Discuss Woolf Reforms Effect On Civil Justice Law Essay

Discuss Woolf Reforms Effect On Civil Justice Law Essay This essay will seek to analyse the Woolf Reforms and in that context will evaluate the overall qualitative impact that they have had on the Civil Justice system. The essay will discuss the background in which Woolf Reforms were passed, the Woolf Reforms, Impact/intention of the reforms, Objective analysis based on criticism (positives and negatives) and finally the essay will conclude by analysing whether the Woolf Reform has actually succeeded in its definitive goal of reducing cost and delay. Background In 1995 there was a survey carried out by National Consumer Council  [1]  which found that 3 out of 4 people who are involved in serious legal disputes were dissatisfied with the civil justice system. It was found that of the 1,019 respondents, 77 percent believed that the system was too slow, 74 per cent stated that the system was too complicated and 73 per cent said that it was unwelcoming and outdated.  [2]   A cursory look at history reveals that Pre-Trial process has been the subject matter of numerous reports and inquiries. Since 1968 there has been the Winn Committee  [3]  , the Cantley Committee  [4]  , the massive Civil Justice review 1985-1988  [5]  and the Heilbron-Hodge Working party jointly set up by the Bar and the Law Society  [6]  . These are outside the purview of this Essay as the new system of Civil procedure took effect on the basis of the recommendations made by Lord Woolf in his June 1995 Interim Report  [7]  and his July Final report, both of which are entitled Access to Justice  [8]  . Senior members of judiciary have always boldly defended the significance of civil justice and were concerned about the degradation and the problems inflicting the civil justice system  [9]  . Genn further stated that he was aware of the sorry state of the civil courts  [10]  . It was in this background of continuous criticism that the previous Conservative Government appointed Lord Woolf to carry out a far reaching review and overhaul the civil justice system. His inquiry is the 63rd such review in the past 100 years  [11]  . The 3 perennial problems of cost, delay and complexity have plagued the civil justice system for ages and it was these ills that the Woolf reforms sought to redress  [12]  . Indeed, the whole ethos of civil justice is bound to fail if litigation which in itself is a costly affair cannot provide timely, less expensive and simple justice. Lord Woolf wanted to eliminate the defects in the civil justice system which were identified as being: too expensive, too slow, lacking equality between powerful and wealthy litigants and under-resourced litigants, too uncertain in terms of the length and cost of litigation, too fragmented and too adversarial  [13]  . Therefore it was in this light that in March 1994, the Lord Chancellor set up the Woolf enquiry whereby ways of reducing delays and improving accessibility of civil proceedings, and of reducing their cost were to be found  [14]  . On 26th April 1999 New Civil Procedure Rules and the accompanying Practice Directions came into force. These rules constitute the most fundamental reform of the civil justice system in the 20th century, introducing the main recommendations of Lord Woolfs final report. He described his proposals as providing A new landscape for civil justice for the 21st century  [15]  . Woolf Reforms- The need for reform The whole ethos of the Woolf reforms is woven around avoiding litigation and promoting settlement between parties  [16]  . While it shall be analysed in detail whether the much needed reforms fulfilled their purpose or not, it can be stated in the affirmative that the Reforms were very well received by various quarters of the legal profession  [17]  . However, the reforms have not escaped criticism and one of their outspoken critics is Michael Zander. The inquiry by Woolf published its final report in 1996 and thereafter the proposals resulted in the Civil Procedure Act 1997 and the Civil Procedure Rules 1998, which are the same  [18]  for the County court and High Court. It needs to be clarified here that the changes sought by Woolf Reforms bear effect primarily through the Civil Procedure Act 1997 and the CPR 1998, although these have been supplemented by new practice directions and pre-action protocols  [19]  . Lord Woolf, when he began his examination of the Civil law process identified diverse problems  [20]  . His interim report of June 1995 sates that the key problems facing civil justice today are cost, delay and complexity, these three are interrelated and stem from the uncontrolled nature of the litigation process. In particular there is no judicial responsibility for managing individual cases or for the overall assessment of the civil courts  [21]  . Heilbron Hodge, who called for a radical appraisal of the approach to civil litigation form all its participants, paved the way for Woolf report and accompanying reforms . It was forewarned  [22]  by Lord Woolf that without effective judicial control the adversarial process of the civil courts was likely to degenerate into an environment in which the litigation process is too often seen as a battlefield where no rules apply immediate effect of which would be disproportionate expense and unpredictable delay  [23]  . Being