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Karten in diesem Stapel (69)
- 1"Experience, though noon auctoritee Were in this world, is right y-nough for me, To speke of wo that is in mariage"There was a large branch of scholarly tradition dedicated to talking about the "wo that is in mariage" from which we later hear jankyn read. These stories and proverbs were all written from men's perspectives. By propering to speak about it from her perspective, the Wife turns this tradition on its head.
- 2"But wel, I woot expres, withoute lye, God bad for us to wexe and multiplye: That gentil text can i wel understonde" Lines 27-29One of the Wife's strongest supports in favour of a life filled with sex is Genesis 1:29 where God tells Adam and Eve "be fruitful and multiply, and fill the earth"
- 3"That by the same ensample taughte he me That i ne sholde wedded be but onis" lines 11-13The wife is describing the notion that a widowed woman ought not to marry again - a common place during this time period.
- 4"A wys womman wol bisye hire evere in oon To gete hire love, ye, ther as she hath noon" 215- 216Concerned with teaching women how to place themselves in a position of greater power in a relationship. The wife is advising that its always better to make a man fall in love with you so that you can use his love to gain power over him
- 5"For half so boldely can ther no man Swere and lyen as a womman can" 233-234The wife is referring to the antifemenist stereotype of women as expert liars.
- 6"And have his tribulacioun withal Upon his flesh, wyl that I am his wif" 160-163The wife creatively interpreting the idea of a marriage debt, where a husband and wife owe one another sex. Suggests that as a debtor her husband is also her slave - giving her mastery.
- 7"Yblessed be God, that I have wedded fyve; (Of whiche I have phyked out the bestem Bothe of here nether purs and of here cheste) 44-46Wife admits to marrying for money but also implies that a good penis is money in ones pocket. Mans genitals a "nether purs"
- 8"Myn housbond shal it have bothe eve and morwe, Whan that hym list come forth and paye his dette" 158-159The wife is referring to the fact that her husband can be his debt by having sex with her.
- 9"I wol bistow the flour of al myn age In the actes and in fruit of marriage" 119-120The Wife's intention to live a lusty old age does not fit with the medieval conception of old age, which held that at this point in ones life, the time (and need) for sex had ended, at least for women.
- 10"... To wynne hir love, or doon hem reverence" 210-212Saying that she has no need to please her husband because hes already yielded his property to her.
- 11"Other authors see in the Wife a personification of Rhetoric, the art of persuasion through an argument"Alford
- 12"And with his fest he smoot me on the heed That in the floor I lay, as I were deed." 800-801The Wife had torn three pages out of Jankyns book "the book of wicked wives" and so he had reacted violently. She pretends to be dead in order to gain domination over him.
- 13'Deere suster Alisoun, As help me God, I shal thee nevere smyte. That I have doon, it is thyself to wyte, Foryeve it me, and that I thee biseke." 810-813It is evident from Jankyns use of exclamation marks and reference to God that he is exremely remoreseful for the physical and emotional pain he has conflicted - the reaction the Wife wanted to see.
- 14"The Wife's clever use of power means that she is able to escape male domination"Knight - Marxist Critic
- 15"The Wife of Bath offers readers a complex portrait of a medieval woman."Unknown Critic
- 16"Her botched misinterpretations of the bible make her appear foolish rather than educated"Unknown Critic
- 17"The Wife has been viewed as, among other things, a monster, a psychotic murderer, an elaborate joke, a sympathetic woman, a champion of women, an enemy of women and not a woman at all."General criticism
- 18"Given her uninhibited shamelessness, the wife reveals much more than she consciously intends"Critic
- 19Stone V DobinsonActus Reus of Murder- killing can be an act or an omission.
- 20Cunningham And VickersMens Rea of manslaughter. Cunningham and Vickers defined it as "malice aforethought"
- 21WoolinMens Rea of murder. Defendant shook his baby causing its death. Death was held to be a virtually certain consequence of his actions.
- 22R V PagettFactual Causation - but for test.
Defendant used his girlfriend as a human shield. - 23R V WhiteFactual Causation. Defendant put cyanide in his mothers drink, she died of a heart attack before she drank the tea so but for test did not apply.
