Alvy’s First Session Annie Hall’s First Scene and Its Relation to Bergman - Literature Essay Samples

Alvy’s First Session: Annie Hall’s First Scene and Its Relation to BergmanThe influence of Ingmar Bergman, Woody Allen’s favorite filmmaker, can be seen in many of Allen’s later films, but his inspiration is also evident in 1977’s Annie Hall. In protagonist Alvy Singer, Allen creates a wandering, Bergmanesque character whose problems are largely psychological but, though his agonies are internal, the audience is made aware of them through confessional scenes. The audience becomes a sort of psychiatrist that hears all of his qualms with the world around him and within him. The storyline is not typical of a standard Hollywood film; like Bergman Allen jumps around in a free association style that allows the audience to understand exactly what he is thinking and when and experience it with him. Although a complex character and narrative form in the Bergman tradition emerges throughout the film, the first scene clearly establishes these complexities.The identity of Alvy Singer develops in a free association manner, and the first scene gives a clear understanding of his wandering nature and his attempt to hide elements of himself behind a mask. After the credits have rolled in a simple format of white text on a black screen without the presence of music, an intimate close up of Alvy Singer confronts the audience. In front of a plain brown backdrop that fails to contrast his checkered brown jacket, Singer relates a joke that he believes applies to life. Replacing the spectacle of Hollywood openings stands the unimpressive Singer in a sparse mise-en-scene that does not provide any indication of the setting. The camera holds still on Singer’s rapid dialogue and mannerisms; his frequent hand gestures contrast the immobile angle as if the camera either does not understand the man before it or is perhaps just unacquainted with him − a state shared by the audience. The witty character of Singer now seems too colorful for the b rown background, yet his jacket almost fuses into it; only his black rimmed glasses and red shirt give any indication of his actual person. Although he has been intimate with the audience, the jacket suggests that he has things to hide. The jacket also functions as a symbol of Singer’s attempts to fit in to his surroundings. Throughout the film he struggles with who he is and where he fits in, often wanting simply to blend into the background, so that, say, fans at the movie theater or intellectuals at the New Yorker party will notice him. This is also reflected in the very beginning, where the first noise the audience hears is the deep, anxious breath that Singer takes before he begins his monologue. His camouflage-like costume and display of anxiety creates an uneasy tension as the film proceeds as to whether Singer has been completely forthright with his account, which is reminiscent of Bergman’s characters creating illusions themselves. In addition to this, a few scenes later as a beautiful woman blows a kiss to the camera, he notes that â€Å"his mind tends to jump around a little and I have some trouble between fantasy and reality.† His position as a narrator has now been compromised, however the â€Å"truth† of his life does not matter as much as his perception of his reality, which influences his actions and allows the audience to gain insight into his Bergmanesque wandering character. Yet the question exists as to whether this character being presented is the true Singer or the self he wishes to present.Besides the intricacies of Singer’s personality, the first scene also establishes the narrative’s non-linear form, which Bergman often used. The opening intimate shot of Singer, which supplants the Hollywood formula of establishing shots, disorients the audience because of its bluntness. The order seems backwards; the intimate precedes the peripheral information. The dialogue follows this form as Singer divul ges his theories on life before he reveals his name. However, after a short digression about aging Singer releases the reason for his unconventional actions: â€Å"Annie and I broke up and I still can’t get my mind around that and examining my life to figure out where did the screw-up come.† He has come to the audience seeking answers; exploring the circumstances on his own has not yielded a satisfactory answer. The nature of his inquiry explains his quick release of intimate details. After seeking assistance from people in his world like an older woman and a couple, he finally relinquished hope for a human to provide a reasonable answer, so he sought counsel with a horse. Now in a further act of desperation, he unconventionally breaks the Brechtian fourth wall in his search and addresses the audience. Singer’s obsession with Annie appears in his free association form of the narrative. Regardless of whether it is something someone has just said, something he has said or seen, or something entirely dissimilar, events trigger a jump to his time with Annie. The randomness and persistence of these associations indicates that his emotional state is that of a broken-hearted lover. His state of mind becomes the setting of the story. What he thinks, the audience sees; at one point he reverts to animation as he talks to the Wicked Witch from Snow White and the Seven Dwarfs (1937). The jump cuts and flashbacks are all elements of free association discontinuity; he analyzes himself, and the audience must examine his psyche as well. Eventually they become fused and Singer’s narration disappears. The ellipsis editing moves fluidly without explanation from Singer because the peripheral details have been filled in, allowing the audience to enter an intimate relationship with the character. His thoughts become places that he can freely enter into with the audience and he can interact with his past because it is tied to his being. In a scene later in the film, Singer enters a flashback with Annie and Rob, and Singer yells at his parents that they are both crazy for arguing over their maid stealing. His friend Rob tells him, â€Å"Max, they can’t hear you.† The mechanism of this flashback conveys the principle of the impossibility of interfering with one’s past. However, in Singer’s perception this impossibility becomes entirety possible; in the next scene Rob speaks with Aunt Tessie, a face from the past. This relates Singer’s belief that the past intertwines with the present and future, and interaction is necessary for understanding all states of time and perhaps himself. This results in the triumph of free association narrative, which Bergman utilized most famously in his film Persona (1966).Annie Hall is a story whose form is dictated by the free associations of its main character. This is established in the first seemingly bland scene that reveals Singer’s persona, which dictates the style of the film.

