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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.
The most likely reason for the acceptance of the WTO package by nations was that:
Options
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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Solution
They recognized the need for a rulebased environment to protect the benefits of increased trade.
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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 view of the passage given below. Choose the best option for question.
When talks come to how India has done for itself in 50 years of Independence, the world has nothing but praise for our success in remaining a democracy. On other fronts, the applause is less loud. In absolute terms, India has not done too badly, of course, life expectancy has increased. So has literacy. Industry, which was barely a fledging, has grown tremendously. And as far as agriculture is concerned, India has been transformed from a country perpetually on the edge of starvation into a success story held up for others to emulate. But these are competitive times when change is rapid, and to walk slowly when the rest of the world is running is almost as bad as standing still on walking backwards.
Compared with large chunks of what was then the developing 'world South Korea, Singapore, Malaysia, Thailand, Indonesia. China and what was till lately a separate Hong Kong-India has fared abysmally. It began with a far better infrastructure than most of these countries had. It suffered hardly or not at all during the Second World War. It had advantages like an English speaking elite, quality scientific manpower (including a Nobel laureate and others who could be ranked among the world's best) and excellent business acumen. Yet, today, when countries are ranked according to their global competitiveness. it is tiny Singapore that figures at the top. Hong Kong is an export powerhouse. So is Taiwan. If a symbol were needed of how far we have fallen back. note that while Korean Cielos are sold in India, no one in South Korea is rushing to buy an Indian car. The reasons list themselves. Topmost is economic isolationism.
The government discouraged imports and encouraged self-sufficiency. Whatever the aim was, the result was the creation of a totally inefficient industry that failed to keep pace with global trends and, therefore. became absolutely uncompetitive. only when the trade gates were opened a little did this become apparent. The years since then have been spent merely trying to catch up. That the government actually sheltered its industrialists from foreign competition is a little strange. For in all other respects, it operated under the conviction that businessmen were little more than crookS how were to be prevented from entering the most important areas of the economy, how we're to be hamstrung in as many ways as possible, how we're to be tolerated in the same way as an inexcusable wan. The high expropriation rates of taxation. the licensing Jaws, the reservation of whole swathes of the industry for the public sector, and the granting of monopolies to the public sector firms were the principal manifestations of this attitude. The government forgot that before wealth could be distributed, it had to be created.
The government forgot that it itself could not create, but only squander wealth. some of the manifestations of the old attitude have changed. Tax rates have fallen. Licensing has been a but abolished. And the gates of global trade have been opened wide. But most of these Changes were first by circumstances partly by the foreign exchange bankruptcy of 1991 ana the recognition that the government could no longer muster the funds of support the public sector, leave alone expand it. Whether the attitude of the government itself. or that of more than handful of ministers has changed, is open to question. In many other ways, however, the government has not changed one with. Business still has to negotiate a welter of negotiations. Transparency is still a long way off. And there is no exit policy. In defending the existing policy, politicians betray an inability to see beyond their noses. A no-exit policy for labour is equivalent to a no-entry policy for new business If one industry is not allowed to retrench labour, other industries will think a hundred times before employing new labour. In other way too, the government hurts industries.
Public sector monopolies like the department of telecommunications and Yidesh sanchar Nigam Ltd. make it possible for Indian business to operate only at a cost several times that of their counterparts abroad The infrastructure is in a shambles partly because it is unable to formulate a sufficiently remunerative policy for private business, and partly because it does not have the stomach to change market rates for services. After a burst of activity in the early nineties, the government iS dragging itS feet. At the rate, it is going. it will be another fifty years before the government realizes that a pro-business policy is the best pro-people policy By then, of course, the world would have moved even further ahead.
The writer is surprised at the Government's attitude toward its Industrialists because.
Direction: Read the passage given below. Choose the best options for the Question.
