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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:
Options
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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Solution
The export gains many countries came to associate with a rulebased system.
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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:
The question in this section is based on what is stated or implied in the passage given below. For the question, choose the option that most accurately and completely answers the question.
The words invention and Innovation are closely linked, but they are not interchangeable. The inventor is a genius who uses his intellect, imagination, time and resources to create something that does not exist. But this invention may or may not be of utility to the masses. It is the enterprising innovator who uses various resources, skills and time to make the invention available for use. The innovator might use the invention as it is, modifies it or even blend two or more inventions to make one marketable product. A great example is that of the iPhone which is a combination of various inventions. If an invention is the result of countless trials and errors, so can be the case with innovation. Not every attempt to make an invention is successful. Not every innovation sees the light of the day. Benjamin Franklin had the belief that success doesn‘t come without challenge, mistake, and in a few cases failure.
One of the world‘s most famous innovators, Steve Jobs says, ―Sometimes when you innovate, you make mistakes. It is best to admit them quickly and get on with improving your other innovations.‖ Thus, inventors and innovators have to be intrepid enough to take risks; consider failures as stepping stones and not stumbling blocks. Some inventions are the result of a keen observation or a simple discovery. The inventor of Velcro, also called the zipless zipper, is the Swiss engineer George de Mestral. He was hiking in the woods when he found burrs clinging to his clothes and his dog‘s fur. Back at home, he studied the burrs. He discovered that each burr was a collection of tiny hooks which made it cling on to another object. A few years later, he made and patented the strips of fabric that came to us like Velcro. The world of inventions and innovations is a competitive one. But the race does not end here; it is also prevalent in the case of getting intellectual property rights. There have been inventors who failed to get a single patent while there have been some who managed to amass numerous patents in their lifetime. Thomas Edison had 1,093 patents to his credit! We relate the telephone with Alexander Graham Bell. It is believed that around the same time, Antonio Meucci had also designed the telephone, but due to a lack of resources and various hardships, he could not proceed with the patent of his invention. It is also believed that Elisha Gray had made a design for the telephone and applied for the patent at the U.S. patent office on the same day as Graham Bell did. By sheer chance, Graham‘s lawyer‘s turn to file the papers came first. Hence, Graham was granted the first patent for the telephone. It is not easy, and at times almost impossible, for an inventor to be an innovator too. There are very few like Thomas Edison who graduated from being an incredible inventor to a successful manufacturer and businessman with brilliant marketing skills. While innovations that have helped to enhance the quality of life are laudable, equally laudable are the inventions that laid the foundation of these very innovations.
The author believes that
The question in this section is based on what is stated or implied in the passage given below. For the question, choose the option that most accurately and completely answers the question.
The words invention and Innovation are closely linked, but they are not interchangeable. The inventor is a genius who uses his intellect, imagination, time and resources to create something that does not exist. But this invention may or may not be of utility to the masses. It is the enterprising innovator who uses various resources, skills and time to make the invention available for use. The innovator might use the invention as it is, modifies it or even blend two or more inventions to make one marketable product. A great example is that of the iPhone which is a combination of various inventions. If an invention is the result of countless trials and errors, so can be the case with innovation. Not every attempt to make an invention is successful. Not every innovation sees the light of the day. Benjamin Franklin had the belief that success doesn‘t come without challenge, mistake, and in a few cases failure.
One of the world‘s most famous innovators, Steve Jobs says, ―Sometimes when you innovate, you make mistakes. It is best to admit them quickly and get on with improving your other innovations.‖ Thus, inventors and innovators have to be intrepid enough to take risks; consider failures as stepping stones and not stumbling blocks. Some inventions are the result of a keen observation or a simple discovery. The inventor of Velcro, also called the zipless zipper, is the Swiss engineer George de Mestral. He was hiking in the woods when he found burrs clinging to his clothes and his dog‘s fur. Back at home, he studied the burrs. He discovered that each burr was a collection of tiny hooks which made it cling on to another object. A few years later, he made and patented the strips of fabric that came to us like Velcro. The world of inventions and innovations is a competitive one. But the race does not end here; it is also prevalent in the case of getting intellectual property rights. There have been inventors who failed to get a single patent while there have been some who managed to amass numerous patents in their lifetime. Thomas Edison had 1,093 patents to his credit! We relate the telephone with Alexander Graham Bell. It is believed that around the same time, Antonio Meucci had also designed the telephone, but due to a lack of resources and various hardships, he could not proceed with the patent of his invention. It is also believed that Elisha Gray had made a design for the telephone and applied for the patent at the U.S. patent office on the same day as Graham Bell did. By sheer chance, Graham‘s lawyer‘s turn to file the papers came first. Hence, Graham was granted the first patent for the telephone. It is not easy, and at times almost impossible, for an inventor to be an innovator too. There are very few like Thomas Edison who graduated from being an incredible inventor to a successful manufacturer and businessman with brilliant marketing skills. While innovations that have helped to enhance the quality of life are laudable, equally laudable are the inventions that laid the foundation of these very innovations.
