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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.
In the statement ‘... it amounted to a recognition that international trade and its benefits cannot be enjoyed unless trading nations accept the discipline of a negotiated rulebased environment’, it refers to:
पर्याय
The higher priority on export gains placed by many countries atthe Uruguay Round.
The export gains many countries came to associate with a rulebased system.
Ambassador Kantor’s defence of the WTO.
The provision of a rule-based system by the WTO.
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उत्तर
The export gains many countries came to associate with a rulebased system.
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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 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 can be inferred from the passage?
If religion and community are associated with global violence in the trends of many people, then so are global poverty and inequality. There has, in fact, been an increasing tendency in recent years to justify policies of poverty removal on the ground that this is the surest way to prevent political strife and turmoil. Basing public policy - international as well as domestic- on such an understanding has some evident attractions. Given the public anxiety about wars and disorders in the rich countries in the world, the indirect justification of poverty removal -not for its own sake but for the sake of peace and quiet in the world - provides an argument that appeals to self-interest for helping the needy. It presents an argument for allocating more resources on poverty removal because of its presumed political, rather than moral, relevance.
While the temptation to go in that direction is easy to understand, it is a perilous route to take even for a worthy cause. Part of the difficulty lies in the possibility that if wrong, economic reductionism would not only impair our understanding of the world but would also tend to undermine the declared rationale of the public commitment to remove poverty. This is a particularly serious concern, since poverty and massive inequality are terrible enough in themselves, and deserve priority even if there were no connection whatsoever with violence. Just as virtue is its own reward, poverty is at least its own penalty. This is not to deny that poverty and inequality can - and do - have far-reaching consequences with conflict and strife, but these connections have to be examined and investigated with appropriate care and empirical scrutiny, rather than being casually invoked with unreasoned rapidity in support of a `good cause."
Destitution can, of course, produce provocation for defying established laws and rules. But it need not give people the initiative, courage, and actual ability to do anything very violent. Destitution can be accompanied not only by economic debility but also by political helplessness. A starving wretch can be too frail and too dejected to fight and battle, and even te protest and holler. It is thus not surprising that often enough intense and widespread suffering and misery have been accompanied by unusual peace and silence.
Indeed, many famines have occurred without there being much political rebellion or civil strife or intergroup warfare. For example, the famine years in the 1840s in Ireland were among the most peaceful, and there was little attempt by the hungry masses to intervene even as ship after ship sailed down the river Shannon with rich food. Looking elsewhere, my own childhood memories in Calcutta during the Bengal famine of 1943 include the sight of starving people dying in front of sweetshops with various layers of luscious food displayed behind the glass windows, without a single glass being broken, or law or order being disrupted.
Select the statement that can be most plausibly inferred from the aforesaid 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.
Which of the following is true according to 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 cannot be inferred from the passage?
Read the passage and answer the question based on it.
Management education gained new academic stature within US Universities and greater respect from outside during the 1960 and 1970s. Some observers attribute the competitive superiority of US corporations to the quality of business education. In1978, a management professor, Herbert A. Simon of Carnegie Mellon University, won the Nobel Prize in economics for his work in decision theory. And the popularity of business education continued to grow, since 1960, the number of master’s degrees awarded annually has grown from under 5000 to over 50,000 in the mid-1980s as the MBA has become known as ‘the passport to the good life’.
By the 1980s, however, US business schools faced critics who charged that learning had little relevance to real business problems. Some went so far as to blame business schools for the decline in US competitiveness.
Amidst the criticisms, four distinct arguments may be discerned. The first is that business schools must be either unnecessary or deleterious because Japan does so well without them. Underlying this argument is the idea that management ability cannot be taught, one is either born with it or must acquire it over years of practical experience. A second argument is that business schools are overly academic and theoretical. They teach quantitative models that have little application to real-world problems. Third, they give inadequate attention to shop floor issues, production processes and to management resources. Finally, it is argued that they encourage undesirable attitudes in students, such as placing value on the short term and ‘bottom line’ targets, while neglecting longer-term development criteria. In summary, some business executives complain that MBA’s are incapable of handling day to day operational decisions, unable to communicate and to motivate people, and unwilling to accept responsibility for following through on implementation plans. We shall analyze these criticisms after having reviewed experiences in other countries.
