Ireland Under Coercion (2nd ed.) (2 of 2) (1888) (TREDITION CLASSICS)

William Henry Hurlbert
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iptlodz.org/blog/wp-includes/trans-escort-jennifer.php MacCarthy then incorporated it into the parapet of the castle. The proprietors of Blarney Castle list several other explanations of the origins of the stone on their website. Moreover, analysis by geologists at the University of Glasgow in found the stone's geochemical signature matches local limestone. The ritual of kissing the Blarney Stone, according to the castle's proprietors, has been performed by "millions of people", including "world statesmen, literary giants [and] legends of the silver screen ".

To touch the stone with one's lips, the participant must ascend to the castle's peak, then lean over backwards on the parapet's edge.

This is traditionally achieved with the help of an assistant. Although the parapet is now fitted with wrought-iron guide rails and protective crossbars, the ritual can still trigger attacks of acrophobia , an extreme or irrational fear of heights. Before the safeguards were installed, the kiss was performed with real risk to life and limb, as participants were grasped by the ankles and dangled bodily from the height. Holmes' investigation reveals this as a murder, the man's boots having been surreptitiously greased before the attempt. William Henry Hurlbert wrote in that the legend of the stone seemed to be less than a hundred years old at that time, suggesting the tradition began late in the 18th century.

It is claimed that the synonymy of "blarney" with "empty flattery" or "beguiling talk" derives from one of two sources. Cormac travelled to see the queen, but was certain he would not persuade her to change her mind as he wasn't an effective speaker. He met an old woman on the way who told him that anyone who kissed a particular stone in Blarney Castle would be given the gift of eloquent speech. Cormac went on to persuade the queen that he should not be deprived of his land. Francis Sylvester Mahony [14]. Echoing the supposed power of the stone, an Irish bard of the early 19th century, Francis Sylvester Mahony , added a number of humorous lines to Richard Alfred Millikin's " The Groves of Blarney " right.

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According to tradition at Texas Tech University , a stone fragment on display since outside the old Electrical Engineering Building is a missing piece of the Blarney Stone. From Wikipedia, the free encyclopedia. Blarney Castle, by L. The Guardian. Retrieved 16 March The courts have since recognised that illegitimate pressure included threats of violence to the person. For example, Barton v Armstrong [] A. The ship owners had chartered the ship to Shell and fearing a loss in the charter if the ship was delivered late, agreed to the additional payment.

In this case, Mocatta J. One recent case, however, from the New Brunswick Court of Appeal, Greater Fredericton Airport Authority Inc v Nav Canada,13 moves the discussion about the nature of economic duress forward, and for that reason, merits detailed consideration. Writing for a unanimous court, Robertson J. In recent years the debate surrounding the true jurisprudential basis of undue influence has been renewed with increased vigour.

Although the language used by the 14 Huyton v Cremer [] 1 Lloyd's Rep. Comm at per Ward L. Economic duress in construction cases have played a pivotal role developing the doctrine. In the seminal case of Williams v. Roffrey Brothers,27 the Court of Appeal, by taking an expansive view of the doctrine of consideration, established economic duress as the device for policing renegotiation of contracts. Felix U. Limited29 in the Technology and Construction Court have resulted in further development.

This research work examines the contribution of doctrine of economic duress, and argues that the doctrine emerging from the cases may be difficult to reconcile with established contractual principles. A more predictable approach, drawing on established legal principles, is then proposed. On the other hand undue influence is based on a notion of unconscionability. In particular, the unconscionable bargain doctrine, a doctrine which is both contextually and historically linked to undue influence, clearly suggests that a claimant-sided approach is not necessarily incompatible with an unconscionability-based approach to undue influence.

Furthermore, there is an overriding, explicit, unconscionability requirement in cases of undue influence, albeit often overlooked. The doctrine of duress, economic duress and doctrine of undue influence provides a vital role while determining the free will of contract. In this research work, effect of economic duress and undue influence on the validity of contracts will be critically analyzed and examined to understand the depth of the concept. Critical analysis on Undue Influence and Doctrine of Duress Essentially, undue influence requires a relationship between the parties, generally one of trust and confidence or of vulnerability and dependency, where one party exploits the other to his own 27 [] 1 Q.

It is this vitiation of consent which apparently provides the justification for the court's intervention in cases of undue influence;31 thus Ward L. Drew that, in all cases of undue influence the critical question is whether or not the persuasion or the advice, in other words the influence, has invaded the free volition of the donor to accept or reject the persuasion or advice or withstand the influence.

The donor may be led but she must not be driven and her will must be the offspring of her own volition, not a record of someone else's. The same is true in the cases of the common law doctrine of duress and the equitable jurisdiction to set contracts aside on the basis of unconscionability.

How differently have the English & Irish regarded events in Ireland since the 12th century?

It has been observed that it is the vitiation of the vulnerable party's consent which provides the justification for relief in these cases as well. The coercion of the will theory has, however, been criticised in the context of duress in particular. Etridge No. He abuses the influence he has acquired.