Analysis Of The Book Heart Of Darkness By Chinua Achebe

In Chinua Achebe’s essay, â€Å"An Image of Africa: Racism in Conrad s Heart of Darkness,† Achebe purports that Joseph Conrad’s short story, Heart of Darkness, should not be taught due to it’s racist caricature of Africa and African culture. In Conrad’s book, Marlow, a sea captain, is tasked with venturing into the center of the Congo, otherwise known as the Heart of Darkness, to retrieve a mentally unstable ivory trader named Kurtz. Marlow narrates his adventures with a tinge of apathy for the enslaved Congolese who are repressed beneath the foot of the colonizing Belgians. In Heart of Darkness, the Africans are reduced to â€Å"savages† and cannibals with little or no moral values. It is Achebe’s argument that due to these characterizations, it is an abomination that Heart of Darkness be continued to be taught. Despite Achebe’s vehement opposition to the teaching of Conrad’s novel, academics should not only continue to teach Heart of Darkness in a lyrical sense, but also a historical one. In Heart of Darkness, the reader is given the a first person account of the horrors of imperialism bolstered by Conrad’s own experience travelling up the Congo River. Patrick Brantlinger, a professor from Indiana University, defends Conrad noting that, â€Å"much of the ‘horror’ either depicted or suggested in Heart of Darkness†¦ exposed Leopold s bloody system between the time of his return to England and the composition of the novella in 1898-99.† Even Achebe at concedes in his essay, â€Å"An Image ofShow MoreRelated Misleading Interpretations of Conrads Heart of Darkness Essays1186 Words   |  5 PagesMisleading Interpretations of Conrads Heart of Darkness Chinua Achebe, a well-known writer, once gave a lecture at the University of Massachusetts about Joseph Conrads Heart of Darkness, entitled An Image of Africa: Racism in Conrads Heart of Darkness. Throughout his essay, Achebe notes how Conrad used Africa as a background only, and how he set Africa up as a foil to Europe,(Achebe, p.251) while he also projects the image of Africa as the other world, the antithesis of Europe andRead MoreHeart Of Darkness Essay1426 Words   |  6 PagesJoseph Conrads novel Heart of Darkness uses character development and character analysis to really tell the story of European colonization. Within Conrads characters one can find both racist and colonialist views, and it is the opinion, and the interpretation of the reader which decides what Conrad is really trying to say in his work. Chinua Achebe, a well known writer, once gave a lecture at the University of Massachusetts about Joseph Conrads Heart of Darkness, entitled An image of Africa:Read MoreEthnocentrism: with Whom Resides the Heart of Darkness?790 Words   |  4 PagesEthnocentrism 1 Ethnocentrism With Whom Resides the Heart of Darkness? Antonio Arevalo James Campbell High School Ethnocentrism 2 Abstract This paper discusses Heart of Darkness, Joseph Conrads most acclaimed novel, and attempts to determine what the heart of darkness that Conrad speaks of is. I found, through my interpretations, that the heart of darkness is the ethnocentrism that Europeans maintained in the age of colonialism. More specifically, this ethnocentrism broughtRead MoreThe Heart Of Darkness By Joseph Conrad1166 Words   |  5 Pages1 Dr. Olumide Ogundipe ENGL 103-X04 7 Dec 2016in The Use of Darkness in Heart of Darkness Everyone claims to be equal, and nowadays people are working hard to create equality regardless gender and race. Meanwhile, race and ethnicity become one of the most popular topics of modern literature. The Heart of Darkness by Joseph Conrad depicts a story of colonization took place in the Belgian Congo through Marlow’s perspective. 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The praise he has receivedRead MoreAnnotated Bibliography Of The Heart Of Darkness1207 Words   |  5 PagesNoel Guillen Mr.Nigro English 8/12/17 The Heart of Darkness and the Secret Sharer Annotated Bibliography Zeitler, Michael. â€Å"Isolation in Heart of Darkness.† Encyclopedia of Themes in Literature, 3-Volume Set, Facts on File, 2010. Blooms Literature, online.infobase.com/HRC/Search/Details/38721?q=heart of darkness. Accessed 30 Nov. 2017. Early in the narration of the heart of the darkness, it starts as Marlow the fellow sailor traveler that has an adventuress mindset but he is a very quiet andRead MoreChinua Achebe : The Invention And Mastery Of Modern African Literature1595 Words   |  7 PagesColleen ODonnell ENG 290 Professor Mann 7 December 2015 TITLE In her essay Chinua Achebe: The Invention and Mastery of Modern African Literature Emeka Aniagolu labels Chinua Achebe as â€Å"the single most important literary figure in modern African literature† (1). Aniagolu goes on to praise Achebe as â€Å"perhaps the most well-known, most widely read, most translated, and most widely respected modern African writer, novelist and polemical essayist†, especially considering he as been crowned as the inventorRead MoreEnhancing Cultural Interactions and Removing Misunderstandings2291 Words   |  9 Pagestranslated, there is an increased potential for misunderstandings to take place. Analysis of Cultural Interactions The best way to make an analysis of how different cultures can interact, it is important for us to have insight of individual cultures. As mentioned above, there should be an understanding of different cultural styles along with the behaviors and values of people. 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Information system has become as universal in our daily...