IOT has had an impact across all fields, be it industries, government, small or large businesses and even for Personal Consumption. What is IOT (Internet of things) you might ask? It’s been a growing topic of conversation for some time now. Put in the simplest term it means anything that has an on and off button and is connected to the internet for receiving, analyzing, storing or sending data. This could mean anything, from the watch that you wear to airplanes that can be controlled from a remote location. According to the analyst firm Gartner, by the year 2020, we’ll have over 26 billion connected devices. That could mean people to people, people connected to things and things connected to things. The new rule of the future is going to be “Anything that can be connected will be connected”. Take for example that when you set an alarm to wake up and that alarm goes off it not only wakes you up but also brews your coffee, sets the right temperature of water for your bath, puts on the television to bring you the latest updates from around the globe and all this before you even put a foot out of your bed. This is all done by simply getting the network of interconnected things/devices that have embedded sensors, network connectivity, software and necessary electronics that collect and exchange data. To show how far we have come with technology and connectivity, we have smartwatches such as Fitbit, Garmin to name a few that have changed the way we look at time. We have one device that not only tells us the time but also tracks the number of steps, calories, and our heart rate. This watch is actually connected to our phone so with just one turn of the wrist, one can tell who is calling or what messages have been received without having to dig through pockets or handbags. IOT is making its presence felt in health care as well. Doctors can now remotely monitor and communicate with their patients and health care providers can benefit from this. Whether data comes from foetal monitors, electrocardiograms, temperature monitors or blood glucose levels, tracking this information is vital for some patients. Many of this requires to follow up interaction with healthcare professionals. With smarter devices that deliver more valuable data, it can reduce the need for direct patient-physician interaction. Take for instance in the sporting field, minute chips are being attached to balls and bats which will transmit information of how fast the ball is travelling and a batsman’s moves, the time, the angles, the pressure on the bat at different positions, data of the muscle stretch if he’s hit a six so on and so forth. Formula one cars are also being fitted with these sensors which relay information on the minute moves being made by the driver. Chips are also being put into wearable devices of sportsmen to detect suboptimal action of any body parts to show signs of stress or strain which will help in the early detection of injuries and take preventive measures.
IOT has had an impact across all fields, be it industries, government, small or large business and even for personal consumption. IBM, Google, Intel, Microsoft, and Cisco are some of the top players in the IOT spectrum. With billions of devices connected security becomes a big issue. How can people make sure that their data is safe and secure? This is one of the major concerns in the IOT that becomes a hot topic. Another issue is with all these billions of devices sharing data companies will be faced with the problem of how to store, track, analyse and make vast sense of the information being generated. Companies are monitoring the network segment to identify anomalous traffic and to take action if necessary. Now that we have a fair understanding of IOT let’s see what impact it’s had on the education sector. The only constant in our lives is change and learning. From the get-go, we learn, be it to the walk, talk or run. We adapt to the changing times and constantly learn from them. Education or learning as we know it in the broader sense is the most important of all and the one that decides which way we handle those changes to impact us and the world. Today’s world is fast-paced and to keep up with this we need an infusion of speed with learning. From the classroom assignments, lectures, blackboards, and chalk we have come a long way to what is now known as e-learning (electronic learning) or m-learning (mobile learning). With the GenNext it is imperative to provide the right kind of education. The rise of technology and IOT allows schools to improve the safety of their campuses, keep track of resources and enhance access to information. It ensures data quality being the top priority but also facilitates the development of content allowing teachers to use this technology to create smart lesson plans and ensuring the reach of this content to any corner of the world.
One of the major concerns of IOT is:
Direction: Read the passage given below. Choose the best options for the Question.
IOT has had an impact across all fields, be it industries, government, small or large businesses and even for Personal Consumption. What is IOT (Internet of things) you might ask? It’s been a growing topic of conversation for some time now. Put in the simplest term it means anything that has an on and off button and is connected to the internet for receiving, analyzing, storing or sending data. This could mean anything, from the watch that you wear to airplanes that can be controlled from a remote location. According to the analyst firm Gartner, by the year 2020, we’ll have over 26 billion connected devices. That could mean people to people, people connected to things and things connected to things. The new rule of the future is going to be “Anything that can be connected will be connected”. Take for example that when you set an alarm to wake up and that alarm goes off it not only wakes you up but also brews your coffee, sets the right temperature of water for your bath, puts on the television to bring you the latest updates from around the globe and all this before you even put a foot out of your bed. This is all done by simply getting the network of interconnected things/devices that have embedded sensors, network connectivity, software and necessary electronics that collect and exchange data.