Skinner L. Beatson and D. It was the vitiation of her consent in the circumstances which allowed the court to find that there had been undue influence. Lau Yiu Long [] A. Pao On v. The Evia Luck No. If the substantive terms are particularly disadvantageous to the weaker side, then this will help to establish the evidentiary presumption in favour of undue influence, and will add weight to a claimant's accusations of duress or unconscionability.

Furthermore, in any case, it likely that the transaction will display substantive 37 Indeed, Lord Scarman himself conceded in The Universe Sentinel [] 1 A. Snow 13 N. Aboody [] 1 Q. Bayley L. Carter [] 1 Ch. Pitt,51 Lord Browne-Wilkinson explained that if actual undue influence is proved, the victim's right to have the transaction set aside will not depend upon the disadvantageous quality of the transaction; but where a presumption of undue influence is said to arise, the nature of the impugned transaction will always be material, no matter what the relationship between the parties.

Morgan [] A. Thus, Sir Martin Nourse held in Hammond v. O'Sullivan and J. Hilliard, The Law of Contract, 3rd ed. Oxford , p. Rather, Royal Bank of Scotland plc v. Perhaps the doctrine of economic duress will be a vehicle for such a merger?

Royal Bank of Scotland v Etridge No. Wingrove v Wingrove 11 P. Nor had she any means of forming an independent judgment even if she had desired to do so. She was ready to sign anything her husband asked her to sign and do anything he told her to do. The advantage would be that it avoided the need to reconcile the undoubted illegitimacy requirement with Birks and Chin's claimant-sided view of undue influence. However, such an approach appears arbitrary. Leaving aside those cases where the relationship between the parties makes the weaker party more submissive to the other's threatening behaviour, the exercise of influence for example, by a parent on an unemancipated child or a 75 Tufton v Sperni [] 2 T.

Jevers v Jevers 1 Bro. Nottidge v Prince 2 Giff. Thus, in Cowdry v Day,88 Stuart V. An Approach to Economic Duress It was only in that economic duress was recognised under English common law94 as an acceptable ground under the general area of duress to avoid an agreement.

In a similar way, when Yeats speaks of the fusion of the two traditions, Gaelic and Anglo-Irish, Catholic and Protestant in a new Ireland which will stand out in the modern world as the only modern culture to have preserved its ancient soul, we are being tempted to read the past in the light of a future which has yet to come. It is easy to show what is wrong with these visionary appeals. Yeats, for instance, managed to imagine a new Ireland based on the two classes which were in the process of disappearing from it - the nineteenth-century Anglo-Irish and the nineteenth-century Gaelic speaking peasantry.

But the appeal is saved from ridicule because it is rooted in the belief that there is a specific, a unique energy called Irishness which both he and Pearse identified with an anti-modernistic spirit. If it was industrial, technological, mass produced - then it was British. If it was pre-industrial, agrarian, hand-crafted - then it was Irish.

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Freeing ourselves from that, we can begin to anticipate, not remember our future. People do not only possess a culture, they are possessed by it. Identity is here and now, not elsewhere and at another time. Real independence starts with that recognition. Otherwise, a selective reading of our lost past will become an explanation for our lost future. In a strange, but unattractive way, we will remember the future because we have forgotten the past.

Civilians and Barbarians [pamph. In the case of the French, the sin was lasciviousness; in the case of the Irish, it was drunkenness. Civilisation still defines itself as a system of law; and it defines barbarism which by the nature of [the] distinction, cannot be capable of defining itself as a chaos of arbitrary wills, a Hobbesian state of nature. Even when the literature itself avoids this limitation, the commentary on it re-imposes the limitations again […] The point is not simply that the Irish are different.

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It is that they are absurdly different because of the disabling, if fascinating, separation between their notion of reality and that of everybody else. Fortnight , ; cited in W.

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The oppressiveness of the tradition we inherit has its source in our own readiness to accept the mystique of Irishness as an inalienable feature of our writing and, indeed, of much else in our culture. That mystique is itself an alienating force. To accept it is to become involved in the [17] spiritual heroics of a Yeats or a Pearse, to believe in the incarnation of the nation in the individual. To reject it is to make a fetish of exile, alienation, dislocation in the manner of Joyce or Beckett.

They inhabit the highly recognisable world of modern colonialism. One step towards that dissolution would be the revision of our prevailing idea of what it is that constitutes the Irish reality. Brendan Barrington] Spring ; available online ; accessed Heroic Styles ; Edn. In literary that could take the form of a definition, in the form of a comprehensive anthology, of what writing in this country has been for the last years and, through that, an exposure to the fact that the myth of Irishness, the notion of Irish unreality, the notion surrounding Irish eloquence, are all political themes upon which the literature has battened to an extreme degree since the nineteenth century when the idea of national character was invented.