Information system has become as universal in our daily business activities as human resource management, marketing, finance or any other major business functions. Information system play vital role to provide management with control over their data and to operate successful businesses. They make up a significant field of study in business administration and management, and this is the most business imperatives that include in a course in information system. If we want to understand information system and functions, first we need to be sure on the concepts of a system. A good foundation of understanding is to give a clear definition: Information system is defined technically as a set of organized components which collect, store distribute†¦show more content†¦MIS generate information to support day-to-day decision making that is needed to managers and business professionals. The role of the managers of management information system (MIS) is to concentrate to the organizatio ns information and technology systems. The MIS manage investigates business problems then designs and maintains computer applications to have solutions to the organizations problems. A management information system sometimes is called a management reporting system (MRS). MIS generates four basic types of reports that help managers: 1- Periodic scheduled reports 2- Exception reports 3- Demand reports and responses 4- Push reporting Example1: Example2: 3. A Decision support systems. Decision support systems (DSS) refer to an interactive computer-based systems that are collected and presented data from the range of sources, generally for business matters. (DSSs) are information systems designed to help and promote users reach a decision when a decision-making situation arises. Features: Decision Support Systems use data from internal or external sources. Internal sources of data comprise sales, manufacturing, inventory, or financial data from a companies’ database. Data from external sources might include trends of population, interest rates, and costs of new housing construction or price of new materials. Users of a DSS, often managers, can control data used in the DSS to help with decisions. Some decisionShow MoreRelatedDiscuss How Management Theory and Practice Has Changed over Since the Early 1900’s1408 Words   |  6 PagesThe evolution of management has been changed a lot since the early 1900’s. Many different management theories have been developed, the external factor also changing at the same time, such as the technology and the nature of career. Those changing influence the trend of management method. There are four major approaches in the past, classical approaches, behavioral approaches, quantitative approaches and modern approache s. 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The Federal And Texas Constitution - 1143 Words

The Federal and Texas Constitution, despite both being created to outline governmental power, differ in the enforcement of the order created by focusing on entirety of the country and the individual people respectively. This is shown through the extent of control on legislative power, the issues presented in each Bill of Rights, and the overall fluidity of the document while in effect. The Constitution of the United States, signed September 17, 1787, is the basis of all government in the United States. It provides the general setup of the government through a system of checks and balances, the powers of each individual branch, and the standards to which the government should adhere. The US Constitution creates a blanket under which states†¦show more content†¦The Texas Constitution clearly states that investment in a water storage project is necessary â€Å"to encourage the optimum regional development of systems built for the filtration, treatment, and transmission of wate r and wastewater†. This statement gives justification for spending tax revenue on this project, as water is a basic human necessity. In addition, the Texas Constitution provides grounds for reasonable expenditure on the needy or disabled in Article 3, Section 51. These provisions directly impact citizen’s daily lives and leave little room for interpretation. Considering the difference in detail between the US and Texas Constitutions, one can deduce the purpose of writing each Constitution. The United States Constitution needs to find balance between protection for the people and infringement of unalienable rights. 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The Heart Of Darkness Small Roles, Big Impact - 998 Words