In contrast to the expansion and development of business education in the United States and more recently in Europe, Japanese business schools graduate no more than two hundred MBA’s each year. The Keio Business School (KBS) was the only graduate school of management in the entire country until the mid-1970s and it still boasts the only two-year master's programme. The absence of business schools in Japan would appear in contradiction with the high priority placed upon learning by its Confucian culture. Confucian colleges taught administrative skills as early as 1630 and Japan wholeheartedly accepted Western learning following the Meiji restoration of 1868 when hundreds of students were dispatched to universities in US, Germany, England, and France to learn the secrets of Western technology and modernization. Moreover, the Japanese educational system is highly developed and intensely competitive and can be credited for raising the literary and mathematical abilities of the Japanese to the highest level in the world.
Until recently, Japan corporations have not been interested in using either local or foreign business schools for the development of their future executives. Their in-company training programs have sought the socialization of newcomers, the younger the better. The training is highly specific and those who receive it have neither the capacity nor the incentive to quit. The prevailing belief, says Imai, ‘is management should be born out of the experience and many years of effort and not learnt from educational institutions.’ A 1960 survey of Japanese senior executives confirmed that a majority (54%) believed that managerial capabilities can be attained only on the job and not in universities.
However, this view seems to be changing: the same survey revealed that even as early as 1960, 37% of senior executives felt that the universities should teach integrated professional management. In the 1980s a combination of increased competitive pressures and greater multi-nationalization of Japanese business are making it difficult for many companies to rely solely on upon internally trained managers. This has led to the rapid growth of local business programmes and greater use of American MBA programmes. In 1982-83, the Japanese comprised the largest single group of foreign students at Wharton, where they not only learnt the latest techniques of financial analysis but also developed worldwide contacts through their classmates and became Americanized, something highly useful in future negotiations. The Japanese, then do not ‘do without’ business schools, as is sometimes contended. But the process of selecting and orienting new graduates, even MBA’s, into corporations is radically different than in the US. Rather than being placed in highly paying staff positions, new Japanese recruits are assigned responsibility for operational and even menial tasks. Success is based upon Japan’s system of highly competitive recruitment and intensive in-company management development, which in turn are grounded in its tradition of universal and rigorous academic education, life-long employment and strong group identification.
The harmony among these traditional elements has made the Japanese industry highly productive and given corporate leadership a long term view. It is true that this has been achieved without much attention to university business education, but extraordinary attention has been devoted to the development of managerial skills, both within the company and through participation in programmes sponsored by the Productivity Center and other similar organizations.
The absence of business schools in Japan
Paragraph: In the 16th century, an age of great marine and terrestrial exploration, Ferdinand Magellan led the first expedition to sail around the world. As a young Portuguese noble, he served the king of Portugal, but he became involved in the quagmire of political intrigue at court and lost the king's favor. After he was dismissed from service by the king of Portugal, he offered to serve the future Emperor Charles V of Spain.
A papal decree of 1493 had assigned all land in the New World west of 50 degrees W longitude to Spain and all the land east of that line to Portugal. Magellan offered to prove that the East Indies fell under Spanish authority. On September 20, 1519, Magellan set sail from Spain with five ships. More than a year later, one of these ships was exploring the topography of South America in search of a water route across the continent. This ship sank, but the remaining four ships searched along the southern peninsula of South America. Finally they found the passage they sought near 50 degrees S latitude. Magellan named this passage the Strait of All Saints, but today it is known as the Strait of Magellan.
One ship deserted while in this passage and returned to Spain, so fewer sailors were privileged to gaze at that first panorama of the Pacific Ocean. Those who remained crossed the meridian now known as the International Date Line in the early spring of 1521 after 98 days on the Pacific Ocean. During those long days at sea, many of Magellan's men died of starvation and disease.
Later, Magellan became involved in an insular conflict in the Philippines and was killed in a tribal battle. Only one ship and 17 sailors under the command of the Basque navigator Elcano survived to complete the westward journey to Spain and thus prove once and for all that the world is round, with no precipice at the edge.
Four of the ships sought a passage along a southern ______.
Read the following passage carefully and then answer the questions that follow.
Rural manual workers comprise the single largest occupational category in India. ln 1991, according to the National Commission on Rural Labour, 60 percent of the workers in rural India were manual workers and they numbered more than 160 million. The changes in the working and living conditions of rural labourers are thus central to changes in the welfare of the rural population and of the country as a whole. The structure and working of rural labour markets in India is complex; as is well known, there is great diversity across regions and across segments of the labour market. This article brings together an interesting body of research that seeks to understand and explain the types of changes that have accrued in the structure of rural labour markets over the last few decades.
