Free Speech vs. Hate Speech Essay - 1362 Words

Throughout history, the United States Constitution has been put to the test over the issue of free speech. The First Amendment states, Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Even though free speech is one of the core American values proudly embedded in each citizen, some poopAmericans find themselves torn between whether or not to limit the freedom of speech on behalf of hate speech. Most law-abiding citizens disagree with hate speech, but must realize even speech that promotes hate, racism, and even crime†¦show more content†¦According to the University of Colorado, many political jurisdictions have enacted laws that forbid destructive speech. These laws give the police power to investigate persons suspect of committing hate speech. If found gu ilty, the persons are tried and punished according to the law. Although many insist that hate speech should be illegal, the First Amendment still stands; the right of free speech applies to every citizen of the United States and if restrictions are set, then that liberty is taken away. Even though hate speech can be damaging to the targeted victims, it still cannot be set to a standard or principle because it is hard to define what is and is not hate speech. Hate speech is so wide-ranging and vast, no limit can be set to regulate it. What some groups may consider to be hateful and demeaning, others groups deem to be their founding principles and beliefs. A study taken place at University of Colorado quotes, Often, when hate speech prohibitions are in place, people engaged in serious intergroup conflicts simply refuse to talk at all, preventing constructive problem solving and allowing tensions to build. American Civil Liberties Union suggests the best way to counterattack hate speech is to not censor it, but to respond with more moral speech. ACLU goes by the principles that the rights of free speech are indivisible: Restricting the speech of one group or individual jeopardizes everyones rights because the sameShow MoreRelatedFree Speech vs Hate Speech Essay1647 Words   |  7 PagesFree Speech vs. Harmful Hate Speech Freedom of speech is instilled at the beginning of the Bill of Rights and it allows citizens of the United States to express their opinions without being afraid of what might happen to them, much like in other countries. Many times people are directly or indirectly harmed by others’ actions that are considered a right under the freedom of speech clause. Though, some people worry that if we do not allow for complete freedom of speech, it is hard to figure outRead MoreFree Speech Vs Hate Speech Essay769 Words   |  4 PagesFree speech versus hate speech is a very widespread debate as there are convincing arguments on both sides that are very compelling. Although there are many points commonly used to back up the argument that are false and inaccurate. All Americans have a right to freedom of religion, speech, press, petition, and assembly as depicted in the first amendment, but the exceptions to freedom of speech have never directly been acknowledged by the U.S. Supreme Court . The common slippery-slope argument forRead MoreThe Freedom Of Hate Speech Is Not Freedom Speech1143 Words   |  5 PagesHate Speech is not Freedom Speech Between August 11th and August 12th of 2017, the world watched the disturbance news of what was going on in Charlottesville, Virginia. The horrific videos and images left the world in shock. Groups of white supremacy, nationalists, hitler youths marched in unison screaming, â€Å"White lives matter! Blood and Soils! You will not replace us! Jews will not replace us!† More groups enraged their voices across Virginia to scream hate speech to other races. They threatenedRead MoreHate Speech1536 Words   |  7 PagesHate Speech Essay In the first amendment of the United States constitution, American citizens are guaranteed the right to free speech. This is a fundamental right of American law, and one of the foundations of the U.S. Constitution. It is also the breeding ground for one of the most widely debated issues in America: What, if any, measures should be put into place to regulate hateful language? Most people will agree under one definition or another that hate speech is a socially deviant activityRead MorePaper on Freedom for the Thought That We Hate825 Words   |  4 PagesPaper on Freedom for the Thought that we Hate In the book Freedom for the Thought that we Hate, author Anthony Lewis takes a simply phrased law, the First Amendment and shows how complex freedom of speech really is once put into the real world of freedom, as we know it. He shows through his rejections of absolutism, strong support towards freedom restriction, and objective analysis of Chief Justice Oliver Wendell Holmes, that the United States press is unlike any other in the world. Lewis rejectsRead MoreSpeech On Freedom Of Speech1484 Words   |  6 Pagesof Speech Professor Hunt Culver Stockton College Freedom of Speech Americans have many freedoms that people in other countries can only wish they had. Just imagine a life where you could possibly be killed for speaking your mind and stating your opinion, other countries are living lives like that. According to Katy Davis, The United States ratified the first amendment on December 15th 1791 (Davis, n.d). We as a country don’t know where the government draws the line between hate speechRead MoreWe Must Stop Hate Speech1709 Words   |  7 Pages During the turbulent tides of the 2016 election, the question of whether or not hate speech is protected under the First Amendment has been brought up multiple times. Hate speech is defined by the American Bar Association as â€Å"speech that offends, threatens, or insults groups, based on race, color, religion, national origin, sexual orientation, disability, or other traits.