Women in Heart of Darkness: Small Roles, Big Impact In Joseph Conrad’s Heart of Darkness, women characters hold minor, but significant roles. Female appearances, although few, are powerful and impressionable. Their roles, although conflicting and serving different purposes, influence Marlow’s journey significantly. The few female characters that are mentioned in this novella are depicted as voiceless and insignificant. Their presence is held as insignificant, so much that women were never named and only referenced to by a title, thus not given an identity. Although voiceless and nameless, the portrayal of their actions makes a huge impact on the story. One of these characters is Marlow’s aunt. She plays a pivotal role as her recommendations are the ones that enable Marlow to acquire the job he himself is unable to attain. Marlow himself tells how his aunt’s efforts land him his job, â€Å"†¦it became quite plain to me I had been represented to the wife of the high dignitary, and goodness knows to how many more people besides, as an exceptional and gifted creature—a piece of good fortune for the Company—a man you don t get hold of every day† (pt. 1). It is by her social influences and power connections that he is able to journey through the Congo. With out the initial help of his aunt, Marlow s journey to Congo and the life lessons acquired throughout that journey would never have happened. The women knitting black wool that Marlow encounters in the offices of the CompanyShow MoreRelatedTheme Of Fear In Lord Of The Flies1038 Words   |  5 PagesRalphs beliefs and perspectives that has made an impact within the group. With the conflict of the two, Jack and Ralph fear the authority of one another as dominance plays as a source of power and order which could possibly change the dynamic aspect of the group. 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Australian Trawler Co Ltd or ASIC

Question: Discuss about the Australian Trawler Co Ltd or ASIC. Answer: Introduction: The management of any company depends on the manner in which directors of the company perform their duties. Company is distinct from its directors and members, but it operates through its directors. Therefore, it is necessary that directors perform their task and fulfill their obligations with honesty. Corporation Act 2001 imposed number of duties on directors of the company, and it also stated that directors have fiduciary relationship with the company and shareholders (William Roberts, n.d.). Some general laws which define the duties of directors are stated below: Apart from the statutory duties of directors of the company which are stated in the Corporation Act 2001 under common law, there are some general duties also which attract civil penalty in case of failure such as it is the duty of director to exercise their power and fulfill their obligations with due care and diligence, directors must not have any personal interest in the matter of the decision which is taken on companys behalf, it is the duty of the director to make decision in the best interest of the company, and director must act in good faith. Corporation Act 2001 also imposes many duties on directors of the company and these duties are specified in Section 180-184 of the Act (Brooke, 2013). Section 180 of Corporation Act 2001- this provision is the most important provision under Corporation Act because it defined the duties of directors and officers of the company. This section states: A director or officer of the company must exercise their power and discharge their duties with due care and diligence that any reasonable person would exercise if they were director or officer of the company or had the same responsibilities as the director or officer. A director or officer must take the decision on behalf of the company in good faith, do not have any personal interest in the matter of the decision, and believes that decision he take is in the best interest of the company (Corporation Act 2001, n.d.). Section 181 of the Corporation Act- this section states that it is duty of the director to act in good faith while he is acting in the official capacity of the company as director or officer. This legislation performs both the task such as defense as well as provision which impose stringent liability on the directors of the company (Corporation Act 2001, n.d.). Section 182 of the Corporation Act 2001- this section states that it is the duty of the director not to make improper use of position to make personal benefits for himself or for some other person at the cost of the interest of the company. Contravention of this section attracts civil liability (Corporation Act 2001, n.d.). Section 183 of the Corporation Act 2001- A person who receives any information because they are or have been the director or officer of the company, then it is the duty of director and officer that they do not use such information for their own personal advantage or for someone else advantage. It is also their duty that they do not use such information to cause harm to the company. Contravention of this section attracts civil penalty (Corporation Act 2001, n.d.). Section 184 of the Corporation Act 2001- this section provides series of offences which are criminal in nature, and it