conscious of all these problems, Lord Woolf envisaged a New Landscape for Civil justice which included: Litigation will be avoided wherever possible, litigation will be less adversarial and more co operative, Litigation will be less complex, the timescale of litigation will be shorter and more certain, the cost of litigation will be more affordable, more predictable, and more proportionate to the value and complexity of individual cases, parties of limited financial means will be able to conduct litigation on a more equal footing, there will be clear lines of judicial and administrative responsibility for the civil justice system, Judges will be deployed effectively so that they can manage litigation in accordance with the new rules and protocols, the civil justice system will be responsive to the needs of litigants.  [24]   For paucity of space I shall be discussing the main reforms that have an immediate effect on cost and delay: Pre-Action protocol, Part 36, Judicial Case Management and ADR. These were the brainchild of Lord Woolf, in this context I will compare Judicial Statistics as regards the impact of these reforms and will also evaluate the criticisms meted out to these reforms from various quadrants. The proposed objective of all these reforms was to encourage settlement, avoid litigation, encourage parties to be less adversarial, more cooperative, reduce complexity of litigation, reduce delay, and reduce cost.  [25]  It is but utmost important to discuss the reforms to see whether these objectives have been met or not. Pre-action Protocols The idea was pioneered by Lord Woolf and can be considered as one of the most important innovations of the Woolf Reforms. Pre-action Protocols focus on the conduct of parties in the pre litigation stage which will be taken into account by the courts both during the case and also towards the end when the final decision regarding allocation of costs is taken. Pre-action protocols serves an effective means to this end as they are accompanied by the practice directions which describe their chief objective as encouraging exchange of early and full information about the prospective claim, avoiding litigation by promoting settlement and where litigation emerges as the last resort, to support its efficient management  [26]  . It was stated by Lord Woolf in the Final report on Access to Justice (1996) that Pre-action protocols are intended to build on and increase the benefits of early but well informed settlements  [27]  .Clearly one can say that if parties know everything before han d, it does promote a healthy environment by way of co-operation and the civil litigation process can be avoided. There have been 9 pre-action protocols produced so far covering vast areas of practice such as personal injury, medical negligence and housing  [28]  . By 2003 they also existed for construction and engineering, defamation, professional negligence and judicial review. The purpose of these protocols was to  [29]  set down pre-court procedures, encourage good communication and early settlement. Further these protocols cast a duty on the claimant to give the defendant details of the claim and on the other hand the defendant must respond to these claims within a stricter period of time. The protocols state that the key documents on which the partys case wholly rests must be disclosed at an early stage. Both the defendant and the claimant must agree on the use of an expert witness where relevant. If the parties fail to comply with these pre-action protocols the immediate result is penalty whereby the party at fault must pay some or all costs of the proceedings.  [30]  Claims however, should not be issued until at least three months after the initial letter of claim wherein the claimant has written to the prospective defendant disclosing his claim  [31]  . Evaluation/impact of the protocols will be carried out in the next section but it should be mentioned here that although pre action protocols may be expensive and can lead to front loading of costs in cases which would settle without them, they might be able to prevent the unnecessary costs of issuing proceedings and listing for hearing in the same cases. Another benefit that follows from the protocols could be that they might give the parties a healthy nudge towards Alternative Dispute Resolution  [32]  . Part 36: An Innovative Approach The Woolf Reforms instituted Part 36 which provides greater incentives for the parties to settle their differences mutually. Under Part 36 procedures exist for either party to make an offer to settle their disputes and these were significantly revised with effect from 6th April 2007. Now a part 36 offer can be made before the proceedings start as well as in the appeal proceedings. In this regard Offeror refers to the party making the offer and the Offeree is the one receiving it. Upon acceptance of an offer by the claimant a duty is cast on the defendant to pay the sum offered within 14 days, failure to do so would allow the claimant to enter judgement. Also, any pre- action offer to settle while making an order for costs will be taken into consideration by courts. A side refusing it will be treated less generously and this usually applies to offers which are open to the other side for at least 21 days after the date they were made. Lord Woolf suggested that for a settlement offer to