Velcro can be best described as
Paragraph: On the surface, the conquest of the Aztec empire by Herman Cortes is one of the most amazing military accomplishments in history. With a small fighting force numbering in the hundreds, Cortes led the Spanish explorers into victory against an Aztec population that many believe topped 21 million. In light of such a seemingly impossible victory, the obvious question is: how did a small group of foreign fighters manage to topple one of the world's strongest, wealthiest, and most successful military empires?
Several factors led to Cortes' success. First, the Spanish exploited animosity toward the Aztecs among rival groups and convinced thousands of locals to fight. In one account of a battle, it is recorded that at least 200,000 natives fought with Cortes. Next, the Spanish possessed superior military equipment in the form of European cannons, guns, and crossbows, leading to effective and efficient disposal of Aztec defenses. For example, Spanish cannons quickly defeated large Aztec walls that had protected the empire against big and less technically advanced armies.
Despite the Spanish advantages, the Aztecs probably could have succeeded in defending their capital city of Tenochtitlan had they leveraged their incredible population base to increase their army's size and ensured that no rogue cities would ally with Cortes. In order to accomplish this later goal, Aztec leader Motecuhzoma needed to send envoys to neighboring cities telling their inhabitants about the horrors of Spanish conquest and the inevitability of Spanish betrayal.
In addition, the Aztecs should have exploited the fact that the battle was taking place on their territory. No reason existed for the Aztecs to consent to a conventional battle, which heavily favored the Spanish. Motecuhzoma's forces should have thought outside the box and allowed Cortes into the city, only to subsequently use hundreds of thousands of fighters to prevent escape and proceed in surprise "door-to-door" combat. With this type of battle, the Aztecs would have largely thwarted Spanish technological supremacy. However, in the end, the superior weaponry of the Spanish, the pent-up resentment of Aztec rivals, the failure of Aztec diplomacy, and the lack of an unconventional Aztec war plan led to one of the most surprising military outcomes in the past one thousand years.
According to the passage, all of the following led to Cortes success except:
Paragraph: In response to the increasing environmental damage wrought by poachers, authorities placed a ban on ivory in the 1980s. Although the ban resulted in an initial decrease in the sale and trade of illegal ivory and a concurrent increase in the elephant population, more pressing needs caused most Western nations to withdraw funding for poaching prevention programs. Without significant financial support, poorer countries were unable to effectively combat poachers. The resulting explosion in the ivory trade has seen prices increase to nearly 10 times the $45 per pound price at the beginning of the decade.
Unfortunately, the countries with the worst poaching problems have also tended to be the ones least able to combat the problem due to unstable political systems, corruption, lack of comprehensive enforcement programs, or some combination of all these factors. One primary hindrance to better enforcement of the ivory ban came from an inability to definitively identify the country of origin of illegal ivory.
Countries used this uncertainty to avoid responsibility for curbing illegal poaching in their territories by attempting to blame other countries for the oversights in enforcement. Now, though, zoologists have perfected a new DNA identification system. First, scientists gathered genetic data from the population of African elephants, an arduous effort that ultimately resulted in a detailed DNA-based map of the distribution of African elephants. Then, the researchers developed a method to extract DNA evidence from ivory, allowing them to match the ivory with elephant populations on the map. Zoologists hope this new method will pinpoint the exact origin of poached ivory and force countries to accept their responsibility in enforcing the ban.
The passage is chiefly concerned with:
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"
Give an appropriate title to the passage
Read the given passage carefully and attempt the questions that follow.
MY LOVE OF NATURE, goes right back to my childhood, to the times when I stayed on, my grandparents' farm in Suffolk. My father was in the armed forces, so we were always moving and didn't have a home base for any length of time, but I loved going there. I think it was my grandmother who encouraged me more than anyone: she taught me the names of wild flowers and got me interested in looking at the countryside, so it seemed obvious to go on to do Zoology at University.
I didn't get my first camera until after I'd graduated, when I was due to go diving in Norway and needed a method of recording the sea creatures I would find there. My father didn't know anything about photography, but he bought me an Exacta, which was really quite a good camera for the time, and I went off to take my first pictures of sea anemones and starfish. I became keen very quickly, and learned how to develop and print; obviously I didn't have much money in those days, so I did more black and white photography than colour, but it was all still using the camera very much as a tool to record what I found both by diving and on the shore. I had no ambition at all to be a photographer then, or even for some years afterwards.