may arise when directors fail to meet the acceptable standards because of dishonesty. A director or officer of the company commits a criminal offence if they are reckless or intentionally dishonest, and they are failed to exercise their power and discharge their duties for proper purpose, good faith, and in the best interest of the company. A director or officer of the company commits a criminal offence if they use their position for gaining any personal advantage for themselves or for some other person, and cause harm to the company. Director or officer of the company commits a criminal offence if they recklessly use their position for gaining any personal advantage either directly or indirectly for themselves or for some other person and cause harm to the company. A person who receives any information because they are or have been the director or officer of the company commits criminal offence if they use that information dishonestly for gaining any personal advantage either directly or indirectly for themselves or for some other person and cause harm to the company. Director or officer of the company commits a criminal offence if they recklessly use information they received as director or officer for gaining any personal advantage either directly or indirectly for themselves or for some other person and cause harm to the company (Corporation Act 2001, n.d.). Penalties imposed on director for breach their duties under section 184 of the Corporation Act 2001: ASIC can initiate proceedings against the directors of the company for misconduct and breach of duties under Corporation Act 2001, and these penalties are depend on the seriousness of breach. Following are the penalties imposed on director and remedies available to the company: Company has right to banned the director from managing the company. Director is personally liable to compensate the company for any loss or damage they suffered. Financial penalty is imposed on director that is up to 2000 units or imprisonment up to 5 years, or both (Bartholomeusz, 2014). The best example for breach of duty under section 183 of Corporation Act 2001 is ASIC v Vizard [2005] FCA 1037; (2005) 145 FCR 57. In this case, Stephen Vizard was a non-executive director of Telstra, and he received information because of his position as a director of Telstra that Telstra expressed its interest in buying shares in three IT companies, and by using this information he buy shares in that companies. Later, Vizard admitted that he breach his duties, and Court held that Vizard contravenes the section 183 of Corporation Act 2001 and ordered him to pay penalty of $ 3 90000 and also disqualified him for 10 years from being the director of any company (Bartholomeusz, 2014). Application: South Australian Trawler Co Ltd engage in the business of building small and medium sized vessels, and they also owns a shipyard in Adelaide. Mr. Horatio Nelson is the director of the company and also appointed as chief designer of the company. Company received order for manufacturing 12 boats from a local fishing company, and at the time of commencing the project the hull on the first vessel was cracked at the time of first test. Company discovered that Nelson does not conduct the steel test in rough seas. This act of Nelson result in delay of production by 3 months and company suffered loss of $ 1 million. Company also discovered that at the time of attending the Australasian Shipbuilders Conference in Cairns, Nelson received order from the company that runs tours in Victoria for the construction of five luxury houseboats, and also receive information from Clive Hander that there are gold deposits in the outside area of Adelaide. After receiving this information Nelson incorporates two companies that is Victorian Pleasure Craft Ltd and South Australian Gold Mining Ltd. Victorian Pleasure Craft Ltd constructs the house boats and Nelson earned profit of $ 2 million from this company. Other company was South Australian Gold Mining Ltd, which exploits the mining opportunity, and Nelson earned profit of $ 3 million from this company. It is clear from the above facts that Nelson breaches his duties as director which are imposed by both general law and common law in Australia. Nelson breach the duties of directors specified under section 180-184 of Corporation Act 2001. Nelson breaches his duties under section 180 of the Act because he does not discharge his duties with due care and diligence by not conducting the proper test of steel in rough seas. Nelson also breach his duties under section 183 and 184 of the Act by using the information he received as director of the company that is order for construction of house boats and gold deposits in Adelaide. Nelson uses this information for his personal advantage and earned profit of $ 2 million from the construction of house boats and $ 3 million from mining of gold. As stated in case ASIC V Vizard if any director received any information as the director of the company and use that information for his personal benefit then it will be considered as contravention of section 183 and 184 of Corporation Act 2001. Nelson