qualify as an offer under Part 36 it must be made in writing with the intention to have the consequences of part 36. As regards Defendant making the offer, a period of not less than 21 days must be specified whereby the defendants liability for claimants will be established if the offer is accepted. Under the revised Part 36 however, any offer may be withdrawn after the expiry of the relevant period, as defined in Rule 36.3.1.c, without the courts permission  [33]  . Michael Zander states that when the defendant pays a sum of money into the court account as an offer of settlement, the case would end upon acceptance of the money. However if the offer is refused by the claimant, the defendant can still increase his payment-in. Upon further refusal the case will go to trial and the outcome will be determined by the court. If the Claimant does not recover more than the amount paid in, the court will order him to pay the cost of both sides from the date of payment-in. It would be worth mentioning Calderbank letters here because technically the system applies only to cases which concerned damages or other money claims whereas under these letters if the defendant makes an offer of settlement without prejudice save as to costs it would virtually be treated by the courts in the same way as if it was payment into court. Pre -CPR this rule 36 was applied inflexibly. Post 1999 the courts are able to mitigate the harshness of the traditional rule where the cl aimant was automatically ordered to pay the cost of both the sides upon failure to secure more than the amount paid in by the defendant. New rules now provide for the Claimants offer, which was considered to be a big change. For money claims Part 36 payments apply, however, where the claim is not monetary, the defendant can still make a part 36 offer (as opposed to part 36 payment) and thereafter the same basic rules shall apply. However the courts discretion  [34]  applies. All in all allowing the claimant to make an offer of settlement under the CPR has proved to be a welcome step  [35]  . The analysis of Part 36 will be discussed in the next section. Judicial Case Management: Striking a balance This is the most significant innovation as it was perceived by Lord Woolf that case control by judiciary, rather then leaving the conduct of the case to the parties, will bring the cases to trial quickly and efficiently  [36]  . It can be seen that the litigants in this new system will have much less control over the pace of the case than in the past. As the case is now subject to a timetable, parties will not be able to draw out proceedings and cause delays. A positive duty is cast on the court which means  [37]  : Civil Procedure Rules 1.4(1) encouraging parties to co-operate with each other in conduct of the proceedings, identifying the issues at an early stage, encouraging parties to use ADR, helping parties to settle whole or part of the case. Under the CPR Cases must be assigned to 1 of the 3 tracks: small claims, fast track or multi-track, each having its own separate regime depending primarily on the financial value of claim  [38]  . Limit for small claims cases is  £5,000 except for personal injury and housing cases where it is  £1000. Proportionate procedure is followed where straight forward claims with a financial value of not more than  £5,000 can be decided without needing substantial pre hearing preparation or formalities of substantial trial and also without incurring large legal costs  [39]  . These procedure under small claims are controlled by district judges on informal basis  [40]  . Cases involving amounts between  £5,000-15,000 are dealt here unless they are deemed unsuitable. The fast track procedure incorporates a set timetable of no more than 30 weeks to trial, limited pre-trial procedures, trials restricted to no more than 3 hours (which was further extended to 5 hours), restrictions on oral evidence form experts and recovery of standard fixed costs  [41]  . Cases involving amounts exceeding the fast track limit or cases with lesser amounts which are considered complex or to o important for small claims or fast track cases are dealt with here  [42]  . Evaluation of the impact of judicial case management on reduction in cost, delay and complexity will follow in the next section. ADR, though not part of the traditional Court system, has been brought in connection through the CPR. Lord Woolf in his Final Report urged that people should be told and encouraged to resort to a growing number of grievance procedures, or the ADR before taking up legal proceedings. These ADR feature prominently in the rules and CPR 1.4(1)  [43]  states that the court must further the overriding objective by actively managing cases. However, Lord Woolf commented that ADR cannot be imposed compulsorily on parties at dispute in civil litigation  [44]  . There are no complex court procedures to be adhered to while using ADR and also it saves a lot of time and avoids ever escalating litigation costs. Experts evidence was another area with which Lord Woolf was concerned. It was contended by him that expert evidence was a major cause because of which excessive expense, delay (in some cases) and complexity increased. He wanted to do away with the system where both the parties could appoint their own experts, rather he envisaged a single expert who would owe his