† One side argues that hateful comments should not and are not protected due to the oppression they bring. After all, why wouldRead More The Controversy Over Internet Censorship Essay1152 Words   |  5 Pagescan be accessed at the touch of a button: anything from encyclopedias, to surveys and essays, to articles from magazines, and adult sites.   Anyone who pays for their Internet service is usually offered space for his or her own web page, and even many free services provide space for personal web pages.   All of this available space can be used for any number of reasons: posting newsletters for community groups, advertising for businesses, or just voicing one’s opinion.   For those of us who know how toRead More Censorship and the Internet Essay1213 Words   |  5 Pagesgreater space for free expression in countries where traditional broadcast and print media are restricted† (64). Free expression is a very guarded privilege to United States citizens. Private citizens and businesses can censor what is accessed on their computers to protect themselves, so why would it not be acce ptable for the government to censor what is accessed in order to protect the citizens of the United States of America. Some believe this is an infringement of free speech, while others findRead MoreFree Speech : The Importance Of The Freedom Of Speech1079 Words   |  5 PagesFree speech in my mind, should be universally protected, except when that speech turns into hate against any particular minority and incites violence that is not needed for the safety of the public at large. Freedom of speech serves to be a fundamental democratic right that affords every citizen to participate in the United States constitutional democracy. It is a vital tool because it can be used by every person, rich, poor, black or white, to voice their concerns and rejections of the federal or

Functionalism And Radcliffe Brown s Functionalism

Part A. In its infancy, the field of anthropology was dominated by only a few schools of thought. In its very earliest years, evolutionism and diffusionism were the foremost theories in anthropology. However, two other theories promptly took the place of evolutionism and diffusionism and ruled the landscape of anthropology for a large swath of the twentieth century. These two theories are known as functionalism, which was developed by Bronislaw Malinowski, and structural functionalism -- developed by A.R. Radcliffe-Brown. The two theories are similar, in that, both theories examine the function phenomena have in maintaining social cohesion. However, Malinowski’s functionalism and Radcliffe-Brown’s functionalism are vastly different and†¦show more content†¦Radcliffe-Brown says society is made up of countless structures, that is to say social relationships, that make up any given society. These structures, according to Radcliffe-Brown, have cultures that allow members t o participate in any given society. For example, Radcliffe-Brown would say that an individual’s relationship with a structure such as religion, allows that individual to participate in the society he or she is a member of. The gist of structural functionalism is structures produce culture which hold the society-at-large together. Malinowski and Radcliffe-Brown disagree in their theories about the role of the individual. Malinowski and functionalism focus on the role of the individual in a society. Functionalism is all about society and culture satisfying the biological needs of an individual. In other words, individuals can have their biological needs met by forming relationships with other people. Social systems are only created as a vehicle to advance oneself and fulfill one’s biological needs. Radcliffe-Brown’s structural functionalism sees the individual as fundamentally irrelevant. In fact, his view is almost the opposite of Malinowski’s view of the individual in society. Structural functionalism says that people form structures, not for the advancement of themselves, but for the advancement and cohesion of the greater society. Fundamentally, structural functionalism and Radcliffe-Brown say that individuals are replaceableShow MoreRelatedScience Which Deals With The Establishment And Development Of Human Societies Essay1589 Words   |  7 Pagestake care of it after addressing the functionalism and the structuralism. Talcon Parsons (1902-1979) was the theoretical more outstanding of the sociology American of the period of post-war. Author prolific, wrote about many areas of the sociology empirical and theoretical. He made