contravenes section 183 and 184, and contraventions of these sections are considered as civil and criminal offence respectively. ASIC can commence proceedings against nelson for contravene of section 184 and impose criminal penalties on Nelson, and Company can remove him from the position of director for breach of duties. Nelson is also personally liable towards the company for the loss suffered by the company that is $6 million. Conclusion: In this case, Nelson is held liable for the breach of directors duties under section 180- 184 of Corporation Act 2001. ASIC and Company both has right to commence proceedings against the Nelson, and he is also personally liable towards the company for the loss suffered by the company. References: ASIC v Vizard [2005] FCA 1037; (2005) 145 FCR 57. Bartholomeusz, S. (2014). Criminalisation Of Directors Duties. Retrieved on 7th December 2016 from: https://youlegal.com.au/criminalisation-directors-duties/. Bartholomeusz, S. (2014). Directors duties in focus duty not to make improper use of information. Retrieved on 7th December 2016 from: https://youlegal.com.au/directors-duties-focus-improper-use-information/. Brookes, M. (2013). Directors and Officers Liability Its a Jungle Out There. Retrieved on 7th December 2016 from: https://www.carternewell.com/icms_docs/183636_Directors_and_Officers_Liability_-_It_s_a_Jungle_Out_There.pdf. Corporation Act 2001- Section 180. Corporation Act 2001- Section 181. Corporation Act 2001- Section 182. Corporation Act 2001- Section 183. Corporation Act 2001- Section 184. William Roberts. Directors' Duties. Retrieved on 7th December 2016 from: https://www.williamroberts.com.au/News-and-Resources/News/Articles/Directors--Duties.

Courts Obsession with Precedent Blinds

Question: Discuss, To what extent does courts obsession with precedent blinds them to achive justice? Answer: It is very normal for the judges in the legal system across the globe to come to conclusions with regards the cases basis the decisions and pronouncements made in the earlier court cases. This is how are legal system across the globe has been built. The said system has become an indispensible part of the legal system and there are times judges tend to follow the same blindfolded. This may lead to defeating of the very purpose of providing justice to the innocent. Although the precedent cases may help to provide the judge with the decisions that can be pronounced but if the circumstance is not same in all forms then the same should be reviewed and individual judgmental factors should form a part of the judgement. But even though he has to use his own judiciary knowledge while taking a decision, the same should be in line with the previous pronouncements. However some deviations are attached to the said concept of following the precedence[1]. Every case has something different; hence the judge should make decisions only after understanding the details of the case. He can take an independent decision and make new judgements but within the boundaries of the common law that is spelt out by the judiciary. In such cases the earlier judgements may act as a guide which would help them to take decisions. Thus it does not blind the courts and the judges to take decisions basis the precedence for the achievement of justice in totality[2]. There is application of the other laws applicable and the precedent cases act as a guidance to take proper decisions. It even helps to defend if the decisions taken by the judges of the lower courts are further challenged by the sufferer in the higher benches of the judicial structure. In that scenario the basis of decisions pronounced are elaborated which helps to solve the issue smoothly. If someone is convicted of committing a crime then the approach is somewhat similar. The Criminal Code has defined what the maximum and the minimum penalty can be and basis this they pronounce decisions depending upon the veracity of the crime committed. The judge should not make a decision basis the previous decisions simply by reviewing the case blindly. He should understand the seriousness of the crime, the people who are affected because of the same, the background of the offender and if there seems to be an option for rehabilitation[3]. They refer previous judgements just to ensure that there are no unfair decisions taken. Thus even in the criminal offence the same acts as a guide[4]. Therefore it is understood that the courts take decisions basis the previous judgements but are not dependent fully for the same. They do use their own judgemental attributes as well. Thus blind dependence is not there, in fact judges use the decisions taken by the eminent judges for similar situations help them to act is a more wiser manner and prevent them to take any wrong decision[5]. Thus they are not compulsorily binding except in certain circumstances. The stance where the previous legal proceedings decisions are binding on the judges is known as stare decisis. The said phrase means that we should follows what the decisions have already been made and not make efforts to disturb the undisturbed. The said principle has two parts, firstly