The 1980s were characterised by an explosion of the rural labour force, slow employment growth in agriculture and a rise in the share of non-agricultural employment. The decade was also characterized by a growing casualisation of the workforce (for a relative rise in casual employment as opposed to regular employment).
At the same time, it was a period when agricultural wages increased in real terms and when income poverty declined. There was what may be called "the tension between the estimated decline in poverty on the one hand, and the slow growth of agricultural employment and increased casualisation of the labour force on the other. Some of the trends in the development of rural labour over for this period are a source of concern. These include, as Radhakrishnan and Sharma note, the continuous widening of the gap between labour productivity in agricultural and non-agricultural occupations, the burgeoning mass of rural casual workers who have no social security safety net, and the increasing number of women employed at very low wages in agriculture. Another matter for concern, one that emerges from the desegregation of data on rural unemployment by age groups, is that the incidence of unemployment is higher for persons in the age group of 15-29 than for any other age group in others words, unemployment is typically high among new entrants to the workforce.
ln, her review of trends in wages, employment and poverty, Sheila Bhalla shows that the real wages of agricultural labourers stagnated from the time of independence to the mid1970s and then began to rise in all parts of the country. This was also the period in which the incidence of rural poverty began to decline. The rise in wages was not limited to the more prosperous agricultural zones, and Bhalla argues that the movement in real wages was co-related with the increase in the share of non-agricultural employment in total employment. As wages in non-agricultural work are typically higher than wages in agriculture, the expansion of non-farm work could also explain some of the declines in rural poverty. In the 1990s, the improvement in real wages and the decline in poverty were reversed while agricultural employment expanded. Economic development all over the world has been associated with a rise in the share of employment in the secondary and tertiary sectors of the economy and a fail in the share of the agricultural sector. In India, changes in the composition of the rural workforce in the 1990's points to a "structural retrogression".
The author does not say which of the following statements in the passage?
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 Antigone decide to defy the orders of Creon?
Read the given passages and answer the question with the help of the information provided in the passage.
Although the legal systems of England and the United States are superficially similar, they differ profoundly in their approaches to and uses of legal reasons: substantive reasons are more common than formal reasons in the United States, whereas in England the reverse is true. This distinction reflects a difference in the visions of law that prevails in the two countries. In England, the law has traditionally been viewed as a system of rules; the United States favours a vision of law as an outward expression of a community's sense of right and justice.
Substantive reasons, as applied to law, are based on moral, economic, political and other considerations. These reasons are found both "in the law" and ''outside the law" so to speak. Substantive reasons inform the content of a large part of the law: constitutions, statutes, contracts, verdicts and the like. Consider, for example, a statute providing that "no vehicles shall be taken into public parks." Suppose that no specific rationales or purposes were explicitly written into the statute, but that it was clear (from its legislative history) that the substantive purpose of the statute was to ensure quiet and safety in the park. Now suppose that a veterans' group mounts a World War II jeep (in running order but without a battery) as a war memorial on a concrete slab in the park, and charges are brought against its members. Most judges in the United States would find the defendants not guilty because what they did had no adverse effect on the park's quiet and safety. Formal reasons are different in that they frequently prevent substantive reasons from coming into play, even when substantive reasons are explicitly incorporated into the law at hand. For example, when a document fails to comply with stipulated requirements, the court may render the document legally ineffective. A Will requiring written witness may be declared null and void and, therefore, unenforceable for the formal reason that the requirement was not observed. Once the legal rule - that a Will is invalid for lack of proper witnessing - has been clearly established, and the legality of the rule is not in question, application of that rule precludes from consideration substantive arguments in favour of Will's validity or enforcement. Legal scholars in England and the United States have long bemused themselves with extreme examples of formal and substantive reasoning. On the one hand, formal reasoning in England has led to wooden interpretations of statutes and an unwillingness to develop the common law through judicial activism. On the other hand, freewheeling substantive reasoning in the United States has resulted in statutory interpretations so liberal that the texts of some statutes have been ignored.
It can be inferred from the passage that English judges would like to find the veterans' group discussed in the second paragraph guilty of violating the statute because