contributions to the study of the family, the bureaucracy, professions and politics, among others. Was one of those authors that more contributed to the development of the functionalism, an approach theoretical of which hadRead MoreFunctionalism Of Sociology And Social Anthropology Essay3360 Words   |  14 PagesFUNCTIONALISM IN SOCIOLOGY In sociology and social anthropology the term functional analysis is used not only in the mathematical sense, where a function expresses a correspondence between two variables such that the second, or dependent, variable is said to be a function of the first, or the independent variable. Sociologists, of course, like all scientists, are interested in establishing such dependencies. The term functional analysis in their work also has a special connotation similar toRead MoreAn Introduction To Psychology . The American Psychological1758 Words   |  8 Pagesscience like biology and philosophy. The different schools of psychology was to represent the major theories within psychology. Wundt was able to form one of the many systems of psychology; structuralism. Along with existentialism, behaviorism and functionalism which are just a few of the traditional schools and systems of psychology. These schools of psychology have influence human knowledge and understanding of psychology. The Existentialism, influence and the application of treatment. One of the manyRead Moresociology4813 Words   |  20 PagesThe ancient Indian philosophy consists of six schools of thought, these are Yoga, Sankhya, Nyaya, Vaishesika, Vedanta, Mimamsa. These are valuable sources for social thought. Moreover, the Upanishads consist of philosophical enquiries into the man s inner life and final destiny. Indian society had the impact of Islamic tradition which gave rise to the Sufi cult and had influence on the life-style and value system. (b) Impact of British: The traditional handicraft of India was unable to match withRead MoreTracing Theoretical Approaches to Crime and Social Control: from Functionalism to Postmodernism16559 Words   |  67 Pages.............................................................................. 1-5 Introductory information CHAPTER 2 ....................................................................................................................... 6 FUNCTIONALISM, ANOMIE, AND STRAIN THEORY ........................................................ 6-25 Strain theory ............................................................................................................... 12 Merton‘s Anomie (strain)

Analysis of Innovation Patents

Question: Discuss about theAnalysis of Innovation Patents. Answer: Introduction Intellectual Property, or IP, refers to the intangible properties which are created by the use of creativity and intellect of a being. The owner of such property has the monopoly over the intellectual property. IPRs, or Intellectual Property Rights, are the protections which are granted to the owners/creators of the IP. These protections are provided in the form of copyrights, trademarks, patents, trade secrets, and industrial design rights. In the following parts, a discussion has been made on the rationale for providing the protection to the innovation patents in Australia. Further, an understanding has also been attained over the productivity commission recommendation, regarding the abolition of innovation patents. A patent in Australia provides a legal right, to prohibit or stop any third party from using, manufacturing or selling an invention in the country. Also, such patent can be provided as a license to someone else, to produce the invention on the predefined terms. The patents in Australia are administered by the Patent Office of IP Australia[1]. Two types of patents are granted in Australia, the standard patent and the innovation patent[2]. A standard patent provides the control and long-term protection over the invention. From the date of filing the application for a standard patent, it lasts for tenure of 20 years and in the case of pharmaceutical substances, this tenure is for 25 years[3]. To attain a standard patent, the invention has to be new, it must involve an inventive step, and lastly, it should have the ability to be used or made in an industry. An obvious thing, which can be done by anyone with experience or knowledge of the relevant field of invention, cannot be termed as an inventive step. The invention has to be dissimilar in some form, from the existing technology. And such dissimilarity has to be something other than a mere application of the available information. Before granting a standard patent, the application is thoroughly examined to ensure that the legislative requirements are met with. Such examination can take anywhere between six months to a number of years, depending upon the kind of protection and the relevant circumstances[4]. An invention, which requires protection, but has a shorter market life and which can be superseded by newer inventions, is granted the innovation patent. Such patents last for a period of 8 years[5] and are provided to such inventions, which do not meet the inventive threshold that are required for the standard