where any decisions has been manifested by the supreme court of a country, the same becomes binding over the other lower courts. The second principle states that any decision given by the courts lower than the Supreme Court can be used as guidan ce but it is not obligatory for the judges to follow the precedence blindly[6]. There have been instances where the lower courts have made pronouncements which are not totally in line with the previous judgements made in the higher courts. In such a scenario they are to defend and explain as to why the same is different from the binding precedence. Basis an appeal made by the deciding court, decision can be taken in contrast to the defined precedent of the case. Further if there is no appeal made by the party who loses the case, then the decision made by the appellate court is considered to be final and binding as well[7]. This Common Law system is basically found in England and United States of America. Many theorists and eminent scholars have argued that there may be instances when reasoning basis a precedent may not be similar to what one would have decided if the judicial rules were applied. Even though the case backgrounds are similar to the previous already pronounced case, yet the same may not be rational. Cases which are same and similar should not be treated at the same level. It is very important to understand that the previous decisions are not bound to constitute laws. These decisions have come to picture due to the applicability of the constituted laws by the judicial authority. However this fact cannot be denied that these precedents have acted as an auxiliary part in settling down of issues[8]. The courts obsession to follow the precedents blindly acts as a hindrance to the achievement of justice as there are two main issues firstly the constitution of law has lead to emergence of the precedents, then how can the same be treated as a part of the law. Secondly there may be instances when the previous decisions may be erroneous, then why make it part of the constitute. The independence of the judges is also hampered. They may be taking a correct decision but on getting bounded by the earlier decisions may end up taking incorrect decisions thus can also lead to punishing the innocent and rewarding the guilty[9]. The blind following of precedence does affect the achievement of justice due to the rigidity of following what is pronounced. It makes the system inflexible and the judges lack application of their own wit. Judges should understand that the doctrine of stare decisis is not compulsorily to be followed. It is to be followed as a guide. It is also to be understood that reliance on the constitution is better than relying upon the unconstituted decisions which may be even erroneous in some circumstances[10]. Thus the same can be summarized by stating that precedents help the judges to take sound decisions but total dependency on the same affects the very law of providing justice. Some precedents are bounded and there is no escape from the same. However judges may try to defend the case not basis the binding precedent but the same is a difficult stance. Some precedence are persuasive in nature whereby the earlier pronouncement can be used as a guide and does not necessitates to act in accordance to the precedent spelt out. Thus total dependence upon the precedence rule may end up leading to take hasty decisions at times also. Thus a judge should also use his own knowledge base and analyze all the aspects of a case, pay heed to the smallest of evidences and apply rationality while arriving at a cases judgment. Bibliography Niblett A, Do Judges Cherry Pick Precedents to Justify Extra Legal Decisions? : A Statistical Examination, University of Chicago law School, (2010) https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=11502context=journal_articles Accessed 22 August 2016 Cscja-acjcs.ca, How Judges Make Decisions (2006) https://www.cscja-acjcs.ca/judges_decisions-en.asp?l=5 accessed 22 August 2016 Sherwin E, A Defence of analogical Reasoning in Law University of Chicago Law Review(1991) page 1179-1197 Lamond G, Do Precedents Create Rules? Legal Theory, (volume 15, 2005) Perell P M, Stare decisis and techniques of legal reasoning and legal argument The Canadian legal Research and Writing Guide (1987) https://legalresearch.org/writing-analysis/stare-decisis-techniques/ Accessed 22 August 2016 Brian P, Do Judges Really Have To Follow Precedent ? https://www.slate.com/articles/news_and_politics/explainer/2009/07/do_judges_really_have_to_follow_precedent.html Accessed 22 August 2016 Cross R and Harris J W, Precedent In English law (4th ed Clarendon Press 1991) Brewer S, Exemplary reasoning Semantics , Pragmatics and the rational Force of Legal Arguments by Analogy Harvard Law Review (March 1996) https://www.jstor.org/stable/1342258 accessed 22 August 2016 Stanford Encyclopaedia of Philosophy, Precedent and Analogy in Legal Reasoning (First published on June 20th 2006) https://plato.stanford.edu/entries/legal-reas-prec/ accessed 22 August 2016 Burton S J, Law and Legal Reasoning (2nd Edn, Little Brown 1995)