allegiance to the court rather than to the parties. Given the criticism of his proposal he admitted that though a significant shift towards single experts is not immediately possible, nevertheless it was possible to initiate a shift in that direction  [45]  . Impact/Evaluation of the Reforms Before evaluating the reforms it may be stated in the affirmative that the Overriding Objective of the new CPR was to enable the courts to deal justly with the cases. CPR rule 1.1(1) reads: These rules are a new procedural code with the overriding objective of enabling the court to deal with cases justly  [46]  . The combined effect of the major reforms was to avoid parties going to litigation and to promote settlement. This merit analysis based on empirical data wherein the major focus is to evaluate reduction in cost and delay. Early evidence reveals success on the part of these radical changes as, there was 25 % reduction in the number of cases issued in the county courts in May August 1999 which in comparison to the same period in the previous year was much less. This further fell to 23 % by the end of January 2000. Lord Phillip stated that the reforms have proved to be effective in changing the whole ethos of litigation but litigation itself is still expensive. It was commented by Gary slapper et al that overall reforms can be seen as a triumphant step in the right direction as larger proportion of society is able to achieve greater access to justice especially when the issues at dispute are relatively small and can be dealt with quickly and cheaply in the small claims track. However, t he reforms do not fare that well where complex commercial disputes are concerned.  [47]   As a result of the reforms many positive changes have occurred, the culture has become less adversarial, there is better exchange of information between the parties before the start of litigation and settlement now focuses on the substantive issues in the case  [48]  . Cards on table culture, as it can be called, is a major factor leading to settlement. Communication and exchange of information at an early stage always help  [49]  . Furthermore, claimant offers under Part 36 were praised as claimants could now obtain a response from the defendant and defendants also benefitted from them as they could set upper limits to the bargaining. Protocols, by focussing on formulating clear ground rules on the basis of which claims are formulated and responded to, encouraged parties to focus their minds on the key issues at an early stage  [50]  . File survey undertaken by Goreily et al revealed that median time in case of medical report to settlement had fallen from 170 days pre Wo olf to 123 days post-Woolf, thereby reflecting that settlement has become quicker  [51]  . In case of large claims which were subject to court timetables, solicitors thought the speed has become quicker. As regards cost it was acknowledged that costs increased because of front-loading as now more work is required to be done during the initial stages  [52]  . Evidence regarding protocols suggested that it had some impact in reducing costs as earlier exchange of information could lead to speedier settlements because both sides become aware of the issues much sooner. Case management evaluation however, received a mixed response. Experience in relation to High Court Masters in London was perceived as positive and leading to a greater incentive to reach agreement before hearing. However, outside London the experiences were not that positive  [53]  . Judicial statistics reveal that the number of claims have fallen to less than 1,90,000 in 2005 as compared to 2,20,000 in 1998. All this has happened since the coming into force of the Woolf reforms, though favourable economic climate may also account for this  [54]  . Cases have diverted from being litigated in the courts as a result of the use of pre-action protocols and claimant offers under part 36 which encourage pre-trial settlements, causative effect being that only 8% of cases which are listed for trial settle during the course of trial and 70% settle much earlier. This is suggestive of the fact that the reforms have been a positive step towards out-of-court settlements which have the advantage of providing a quick/speedy end to the dispute coupled with a reduction in costs  [55]  . First evaluation of the new Civil Procedure Rules by the Government  [56]  indicated the overall benefits of reforms whereby it was stated that cases are settling much earlier and not at the courts doorstep. Litigation is regarded as the last resort by lawyers and clients who now make greater use of ADR. Pre-action protocols were believed to be a success. All these findings are further supported by the latest research  [57]  into the civil justice system  [58]  . A major official study published by the institute of Civil Justice at the Rand Corporation in California (Kakalik et al, 1996) looked into the effect of American Civil Justice Reform Act 1990 based on a survey of 10,000 cases. And found that early use of Judicial case management can yield reductions of one and a half or 2 months to resolve cases that would otherwise last at least 9 months. Discovery timetables further reduce time to disposition and also the number of hours spent by a lawyer working on the case. However one drawback is that case management will ultimately lead to an approximately 20 hour increase in lawyers work overall  [59]  . Only 2 proper research studies on the impact of Woolf reforms have been there so far. The first one was carried out for the Civil Justice council and the Law Society (Goreily et al.)  [60]  on pre -action behaviour. The second for Department of constitutional affairs by Professors Peysner and Seneviratne  [61]  dealt with the case management  [62]  . It was contended on the basis of this second research that protocols generate co-operation, and help prepare cases in a organised way and also discussed widespread employment of single joint experts and that days of hired guns are over.  [63]  . It is important here to mention the benefits accruing as a result of the Woolf Reforms which have been validated from a variety of sources  [64]  : Culture seems to be less adversarial which reflects a better future, Pre action protocols have received laudable applause, Part 36 offers and payments seem to promote healthy settlement, single joint experts seem to work better in contrast to views of critics. Judicial Statistics reveal that average waiting time in county courts from issue of claim to trial has reduced form 85 weeks in 1998 to 52 weeks in 2005  [65]  . Analysing Statistics from Department of constitutional affairs, Reynolds Porter Chamberlin (RPC) a large city law firm found that in the first year of the reforms there was a 41.3 % drop in cases being litigated and in the following 5 years(in 2005) it further declined to a drop of 1.7%  [66]  . District Judge Terence John being sceptical however, stated that the reforms have changed the civil legal world for better and are here to stay. He further observed that 70 % of the claims are being dealt through the small claims track and 20 % through the fast track; all this makes recourse to justice realistic  [67]  . Also Judge Charles Harris QC commented, trials are held pretty briskly as a result of case management which restricts incompetent litigators to prolong the case.  [68]   Criticism A major criticism of the Woolf reforms was mounted by Zander who opined that there is immense pressure  [69]  on parties to enter settlement once the case begins. Empirical evidence suggests that it is not necessary that pre-trial hearing will reduce cost and delay  [70]  . Further report by T. Goreily et al suggests that overall time before and after reforms have remained the same  [71]  . (However it may be stated, further empirical data on delay as a result of reforms a

How does Stevenson play with the Concept of the Double in ‘Strange case of Dr. Jekyll and Mr. Hyde? Essay

The novella in question is ‘Strange Case of Dr. Jekyll and Mr. Hyde’ written by Robert Louis Stevenson in 1885 at his residence in Bournemouth after a tragic nightmare. I am going to discuss the subject of duality in the novella. It is set in the nocturnal streets of London in the Victorian era, a period in which doubles and opposites were frequent. Curiously, this novella looks at the life of a scientist called Henry Jekyll who formulates a potion enabling him to temporarily transform both his personality and physical appearance. This new individual is Mr. Hyde, the ‘id’ or the simian who ‘hides’ inside Dr. Jekyll. In many ways, this book reflects Stevenson himself and the Victorian period as a whole. I look at this novella from a various different origins; the father to son relationship as in Jekyll’s confession ‘Jekyll had more than a father’s interest; Hyde had more than a son’s indifference.’; the hypocrisy in the Victorian age as Carew the MP gives the impression of being a homosexual and finally, the adolescent boy inside the grown man which due to Hyde’s physical status, he looks and feels younger. Stevenson represents duality through the physical appearance of the people and places in the book. The first is the entrance to the shared residence which, is both Jekyll’s and Hyde’s habitat contemporaneously although it is not very obvious. The door by which Hyde enters is described as being ‘blistered and distained’ whilst Dr. Jekyll’s entrance has a great faà ¯Ã‚ ¿Ã‚ ½ade. The blistered door can be a reference of a particular sexually transmitted disease, syphilis; Stevenson is trying to code one of the problems that society had in those days. These aspects were frequent in Victorian houses seeing as the front would be lavish whilst the rear constructed of inferior yellow bricks which gives reality a smokescreen. Hyde’s entrance is described as ‘nothing but a door †¦ a blind forehead †¦ discoloured wall†¦ prolonged and sordid negligence†¦ was blistered and distained.’ These descriptive terms imply that the rear of the building was the hideous side, to be kept away from the public eye. This quotation also refers to Mr. Hyde, as it says ‘a blind forehead†¦ discoloured wall.’ At the time, people with big foreheads were considered to have criminal tendencies. The ‘discoloured wall’ can represent the fact that Hyde was a suppressed part of Jekyll and therefore has no colour of its own. There is repetition of two in describing this access seeing as there are ‘two doors†¦ two storeys.’ which again gives us a clear message of segregation between the two characters. Soho once had a reputation for prostitution and brothels and it would be where the aliens or foreigners would go in that period. This is also where Hyde lives; his dwelling has two faces to it. The exterior was sordid and squalid whilst the interior was lavish and elaborate with expensive furniture. We can easily relate this with the characters in the story where the sleazy exterior represents Hyde but inside him is an aristocratic Victorian gentleman. Stevenson refers a lot to interiors and exteriors, ‘pockets inside out†¦ lock fast drawers stood open.’ This is an exposition of the interior, a mirror image; Stevenson is trying to expose the truth of society at the time by showing what is inside. As the ‘pockets’ were ‘inside out’, or in a different sense, inverted, which could refer to an inversion of sexuality which maybe Hyde was leading at the time as he was a mirror image, thus the opposite of Jekyll. Jekyll was the complete reverse of the ‘id’ in physical aspects such as the stature and the age but also in an ironic way that Hyde kills peoples and Jekyll saves lives. The fog that surrounds Utterson as he goes to Soho can also be seen as both a London particular and a reflection of his state of mind. His confusion as he tries to find connections between Jekyll and Hyde is constantly ‘reinvaded by darkness’. This has a double meaning, it could be that Utterson is loosing focus and then regaining it or, it could be that Hyde being the darkness recurrently invades Jekyll. In this atmosphere, there is an inversion of day and night due to the fog, and there would be a ‘glow of rich, lurid brown’ due to the faecal waste and the filthiness of Soho. The three main characters of the book are Jekyll the ‘ego’, Hyde the ‘id’ and Utterson the ‘superego’. Throughout the whole passage, there are no real female characters which, represents the sexism prevalent at the time. Moreover there are auxiliary characters such as Enfield, Carew and Lanyon. Enfield is one of the first mentioned in the book; he appears to lead a double life as he finds himself in the streets of London at three in the morning which suggests that he might have been out in the brothels or maybe leading a second, homosexual life. Sir Danvers Carew also gives a similar impression of leading a two faced life as he too finds himself meandering the streets of London late at night. An explanation that we can offer for the cause of his death was that he had mistaken Hyde for a homosexual prostitute and Hyde released the simian that he was, ending up with the MP’s death. By showing this, Stevenson is trying to show the hypocrisy in society at the time as Carew was both a homosexual and a Member of Parliament that had outlawed such behaviour. Mr Hyde is probably the most complex and mysterious character in the novella. All the characters that see him, sense this unidentifiable deformity in him. This could be due to moral depravity. At the time, deformity was not accepted and those who were deformed were unwanted in the society. Stevenson captures the way people perceived Hyde’s deformities in one passage of the book ‘Snarled †¦ savage †¦ pale and dwarfish †¦ deformity †¦ husky †¦ murderous †¦ hardly human †¦ troglodytic †¦ foul soul †¦ Satan’s signature on a face.’ We have the impression of an amoral, ‘ape-like’ being who is of a different order to the rest of society. As Mr. Hyde attacks the little girl and tramples over her he again gives this barbaric image of an untamed beast or a ‘masked thing like a monkey’ on the other side of this mask is the opposite of this beast. The opposite of the beast; Jekyll is the ‘ego’ and the respectable face in society, a doctor and a wealthy middle aged man. Jekyll and Hyde are one being and this is shown in various instances, in the opening chapter, as Hyde has trampled the little girl, he remarks ‘No gentleman but wishes to avoid a scene’ meaning that he believes himself still a gentleman therefore a part of Jekyll is still present but is hidden inside the binary figure. Henry Jekyll’s response to Utterson ‘You do not understand my position †¦ I am painfully situated, my position is a very strange – very strange one †¦ cannot be mended by talking†¦ it isn’t what you fancy; it is not so bad as that’ gives the impression of him being involved in an illicit affair or blackmail. Jekyll is reassuring Utterson that it is not the usual case a lawyer was used to. Utterson gives a very vivid description of what he thinks about the two characters Jekyll and Hyde, ‘turns me quite cold to think of this creature stealing like a thief to Harry’s bedside.’ This quote clearly tells us that the other characters do not know of Jekyll’s duality. What I believe Stevenson is trying to get across is this message of ‘a monster next to his creator or his double’ the man that created the being that will lead to his destruction. Stevenson applies different layers to the structure of the book where nothing is quite what it seems. The book opens with a frame narrative but ends abruptly with Jekyll’s confession. This can be interpreted as the presence of Hyde; at the beginning it has a frame but at the end this book closes without one as he is not present. The story consists of multiple narratives which again lie within a narrative and this corresponds to Jekyll and the character within him, Hyde. One example is in Dr. Lanyon’s narrative and in Dr. Jekyll’s letter to Lanyon. In the last chapter, Stevenson begins to write in the first person and suddenly there is a shift of person