The Irish national character […] has been received as the verdict passed by history upon the Celtic personality. That stereotyping has caused a long colonial concussion. It is about time we put aside the idea of the essence - that hungry Hegelian ghost looking for a stereotype to live in. As Irishness or as Northerness he stimulates the provincial unhappiness we create and fly from, becoming virtuoso metropolitans to the exact degree that we have created an idea of Ireland as provincialism incarnate.

These are worn oppositions. They used to be parentheses in which the Irish destiny was isolated. That is no longer the case.

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Ireland Under Coercion (2nd ed.) (2 of 2) () (TREDITION CLASSICS) eBook: William Henry Hurlbert: fejacudobemo.tk: Kindle Store. This book is part of the TREDITION CLASSICS series. The creators of this series are united by passion for literature and driven by the intention of making all.

Everything has to be rewritten - i. That will enable new writing, new politics, unblemished by Irishness, but securely Irish. Home is the place of the deformed spirit. The violent men who kill the faith healer are intimate with him, for their savage violence and his miraculous gift are no more than obverse versions of one another.

Once again, Friel is intimating to his audience that there is an inescapable link between art and politics, the Irish version of which is the closeness [77] between eloquence and violence. The mediating agency is […] disappointment, but it is a disappointment all the more profound because it is haunted by the possibility of miracle and Utopia.

In Ireland, the reverse is often true. The core of Irish nationalist feeling, orange or green, has been a moral, not a political passion. No political ideology is bound up with it by political necessity; many are linked with it ephemerally or by opportunism. It might even be argued that the separation of Irish nationalisms from socialism left them ideologically lamed to such a degree that they became little more than exercises in introversion once the two States had been formed.

The introversion helped to sustain the intensity of feeling; the sense of insecurity, especially in the North, further inflamed it; but the political world was, as a result, dominated by fidelities, loyalties, feelings which had little or nothing to control them. Everything went to heighten them. No idea of society, no idea of the future, no ideology save that of frustration, incompleteness, endless blind struggle, existed to discipline, channel, direct the energies of the community. In such a world, which was very different from that of the earlier part of the century, when programmes of national revival and rehabilitation gave form to political passion, it was almost inevitable that, for the artist, the only available resource was the construction of ideologies of an itself.

A preoccupation with history was contributory towards this, especially when, as in the case of writers as diverse as Joyce, Beckett, Flann O'Brien, Francis Stuart, Patrick Kavanagh, history was understood as something to escape from, as an emptiness which only the activity of the artist could, in compensation, fill. For almost three hundred years, Ireland has experienced a series of serious social and political breakdowns.

The essays in this volume are dominated by this theme. Although all the writers discussed are affected by politics, no one of them could be described with confidence as a political writer. At first sight this seems odd, given the self-consciously political conditions of twentieth-century Ireland.

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Part of the explanation is to be found, I believe, in the development of Irish nationalism. It is a moral passion more than a political ideology. It was and is imbued with the sense of the past as a support for action in the present and has never looked beyond that. This is particularly true after the end of the War of Independence.

Once nationalism, although only partially triumphant, was faced with the future, it became little more than a species of accommodation to prevailing predominantly British forces. Its separation from socialism left it ideologically invertebrate. It was October The occasion was the first civil rights march. Once again, people were running from the police, batons were swinging, and TV cameras were purring.

I had arrived at a crucial time. Four years later, Derry had Bloody Sunday. In between, the bloodletting in the North had begun in earnest. The only response I could make was through poetry. Then, for the first time, I began to feel a member of a generation afflicted by a historical crisis and, again for the first time, I began to have a sense of what Irish writing had, for centuries, been grappling to overcome.

William Henry Hurlbert

When history becomes coincident with biography, poetry emerges. That has happened now in the Northern for that generation which reached maturity before Everything you thought was secure and actual has now become almost ghostly and haunting, and yet at the same time, the very moment it becomes that it becomes super-real: it is the reality that puts the quotidian, one that you thought was secure, out of court. Yeats , Vol. To the end of his career he remained entranced by the spectacle of the audience which he had called into existence. That audience is sometimes the privileged sect of the magic circles; something it is the great bulk of the Irish people.

The problem of bridging the gap between them can be solved, he believes, by a process of education which will have the appreciation of literature and the reinterpretation of the Irish past as the central element in its curriculum. Ireland had to de-anglicise itself; simultaneously, it had to get rid of the callow excitements of the propagandist literature of Young Ireland, the mid-century group which, led by Thomas Davis, had made the political ballad the staple literary diet of the Irish nationalist. This was a severe process of fumigation which Yeats proposed. Edward Dowden … who had had the temerity to disparage the Irish literary revival and one of its mentors, Sir Samuel Ferguson.

This was process he was to repeat in later years. He imagines his audience, writes for it and then, in testing its reception of his work, finds that it has not become a substantial reality. Instead, his ideal audience finds its antithesis in fact. They remain embedded there as symbols and yet retain the immediacy of the historical actuality from which they have migrated. Beyond that, there are quibbles about Jane Barlow and Emily Lawless. Irish national character was most uncooperative in its attitude towards the occult vision.

Ireland , p.