Marxist Theory And Psychoanalytic Theories - 1992 Words

Marxist and Psychoanalytic Literary Theories in Action Marxist/Materialist Theory and Psychoanalytic Theory are important theories in understanding individuals and societies. They allow readers to understand how societies and individuals function and their motives. Marxist/Materialist Theory mostly focuses on societies and different classes and the relationships between the two. Psychoanalytic Theory focuses on the characters wants, needs, actions, and process of thought that sometimes correlate with the author. While both have their flaws, they allow readers to explore the deeper meanings in a text as well as connect the readers to their personal lives and societies and fully gain greater understanding and knowledge. Marxist theory†¦show more content†¦Lastly, Marxist theory would be beneficial to western/ historical novels that show the disputes between people who are different socially which is what Marxist theory is meant to discover. Psychoanalytic theory would be help ful in explicating melodramas such as Dracula because they explore the emotions. Freud would also agree that Psychoanalytic theory is helpful in explicating romance novels because Freud main foundation for Psychoanalytic theory is on sex. Psychoanalytic theory is useful in dystopian novels as well and almost any genre when a reader or theorist uses it to understand the characters’ minds and motives when they, â€Å"[apply] psychoanalytic techniques to texts to uncover the author’s hidden motivations repressed desires, and wishes† (Bressler 130). Beyond Marxist elements in Anthem, Anthem also demonstrates Psychoanalysis and much of Sigmund Freud beliefs and Psychoanalysis as a whole. Anthem is written in first person but the character Equality 7-2521 uses â€Å"we† instead of â€Å"I†. The reader later learns that he never uses I because it was a â€Å"forbidden† word in the society and he didn’t even know what it meant until he eventu ally leaves the society at the end of the novel. Equality 7-2521 and the other characters existed under the super ego. Besides Equality â€Å"rebelling† and finding himself at the end, all of the other charactersShow MoreRelatedHeart of Darkness Themes Essay1654 Words   |  7 Pagesthematic aspects of the novel by studying the literary criticism theories of historicism, psycho-analytic and Marxist. Historicism is portrayed in the novel through the conquering of the Congo, the racism of the whites and natives and the grove of death. Psychoanalytic theory is present when the doctor meets with Marlow, as Marlow lies throughout the novel and the worries Marlow experiences while searching for Kurtz. Marxist theory is portrayed through the accountant in white’s arrogance, the conditionRead MoreFight Club By Chuck Palahniuk1442 Words   |  6 Pagesmore than that. Fight Club is actually a cleverly written novel that contains many elements of Marxist and psychoanalytic theo ries throughout the storyline. Marxism is based on the concepts of Karl Marx’s theories that focuses on class relations and social conflict. On the other hand, psychoanalytic criticism stems from Sigmund Freud’s theories of psychology. The novel is best interpreted from a Marxist point of view because Palahniuk uses Fight Club as a means of expressing his opinion regardingRead MoreThe Drawbacks of Entitlement in What is Poverty? by Theodore Dalrymple839 Words   |  3 PagesThe universal truth that feelings of entitlement restrict enlightenment is evident in the essay â€Å"What is Poverty?† by Theodore Dalrymple through effective presentation of the Marxist Theory and Psychoanalytical Theory. 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Leadership Practices in The Post-Bureaucratic Era

In this essay,I’m going to argue that leadership practices bring impacts on sustainable development in the post-bureaucratic era. World Commission on Economic Development(WCED) defines sustainable development as development that satisfies the needs in the present as well as in the future (Bansal 2005). Business is considered as an aspect of the society as a whole (Evans 1992) and it can be seen that the society is more concerned about ethics,law and regulations,thus a more sustainable management style is widely applied in the post-bureaucratic era. In the first section,I draw upon Cameron and Caza (2004),Mackey (2011),Bansal(2005) and Driscoll and Starik (2004) to present ideas on the contribution of different types of organizational†¦show more content†¦Another vastly used concept in management theory and practice i.e. the positive psychology pursues organisational virtues and social responsibility. Positive psychology is applied in contemporary management to facilit ate social relation between a leader and his subordinates to develop a sense of security and create positive emotional states of the individuals. With smaller sized team and more freedom in work,Google Inc. keeps the employees working towards a set purpose besides instilling high levels of self- motivation and work empowerment within them. 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Proving Declaration of Trust and Effecting Disposition of Beneficiary’s Interest free essay sample