To show how far we have come with technology and connectivity, we have smartwatches such as Fitbit, Garmin to name a few that have changed the way we look at time. We have one device that not only tells us the time but also tracks the number of steps, calories, and our heart rate. This watch is actually connected to our phone so with just one turn of the wrist, one can tell who is calling or what messages have been received without having to dig through pockets or handbags. IOT is making its presence felt in health care as well. Doctors can now remotely monitor and communicate with their patients and health care providers can benefit from this. Whether data comes from foetal monitors, electrocardiograms, temperature monitors or blood glucose levels, tracking this information is vital for some patients. Many of this requires to follow up interaction with healthcare professionals. With smarter devices that deliver more valuable data, it can reduce the need for direct patient-physician interaction. Take for instance in the sporting field, minute chips are being attached to balls and bats which will transmit information of how fast the ball is travelling and a batsman’s moves, the time, the angles, the pressure on the bat at different positions, data of the muscle stretch if he’s hit a six so on and so forth. Formula one cars are also being fitted with these sensors which relays information on the minute moves being made by the driver. Chips are also being put into wearable devices of sportsmen to detect suboptimal action of any body parts to show signs of stress or strain which will help in the early detection of injuries and take preventive measures. IOT has had an impact across all fields, be it industries, government, small or large business and even for personal consumption. IBM, Google, Intel, Microsoft, and Cisco are some of the top players in the IOT spectrum. With billions of devices connected security becomes a big issue. How can people make sure that their data is safe and secure? This is one of the major concerns in the IOT that becomes a hot topic. Another issue is with all these billions of devices sharing data companies will be faced with the problem of how to store, track, analyse and make vast sense of the information being generated. Companies are monitoring the network segment to identify anomalous traffic and to take action if necessary. Now that we have a fair understanding of IOT let’s see what impact it’s had on the education sector. The only constant in our lives is change and learning. From the get-go, we learn, be it to the walk, talk or run. We adapt to the changing times and constantly learn from them. Education or learning as we know it in the broader sense is the most important of all and the one that decides which way we handle those changes to impact us and the world. Today’s world is fast-paced and to keep up with this we need an infusion of speed with learning. From the classroom assignments, lectures, blackboards, and chalk we have come a long way to what is now known as e-learning (electronic learning) or m-learning (mobile learning). With the GenNext it is imperative to provide the right kind of education. The rise of technology and IOT allows schools to improve the safety of their campuses, keep track of resources and enhance access to information. It ensures data quality being the top priority but also facilitates the development of content allowing teachers to use this technology to create smart lesson plans and ensuring the reach of this content to any corner of the world.
Teachers can use this data:
Read the passage and answer the question based on it.
As the climate in the Middle East changed, beginning around 7000 B.C. conditions emerged that were conducive to a more complex and advanced form of civilization in both Egypt and Mesopotamia. The process began when the swampy valleys of the Nile in Egypt and of the Tigris and Euphrates Rivers in Mesopotamia became drier, producing riverine lands that were both habitable and fertile, attracting settlers armed with the newly developed techniques of agriculture. This migration was further encouraged by the gradual transformation of the once-hospitable grasslands of these regions into deserts. The human population became increasingly concentrated into pockets of settlement scattered along the banks of the great rivers.
These rivers profoundly shaped the way of life along their banks. In Mesopotamia, the management of water in conditions of unpredictable drought, flood and storm became the central economic and social challenge. Villagers began early to build simple earthworks, dikes, canals, and ditches to control the waters and reduce the opposing dangers of drought during the dry season (usually the spring) and flooding at harvest time.