patents. Innovative patents are comparatively inexpensive and a quicker medium to attain a protection for the new process, method, substance or device. Such patents require innovative steps instead of the inventive steps. Such an innovative step is taken, when the said invention is dissimilar from the previous known inventions, and this dissimilarity makes a considerable difference to the working of this invention. These innovation patents shield the incremental progression on the existing technology, instead of providing a revolutionary invention. Such patents are generally granted within the month of filing of the application. The reason behind the quickness is that these patents do not require an examination before being granted. Only after the examination and certification of innovative patents, on the basis of requirements stated in the Patents Act 1990, by the Patent Office of IP Australia[6], the patent is legally enforceable. Such examinations take place only when it is requested by a third party or the patentee or if the Commissioner of Patents decides to carry out the examination of the patent. Further, until a patentee is required to pay for the examination, he is not required to contribute in this matter[7]. A crucial advantage that the innovation patent has over the standard patent is that the former one is easier to defend, especially in such cases where the prospective innovation shows an obvious improvement over the existing technologies. An Australian Patent only provides protection to the patent in the country. To obtain protection in other countries, the innovator has to file a separate patent application for each of the countries where the protection is sought. Other than that an innovator can file a single application as per the Patent Cooperation Treaty (PCT), which is managed by the World Intellectual Property Organization (WIPO)[8]. By applying for a patent as per the PCT, an application is automatically made in 148 countries, which includes Australia and such PCT application than takes form of a standard patent. In each of the methods, a separate patent application is filed in the applied country(s). By using the PCT application, a convenience is gained by filing patents in numerous countries through a single application. Such application undergoes the examination process, as stated in the standards which are accepted by the 148 countries, and who are the signatories to the PCT. A priority document can be att ained for a PCT application through an Australian provisional application, if the PCT application is submitted within 12 months of the submission of such provisional application[9]. Patents are considered to be a very expensive mean to safeguard an invention but it is necessary nonetheless. Patents act as a significant asset for the companies and to safeguard this asset, in the growing competitive world, filing a patent is necessary. In 1997, IBM received 1800 (approx.) patents[10]. In 1998, this number increased to 2700[11]. This increase clearly establishes that IBM understood the importance of protecting the innovative ideas and the best method to do this, in a cost effective way, is a patent. To put it in other words, if a patent owner wants to reap benefits of the innovation, the owner would like to have exclusive rights over such innovation, so that others are unable to replicate it. Further, if a small inventor wants to sell the innovation to larger companies, the innovation has to be protected. Without a patent on such innovation, no company would buy the innovation from such an inventor. An innovation patent provides an exclusive right to the owner to use and exploit the innovation for a period of 8 years from the date of filing. By gaining the exclusive rights, the innovator is in a position to prevent others from using the innovation commercially, which helps in reducing the competition, as well as, in establishing himself in the market as an eminent player[12]. Further, these exclusive rights help in commercializing the innovation and earning high returns on the investments, which were made to develop the innovative product. The other option available with an investor is a license. By licensing or even selling the innovation, a source of income can be guaranteed. The innovation patents not only provide a cost-effective and faster way to protect the innovation but also help in reduction of the commercial and financial risks involved in the process of research and development of such innovation. Further, an innovation patent allows the innovator to protect each and every stage of the development of the said invention. Such patents have a broad coverage, as an innovation patent can be taken on any subject matter, as long as it does not involve animals and plants[13]. Innovative patents, even though are for a shorter duration and do not require an examination until necessary, do provide a powerful protection against any infringement, as are available for an infringement of standard patents, in the form of damages and injunctions. The innovative patent is granted[14] under the section 62 of the Patents Act, 1990 (Act). The exclusive rights[15] relating to the hire, sell, make or disposing