- 24SmithLawful Causation
Stab wound was operating and substantial cause of death - 25ChesireLawful Causation
Wounds were significant contribution to death so defendant was still liable - 26MalcherekLawful Causation
Switching off life support does not break chain - 27JordanLawful Causation
Doctor's misconduct in giving the patient an overdose broke the chain. - 28BlauThin skull rule. Jenovah's witness refused blood transfusion
- 29LambConstructive act manslaughter
Illustrates no criminal offence wherefore there was no unlawful act - 30ChurchConstructive Act Manslaughter
Laid down an objective test for dangerousness. - 31NedrickMens Rea for Constructive act manslaughter
Unlawful act was arson. Need only be the mens rea for unlawful act. Mens rea for criminal damage is intention or recklessness. - 32AdomakoGross Negligence Manslaughter
D failed to act to save patients life. Victim died six months later and D was charged with manslaughter. Adomako lays down the grounds for gross neligence manslaughter. - 33Stone V DobinsonDemonstrates the existence of a duty of care
- 34BatemanGross Negligence manslaughter
Established that the resulting harm must be considered to be 'grossly negligent' by the jury. - 35SutcliffeDiminished Responsibility - abnormality of mind caused by a recognized medical condition.
Defendant was a paranoid schizophrenic yet defence was not allowed. - 36ByrneDiminished responsibility - defines abnormality of mind.
Strangled a woman in a youth hostel saying he had sexual desires that were 'voluntary urges'. - 37R V TandyDiminished responsibility - abnormality of mind must provide explanation for D's actions.
Defendant strangled her 11 year old daughter after drinking a whole bottle of vodka. Could not use defense unless evidence showed that abnormality of mind was due to alcoholism. - 38GittinsDiminished Responsibility: Abnormality must impair mental ability.
Defendant killed wife and daughter, suffered from depression and had consumed pills. Pleaded he was suffering abnormality of mind. - 39R V ClintonLoss of Control:
Loss of control was not available to the defendant because words relating to infidelity should be disregarded as a qualifying trigger. - 40BaileyInvoluntary Intoxication
Drugs taken under medical prescription. - 41HardieInvoluntary Intoxication: Sedative drugs
If jury comes to the conclusion that as a result of drug the defendant was unable to appreciate the risks from his actions then defence could be used. - 42KingstonInvoluntary Intoxication - taken without defendants knowledge.
Involuntary intoxication was not a defence to a charge if it was proved that defendant had the necessary intention when the offence was committed even if he was not to blame for intention. - 43MajewskiVoluntary Intoxication
Illustrates that if offence charged is of basic intent, intoxication is never a defence. - 44DPP V BeardVoluntary Intoxication
Had no mens rea for murder so defence was successful. - 45R V LipmanVoluntary Intoxication
D acquitted of murder because intoxication defence was successful because murder is a specific intent crime. - 46DavisIntoxication and Insanity
Where alcohol produces insanity, apply to McNaughton rules. - 47AG For NI V GallagherDutch Courage Rule for intoxication
- 48MillerABH
"Any hurt or injury calculated to interfere with the health and comfort of the victim" - 49Chan FookABH
Psychiatric as well as physical harm can amount to ABH. - 50Savage and ParmeterABH s47
Confirmed that mens rea for common assault is enough to establish Mens Rea for s47. - 51JCC V EisenhowerGBH or wounding
Defines wounding. Defendant not wounded as no break in skin - 52DPP V SmithGBH
Defined GBH as 'really serious' harm - 53R V DicaGBH
Demonstrates biological ABH. Defendant passed HIV to two women. - 54R V MowattS20 Mens Rea
Defendant must intend to wound or cause GBH. - 55WoolinGBH or Wounding (S18)
Demonstrates how oblique intention applies to S18 offences. - 56LambAssault
Demonstrates that there is no offence if the victim doesn't apprehend immediate unlawful force - 57Smith V Chief Constable of Woking PoliceAssault
Defendant peered in window of old woman. Victim believed she was about to be assaulted so presence was enough to amount to an assault. - 58IrelandAssault
Silent phonecalls to victim amounted to assault - 59SavageMens Rea Of Assault
Demonstrates recklessness can suffice for assault - 60DPP V KBattery
Indirect- put sulfuric acid in hand drier so next person to use it was injured. Still guilty of battery - 61VennaDemonstrates Mens Rea for battery (intention or recklessness)
- 62McNaughtonCase that demonstrates rules required for the defence of insanity
- 63BrattyInsanity
Defendant condition prevented him from knowing the nature and quality of the act - 64WindleInsanity
D did not know that the act was wrong - 65Bratty V AG for NIDefined automatism
- 66Hill V BaxterAutomatism
involuntary act: Illustrates hypothetical case of bees flying in through drivers car window whilst driving, reflex action is evidence of involuntary act. - 67Attorney General's referenceDefendant could not use automatism as his lack of awareness was not total
- 68R V PalmerDefines self defence in common law
- 69R V MartinSelf Defence - Reasonableness of force
Farmer shot at teenage burglars. Was ruled that jury were entitled to reject his defence if they thought he had used an unreasonable amount of force.
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- Karteikarten am Ohne Titel, erstellt von Jess Morcom am 05/06/2014.
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- Jess Morcom
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