Such efforts required a degree of cooperation among large number of people, that had not previously existed. The individual village, containing only a dozen or so houses and families, was economically vulnerable; but when several villages, probably under the direction of a council of elders, learned to share their human resources in the building of a coordinated network of water-control systems, the safety, stability, and prosperity of all improved. In this new cooperation, the seeds of the great Mesopotamian civilizations were being sown.
The technological and mathematical inventions, too, were stimulated by life along rivers. Such devices as the noria (a primitive waterwheel) and the Archimedean screw (a device for raising water from the low riverbanks to the high ground where it was needed), two forerunners of many more varied and complex machines, were first developed here for use in irrigation systems. Similarly, the earliest methods of measurement and computation and the first developments in geometry were stimulated by the need to keep track of land holdings and boundaries in fields that were periodically inundated.
The rivers served as high roads of the earliest commerce. Traders used boats made of bundles of rushes to transport grains, fruits, nuts, fibers, and textiles from one village to another, transforming the rivers into the central spines of nascent commercial kingdoms. Trade expanded surprisingly widely; we have evidence suggesting that, even before the establishment of the first Egyptian dynasty, goods were being exchanged between villagers in Egypt and others as far away as Iran.
Similar developments were occurring at much the same time along the great river valleys in other parts of the world - for example, along the Indus in India and the Hwang Ho in China. The history of early civilization has been shaped to a remarkable degree by the relation of humans and rivers.
The passage refers to the earliest trade routes in the Middle East
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 response of the countries with the worst poaching problems to the situation was most analogous to:
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, egalitarianism will not survive if
The question in this section is based on the passage. The question is to be answered on the basis of what is stated or implied 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 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 or purposes were explicitly written into 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 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.
The author of the passage suggests that in English law a substantive interpretation of a legal rule might be warranted under which one of the following circumstances.
The question in this section is based on the passage. The question is to be answered on the basis of what is stated or implied in the passage.
The Constitution of the United States protects both property rights and freedom of speech. At times these rights conflict. Resolution then requires a determination as to the type of property involved. If the property is private and not open to the general public, the owner may absolutely deny the exercise of the right of free speech thereon. On the other hand, if public land is at issue, the First Amendment protections of expression are applicable. However, the exercise of free speech thereon is not absolute. Rather it is necessary to determine the appropriateness of the forum. This requires that consideration be given to a number of factors including character and normal use of the property, the extent to which it is open to the public, and the number and types of persons who frequent it. If the forum is clearly public or clearly private, the resolution of the greater rights is relatively straight forward.
In the area of quasi-public property, balancing these rights has produced a dilemma. This is the situation when a private owner permits the general public to use his property. When persons seek to use the land for passing out handbills or picketing, how is a conflict between property rights and freedom of expression resolved?
The precept that a private property owner surrenders his rights in proportion to the extent to which he opens up his property to the public is not new. In 1675, Lord Chief Justice Hale wrote that when private property is “affected with a public interest, it ceases to be private.” Throughout the development of AngloAmerican law, the individual has never possessed absolute dominion over property. Land becomes clothed with a public interest when the owner devotes his property to a use in which the public has an interest. In support of this position the chairman of the board of the Wilde Lake Shopping Centre in Columbia, Maryland said:
The only real purpose and justification of any of these centres are to serve the people in the area -not the merchants, not the developers, not the architects. The success or failure of a regional shopping centre will be measured by what it does for the people it seeks to serve.
These doctrines should be applied when accommodation must be made between a shopping centre owner’s private property rights and the public’s right to free expression. It is hoped that when the Court is asked to balance these conflicting rights it will keep in mind what Justice Black said in 1945: “When we balance the constitutional rights of owners of property against those of the people to enjoy (First Amendment) freedom(s) ......... we remain mindful of the fact that the latter occupy a preferred position.”
According to the passage, an owner’s freedom to deny freedom of speech on his property is determined by all of the following EXCEPT
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.
Which one of the following best describes the content of the passage as a whole?