Proving declaration of trust and effecting disposition of beneficiary’s interest Proving declaration of trust: In order to prove declaration of trust all types of evidence are admissible. Exceptions: a) Trust of land where the declaration has to be manifested and proved by some writing (Section 7 of Statute of Fraud Act 1677; Section 53(1)(b) of Law of Property Act 1925). The reason for this rule is to prevent fraud (Youdan). The written evidence can antedates or postdate the declaration of trust. ) Testamentary trust/trust executed after death by will (will be discussed in the chapter of secret trust). Consequence of oral declaration in case of trust of land: a) An oral declaration is perfectly valid because the section 53(1)(b) is an evidential section. b) But problem arises during litigation when the declaration is challenged. c) It is often said that, though mistakenly, without written evidence a declaration of trust is valid but unenforceable. d) This is based on an analogy with the section 40(1) of LPA 1925 but this section was repealed in 1989. ) There are two reasons for this analogy to be false: i) Section 53(1)(b) is concerned about proof and section 40(1) was concerned about enforceability as apparent from the wordings of the sections. ii) Section 40(1) had been overruled back in 1989. f) Subject guide is of the view that if a declaration of trust cannot be proved by evidence then there is no trust at all, not a valid but unenforceable one. Exceptions to section 53(1)(b): a) Common Law exception: Oral evidence can be admissible in order to prevent a fraud. For example, a trustee himself would commit a fraud if he were allowed to shelter behind the statutory provision and deny the declaration of trust (Rochefoucauld). b) This exception is only applicable in case of express trust. c) Statutory exception: The section 53(1)(b) is not applicable in case of resulting, implied or constructive trust (section 8 of Statute of Fraud Act; section 53(2) of LPA 1925). d) It is because, in case of constructive, resulting or implied trust no allegation is made as to the fact that a declaration of trust has been made and thus we need to prove it. So, when there is no declaration of trust, the need to prove it cannot exist. e) Matrimonial homes cases such as Pettitt, Gissing, Rossett, Stack are express trusts of land (Rochefoucauld) even though it is been mentioned in these cases that they are ‘Common Intention Constructive Trust’. This is a misnomer to say them CICT because a CT arises for any reason other than intention to create a trust so there cannot be ‘common intention constructive trust’. Effecting Disposition of Beneficiary’s Interest: ) Disposition of an equitable interest or trust subsisting at the time of disposition must be in writing signed by the person disposing the same or by his agent (Section 53(1)(c) LPA 1925). b) So there is no disposition until it is written and signed, the reason is section 53(1)(c) is a substantive section as apparent from the wording of the section. c) One can argue that as the wording of the predecessors of section 53(1)(b) and 53(1)(c) are similar (i. e. section 7 and 9 of Statute of Fraud Act), therefore, there should not be this difference between these two sections. ) However, the courts have taken this approach and we need to follow it. e) There is a question that whether section 53(1)(c) is only applicable in relation to trust of land. As per section 205(x) of LPA 1925 equitable interest means interest in or over land or in the proceeds of sale thereof. As such 53(1)(C) is only confined to trust of land. f) However, as significant cases like Grey, Oughtred and Vandervell were n ot cases of land but section 53(1)(c) was applied there, therefore, the best way to solve this dilemma is to say that those cases were decided per incuriam of section 205(x). What transactions are dispositions or assignments and caught by section 53(1)(c)? a) Disposition has wider meaning than assignment though disposition included assignment. b) The key to understand disposition is to understand that it only covers disposition of equitable interest. If somehow, there is no equitable interest to dispose of or if both the legal and equitable interests are disposed of then there cannot be a disposition under section 53(1)(c). ) A direction of a beneficiary to his trustee to hold the rights on trust for a third party is disposition can caught by section 53(1)(c) (Grey v IRC). d) A direction by the beneficiary to the trustee to transfer the right to a third party then there is no need to comply with section 53(1)(c) as the direction is to transfer both the legal and equitable interest rather than equitable interest only (Vandervell v IRC) e) A self declaration of trust by the beneficiary for the whole or part is disposition and caught by section 53(1)(c) (Gra inge v Wilberforce). ) A declaration of trust by the trustee for a third party with the consent of the existing beneficiary is a disposition and should be caught by section 53(1)(c) provided estoppel does not operate. If estoppel occurs as occurred in re Vandervell (No 2) and thus prevents the trustee to dispose of the equitable interest in favour of someone, then section 53(1)(c) cannot operate (re Vandervell (No 2). g) A contract by the beneficiary to assign their rights does not fall into section 53(1)(c) (Oughtred v IRC; Neville v Wilson). ) A surrender of a beneficial interest is caught by section 53(1)(c) (IRC v Buchanan). i) Disclaimer of beneficial interest is not covered by section 53(1)(c) (re Paradise Motor Ltd). The rationale of 53(1)(c): a) The purpose of this section is to prevent fraud by way of protecting the trustee from false allegation by someone to be an assignee of the beneficiary’s interest. If the trustee disposes the interest to that false assignee then he will be vulnerable to a claim of breach of trust. ) Therefore, in Vandervell v IRC, as the rights were no longer held in trust, therefore, there was no trustee to protect and as such the section had no work to do and inapplicable. c) Now, as in Grey, the trustee received the direction from the beneficiary himself and knew that it was genuine and no allegation by false assignee can deceive him, therefore, the section 53(1)(c) cannot apply there. It is because the trustee need not be protected against any false allegation here. In the light of this, Grey can be revisited.