as he talks about Hyde, in such a way as to set aside his second self. ‘He, I say – I cannot say, I.’ as Jekyll begins to regret his discovery and the impossibility of controlling his other self. Furthermore, in the confession, this change of person can be considered as a confused identity, Hyde slowing taking control and manipulating Jekyll. Throughout the novella there are explicit references to the double that are used in either a numerical or a metaphorical way. In the last paragraph of the novella, Stevenson emphasises the sense of the double as he finally reveals, to the shock of the Victorian reader, the duality of Jekyll. The reoccurring references to the double in his confession seem to be a means that Jekyll uses to reassure himself that Hyde is not taking over by segregating him. Stevenson is telling us this strange case starts with one person and will finish with another, meaning that by the end of the process, Hyde takes over and Jekyll will lie dormant and suppressed as once his double did. The obsession that Dr. Jekyll has with the double could also be a reference to the obsession he feels with the experiment; as Lanyon describes the entry book ‘ ‘double’ occurring perhaps six times in a total of several hundred entries. This feeling of the double also appears in various puns and metaphors. ‘On the other side’ is used as ‘on the other hand’ but has been carefully chosen since not only is Jekyll another surface to his physical self but also writes with his left hand which could be referring to sinister (deriving from left in Latin) evil. A mixed metaphor is used in the confession ‘the animal within me licking the chops of memory’ this metaphor has a double duality to it. Hyde is the animal within Jekyll and as we know of Hyde’s deformity, the ‘chops’ could be of his face, whilst the use of ‘memory’ gives us the feeling of it all possibly being a nightmare. As Stevenson wrote this book, he was suffering from tuberculosis and ‘the animal within’ could be the disease wearing him away. The language used describing Dr. Jekyll’s cabinet has a double symbolism to it. The cabinet is clearly divided into two parts, the ‘cosy fireside’ with ‘the things laid out for tea’ and the ‘kettle singing’ gives us this feeling of the place being homely and comforting whilst on the other hand, there are ‘the glass cases full of chemicals’ giving a different atmosphere to the rest of the room. ‘Several books on the shelf†¦ open†¦ annotated†¦ startling blasphemies.’ The book that is laid next to the tea things, presumably a holy book, had been written on with wickedness by Hyde. We can relate this to the fact that it was open meaning that Hyde had been unleashed. The last object yet, probably the most significant in the room, is the cheval-glass. Stevenson shows his bilingual skills and produces a bilingual pun. In French, a cheval glass is also called a phsycà ¯Ã‚ ¿Ã‚ ½ which is another way of saying psyche. As Utterson and Poole peer into this glass and see nothing, it is another way of saying that they peer into the psyche of Jekyll and Hyde and see nothing as ‘they’ are both dead. This pun tells us a lot of what Stevenson thought of society at the time. Stevenson uses the cheval-glass to say that the Victorian era was not yet ready for psychoanalysis. There are various ways in which Stevenson shows the socio-historical characteristics of the novella and of the time. The typical Victorian gentleman was well known for his duality. This could have been for sexual suppression since there are many sexually-related citations with the lack of female characters and the compromising situations the reader often finds them in. At the time, the exciting possibilities and dangers of science posed many questions to the Victorians. This was epitomised by the fierce debate caused by the publication of ‘The Origin of Species’. This novella can be related to this question as it shows a vast contrast between the two figures, Hyde being the simian and Jekyll the religious man who believes in God. Social problems that were faced at the times were many and severe. Syphilis was a very widespread sexually transmitted disease which was due to the many brothels present in London. Drug addiction was another of the society’s worries; this book tightly relates to this problem as Jekyll depends on the chemicals that he requires to keep Hyde under control. Drugs also had a hallucinogenic effect on people and what Stevenson may be saying is that the whole of the double life that Jekyll was leading was a hallucination and that the drugs transform oneself into another being; that is why he finally dies as Hyde due to toxic-dependency. Victorian society was also obsessed by class. The industrial revolution emphasised the gap between the upper classes and the working class. Stevenson played on the prejudices of his re aders in making Hyde a proletarian figure in contrast to the upright and apparently worthy Jekyll. In conclusion, this novella has many subtexts and concealed messages which the 1886 reader would have readily identify with. This was because they would be exposed to these things every day. We now have a different view of society and science but it could be questioned whether we are any less hypocritical. The theme of the double still continues to inspire play writers and novelists now and for a long foreseeable future.