Unlike many of the wildlife photographers of the time, I trained as a scientist and therefore my way of expressing myself is very different. I've tried from the beginning to produce pictures that are always biologically correct. There are people who will alter things deliberately: you don't pick up sea creatures from the middle of the shore and take them down to attractive pools at the bottom of the shore without knowing you're doing it. In so doing you're actually falsifying the sort of seaweeds they live on and so on, which may seem unimportant, but it is actually changing the natural surroundings to make them prettier. Unfortunately, many of the people who select pictures are looking for attractive images and, at the end of the day, whether it's truthful or not doesn't really matter to them. It's important to think about the animal first, and there are many occasions when I've not taken a picture because it would have been too disturbing. Nothing is so important that you have to get that shot; of course, there are cases when it would be very sad if you didn't, but it's not the end of the world. There can be a lot of ignorance in people's behaviour towards wild animals and it's a problem that more and more people are going to wild places: while some animals may get used to cars, they won't get used to people suddenly rushing up to them. The sheer pressure of people, coupled with the fact that there are increasingly fewer places where no-one else has photographed, means that over the years, life has become much more difficult for the professional wildlife photographer.
Nevertheless, wildlife photographs play a very important part in educating people about what is out there and what needs conserving. Although photography can be an enjoyable pastime, as it is to many people, it is also something that plays a very important part in educating young and old alike. Of the qualities it takes to make a good wildlife photographer, patience is perhaps the most obvious -you just have to be prepared to sit it out. I'm actually more patient now because I write more than ever before, and as long as I've got a bit of paper and a pencil, I don't feel I'm wasting my time. And because I photograph such a wide range of things, even if the main target doesn't appear I can probably find something else to concentrate on instead.
The writer decided to go to university and study Zoology because
The question in this section is based on a single passage. The question is to be answered on the basis of what is stated or implied in the passage.
The spread of education in society is at the foundation of success in countries that are latecomers to development. In the quest for development, primary education is absolutely essential because it creates the base. But higher education is just as important for it provides the cutting edge. And universities are the life-blood of higher education. Islands of excellence in professional education, such as Indian Institutes of Technology (IITs) and Indian Institutes of Management (IIMs), are valuable complements but cannot be substituted for universities that provide educational opportunities for people at large.
There can be no doubt that higher education has made a significant contribution to economic development, social progress and political democracy in independent India. It is a source of dynamism for the economy. It has created social opportunities for people, it has fostered the vibrant democracy in our polity. It has provided a beginning for the creation of a knowledge society. But it would be a mistake to focus on its strengths alone. It has weaknesses that are a cause for serious concern. There is, in fact, a quiet crisis in higher education in India that runs deep. It is not yet discernible simply because there are pockets of excellence, an enormous reservoir of talented young people and intense competition in the admissions process. And, in some important spheres, we continue to reap the benefits of what was sown in higher education 50 years ago by the founding fathers of the republic. The reality is that we have miles to go. The proportion of our population, in the age group 18-24, that enters the world of higher education is around 7%, which is only one-half the average for Asia. The opportunities for higher education, in terms of the number of places in universities, are simply not enough in relation to our need. What is more, the quality of higher education in most of our universities requires substantial improvement? IT is clear that the system of higher education in India faces serious challenges. It needs a systematic overhaul, so that we can educated much larger numbers without diluting academic standards. This is imperative because the transformation of economy and society in the 21st century would depend, in significant part, on the spread and the quality of education among our people, particularly in the sphere of higher education. It is only an inclusive society that can provide the foundations for a knowledge society.
The challenges that confront higher education in India are clear. It needs a massive expansion of opportunities for higher education, to 1500 universities nationwide, that would enable India to attain a gross enrolment ration of at least 15% by 2015. It is just as important to raise the average quality of higher education in very sphere. At the same time, it is essential to create institutions that are exemplars of excellence at par with the best in the world. In the pursuit of these objectives, providing people with access to higher education in a socially inclusive manner is imperative. The realization of these objectives, combined with access, would not only develop the skills and capabilities we need for the economy but would also help transform India into a knowledge economy and society.
The principal focus of the passage is
The questions in this section are based on the passage. The questions are to be answered on the basis of what is stated or implied 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 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: "Any 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 a murder-actual killer and non-killer confederates.
Proponents of the rule argued that it was justified because the felony demonstrated a lack of concern for human life by the commission of a violent and dangerous felony and that the crime 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 -reevaluate and abandon the archaic legal fiction; restrict and limit 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.
The author believes that the felony -murder rule is
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
