause of class conflict is possessiveness or the acquisitive instinct. So long as the ideal that is to be achieved is one of securing the maximum material satisfaction, possessiveness is neither suppressed nor eliminated but grows on what it feeds. Nor does it cease to be possessiveness, whether it is confined to only a few or is shared by many.
If egalitarianism is to endure, it has to be based not on the possession of the maximum material goods by a few or by all but on voluntary, enlightened renunciation of those goods which cannot be shared by others or can be enjoyed only at the expense of others. This calls for substitution of material values by purely spiritual ones. The paradise of material satisfaction, which is sometimes equated with progress these days, neither spells peace nor progress. Mahatma Gandhi has shown us how the acquisitive instinct inherent in man can be transmuted by the adoption of the ideal of trusteeship by those who ‘have’ for the benefit of all those who ‘have not’ so that, instead of leading to exploitation and conflict, it would become a means and incentive for the amelioration and progress of society respectively.
According to the passage, which was the unfinished part of Gandhi’s experiment?
Read the given passage carefully and attempt the question that follows.
The work which Gandhiji had taken up was not only regarding the achievement of political freedom but also the establishment of a new social order based on truth and nonviolence, unity and peace, equality and universal brotherhood and maximum freedom for all. This unfinished part of his experiment was perhaps even more difficult to achieve than the achievement of political freedom. In the political struggle, the fight was against a foreign power and all one could do was either join it or wish it a success and give it his/her moral support. In establishing a social order on this pattern, there was a strong possibility of a conflict arising between diverse groups and classes of our own people. Experience shows that man values his possessions even more than his life because in the former he sees the means for perpetuation and survival of his descendants even after his body is reduced to ashes. A new order cannot be established without radically changing the mind and attitude of men towards property and, at some stage or the other, the ‘haves’ have to yield place to the ‘have-nots’. We have seen, in our time, attempts to achieve a kind of egalitarian society and the picture of it after it was achieved. But this was done, by and large, through the use of physical force.
In the ultimate analysis, it is difficult, if not impossible, to say that the instinct to possess has been rooted out or that it will not reappear in an even worse form under a different guise. It may even be that like a gas kept confined within containers under great pressure, or water held back by a big dam, once the barrier breaks, the reaction will one day sweep back with a violence equal in extent and intensity to what was used to establish and maintain the outward egalitarian form. This enforced egalitarianism contains, in its bosom, the seed of its own destruction.
The root cause of class conflict is possessiveness or the acquisitive instinct. So long as the ideal that is to be achieved is one of securing the maximum material satisfaction, possessiveness is neither suppressed nor eliminated but grows on what it feeds. Nor does it cease to be possessiveness, whether it is confined to only a few or is shared by many.
If egalitarianism is to endure, it has to be based not on the possession of the maximum material goods by a few or by all but on voluntary, enlightened renunciation of those goods which cannot be shared by others or can be enjoyed only at the expense of others. This calls for substitution of material values by purely spiritual ones. The paradise of material satisfaction, which is sometimes equated with progress these days, neither spells peace nor progress. Mahatma Gandhi has shown us how the acquisitive instinct inherent in man can be transmuted by the adoption of the ideal of trusteeship by those who ‘have’ for the benefit of all those who ‘have not’ so that, instead of leading to exploitation and conflict, it would become a means and incentive for the amelioration and progress of society respectively.
Which of the following conclusions can be deduced from the passage?
Read the given passages and answer the question with the help of information provided in the passage.
Rural development in India has witnessed several changes over the years in its emphasis, approaches, strategies and programmes. It has assumed a new dimension and perspectives as a consequence. Rural development can be richer and more meaningful only through the participation of the clienteles of development. Just as implementation is the touchstone for planning, people's participation is the centre-piece in rural development.
People's participation is one of the foremost pre-requisites of development process both from procedural and philosophical perspectives. For the development planners and administrators, it is important to solicit the participation of different groups of rural people, to make the plans participatory.
Rural development aims at improving rural people's livelihoods in an equitable and sustainable manner, both socially and environmentally, through better access to assets and services and control over productive capital. The basic objectives of Rural Development Programmes have been alleviation of poverty and unemployment through creation of basic social and economic infrastructure, provision of training to rural unemployed youth and providing employment to marginal farmers/labourers to discourage seasonal and permanent migration to urban areas.
Rural development is the main pillar of our nation's development. In spite of rapid urbanisation, a large section of our population still lives in the villages. Secondly. rural India has Jagged behind in development because of many historical sectors. Though the 11th plan began in very behavioural circumstances with the economy has grown at the rate of 7.7% per year in the 10th plan period, there still existed a big challenge to correct the development imbalances and to accord due priority to development in rural areas.
Ministry of Rural Development is implementing a number of programmes aimed at sustainable holistic development in rural areas. The thrust of these programmes is on all-round economic and social transformation in rural areas, though a multi-pronged strategy aiming to reach out to the most disadvantaged sections of the society.
Although concrete efforts have been initiated by the Government of India through several plans and measures to alleviate poverty in rural India, there still remains much more to be done to bring prosperity in the lives of the people in rural areas. At present, technology dissemination is uneven and slow In rural areas.
According to the passage, the experiences of many countries suggest that technological development fuelled by demand has a higher ............ rate.
Read the given passages and answer the question with the help of the information provided in the passage.
Under very early common law, all felonies were punishable by death. The perpetrators of the felony were hanged whether or not a homicide had been committed during the felony. Later, however, some felonies were declared to be non-capital offences. The common law courts, in need of a deterrent to the use of deadly force in the course of these non-capital felonies, developed the "felony-murder" rule. The first formal statement of the rule stated: '1\ny killing by one in the commission of a felony is guilty of murder." The killing was a murder whether intentional or unintentional, accidental or mistaken. The usual requirement of malice was eliminated and the only criminal intent necessary was the intent to commit the particular underlying felony. all participants in the felony were guilty of murder actual killer and non-killer confederates. Proponents of the rule argued that it was justified because the felony demon treated a lack of concern for human life by the commission of a violent and dangerous felony and that the crin1e was murder either because of a conclusive presumption of malice or simply by force of statutory definition. Opponents of the rule describe it as a highly artificial concept and "an enigma wrapped in a riddle." They are quick to point out that the rule has been abandoned in England where it originated, abolished in India, severely restricted in Canada and a number of other commonwealth countries are unknown in continental Europe and abandoned in Michigan. In reality, the real strength of the opponents' criticism stems from the bizarre and of times unfair results achieved when the felony-murder rule is applied mechanically. Defendants have been convicted under the rule where the killing was purely accidental, or the killing took place after the Felony during the later flight from the scene, or a third party killed another (police officer killed a citizen or vice versa, or a victim died of a heart attack 15-20 minutes after the robbery was over, or the person killed was an accomplice in the felony). Attacks on the rule have come from all directions with basically the same demand - re-evaluate and abandon the archaic legal fiction; restrict and F it vicarious criminal liability; prosecute killers for murder, not non-killers; increase punishment for the underlying felony as a real deterrent and initiate legislative modifications. With the unstable history of the felony - murder rule, including its abandonment by many jurisdictions in this country, the felony-murder rule is dying a slow but certain death.
In which of the following situations, would the defendant not be liable to the charge of murder under the felony-murder rule?