Testing Test Or Not Test - 1590 Words

To Test or Not to Test? Standardized tests have had their share of controversy throughout the years. They are a highly controversial and a well debated topic. There are many people who believe that the tests provide an accurate measurement of student performance and the effectiveness of the teacher. But others believe that a single test on a single day cannot consistently determine these things and that the practice of these tests are extremely overused. So the question is, does standardized testing help teach us the material that we need to further our education? Standardized tests have caused problems for America’s children; some do amazing on those tests and then there are some who do terrible because of stress and not being prepared properly. About 16-20% of students have high test anxiety causing them to stress and become extremely nervous when they take the test; students like this tend freeze or blank out on the tests. 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The Legacy of Ronald Reagan The Fortieth President of the...

The fortieth elected president of the United States is none other than the great Ronald Reagan. Reagan left a legacy behind him and still to this day is considered one of the best presidents to serve our nation . Throughout Reagans life he accomplished many great feats such as being a two-term president, film and television actor, radio announcer, and the governor of California Ronald Reagan was born in Tampico, Illinois to Jack and Nelle Reagan on February 6, 1911. Reagan’s father was a salesman and storyteller while his mother was very involved with the church. Reagans’ father nicknamed him â€Å"Dutch† due to his fat little dutch boy appearance. Reagan and his only sibling, Neil, grew up together living in different cities around†¦show more content†¦Reagan’s experience with communism and the Black List during his acting career changed his political views from liberal to conservative. He ran for the Governor of California and was elected beco ming the 33rd Governor. Reagan decided to run for the 1980 Presidential campaign against President Jimmy Carter. Reagan won the campaign with 489 electoral votes and choose George Bush as his running mate. Reagan addressed the rising economic issues in his inaugural speech saying, In this present crisis, government is not the solution to our problems; government is the problem. After 69 days of office Reagan was shot by an attempt of assassination he soon recovered though and was quickly back in office. The near death experience only increased the presidents popularity and made Reagan more determined than ever. Due to this increased popularity it allowed Reagan and Bush to be re-elected for a second term in 1984 by an unprecedented amount of electoral votes. Throughout Reagan’s eight years of presidency he had some traumatic events unfold. One very big moment for Reagan was the release of the 53 Americans that had been held hostage in Iran. On the issue of Communism and the C old War Reagan once said, Our strategy is defensive; our aim is to protect the peace by ensuring that no adversaries ever conclude they couldShow MoreRelatedEssay on Ronald Reagans Courage 731 Words   |  3 PagesRonald Reagans Courage What does it take to stand up against politicians? To fight for what you believe in and what you think would benefit the United States of America? It takes courage. Ronald Reagan has that courage, not only did he stay true to his beliefs and ideas, he accomplished them within his presidency. He believed people should be less dependent on their government. Reagan asked citizens to Begin an era of national renewal during his inaugural address. He also declared,Read MoreRonald Reagan, The Great Communicator Of The United States Of America Essay2033 Words   |  9 PagesRonald Wilson Reagan, the great communicator of the United States of America began his legacy of embodying the conservative movement during one of the most famous speeches in American history. Before Ronald Reagan became the fortieth president of the United States, he began his switch from acting and movies to government and politics. Early in Reagan’s career he saw himself as a democrat, with Theodore Roos evelt as his hero. This would change thru his acting and professional career as Ronald Reagan