off the product are given in the Section 13 of the Act. Section 122 of this Act provides the relief[16] in case of an infringement of a patent in form of accounts of profits, injunctions and damages. The requirements of innovation or novelty[17] are stated in the Sections 1A and 18(1) of this Act. Also, the requirement for an innovation patent is for an innovative step, instead of an inventive step[18]. Innovative patents are published within a matter of weeks[19]. Further, it is optional to get the examination done as per the Act and the right is actionable only after getting the patent certified, after due examination[20]. The Act allows only 5 claims in order to attain an innovative patent[21]. The key to obtaining an innovation patent is the standard of the innovative step or the inventiveness of the patent applied for. The first test for establishing the innovative step was given in the case of Griffins v Isaacs[22] where the judges held that an invention has to involve an innovative step and where the invention differs on a single act or reference, it would not make a considerable contribution to the working of the invention. And so, in this case, the patent was quashed for the lack of innovation, in spite of the differentiation from the earlier act, as the differentiation did not make a considerable contribution to the functioning of the object. The initial decision regarding what is to be considered as an innovative step was given in the case of Delnorth v Dura-post[23]. This case provided the steps to determine if an innovative step was involved in a case, or not. These included that a comparison should be drawn between each of the claim and the differences should be determined. These differences should than be seen through the eyes of a skilled person, who has the relevant knowledge of the field, in the light of general common knowledge, as was present in the country before the claim was made. Lastly, establish whether the invention that has been claimed differs from the previous art in a way which makes a considerable contribution to the functioning of the object, or not. The court relied on the provisions of the Patents Act, 1990, stated under the sub-sections 7(4) 7(5) to provide the stated steps in this case. The decision of this case, along with the ensuing decisions of cases like Mizzi Family Holdings v Morellini[24], Seafood Innovations v Richard Bass[25], SNF v Ciba[26] made the matter of challenging the validity of an innovation, a difficult subject, especially when the innovation can be established. In the case of Dynamite Games Pty Limited v Aruze Gaming Australia Pty Limited[27], all the claims (a total of 5 claims were made in this case) were invalidated for the lack of an innovative step. In 2001, the innovation patent system was formulated to encourage innovation amongst the small to medium business enterprises (SMEs) in Australia[28]. As stated above, such patents provide protection to the lower level inventions which do not fulfill the inventive criteria laid down for a standard patent and are also not covered by the design legislation. In February of 2011, the Advisory Council on Intellectual Property, or as known as the ACIP, was requested to examine the effectiveness of the innovation patent system in stimulation of the innovations to the SMEs in Australia. On this request, ACIP carried out thorough consultations from the public, including the release of an Options Paper as well as an Issues Paper which placed a variety of probable options available, in order to reform the Innovation Patent System. On June 16, 2014[29], the final report of the ACIP was released. Though, due to the lack of any empirical evidence during this examination, ACIP restrained itself fro m making any recommendations to support the abolition or retention of this system. Even though ACIP had issued a final report, in an expected development, in May 2015, the ACIP issued a statement based on the analysis of data provided by the Chief Economist of the IP Australias Office, stating that the innovation patent system was not accomplishing its purpose of inspiring innovation within the SMEs and hence, the government should move forward with the abolition of this system[30]. The Productivity Commission also conducted an inquiry relating to the intellectual property arrangements in Australia. As per the commission, the grant of protection to an invention, in a properly functioning patent system, should only be given if the inventions are socially valuable and are an addition to the inventions and not merely a change, as is done in the case of innovation patents. Further, the commission holds that the present patent system in Australia is not only poorly targeted, but is also failing publically, by allowing the patents to be granted to low-value patents. The Commission is of the view that such innovation patents inhibit the innovation, rather than assisting them for the SMEs. The Productivity Commission has also issued a draft report which contains certain recommendations to revolutionize the patent system, as well as, the copyrights, trademarks and other intellectual property rights in Australia[31]. These recommendations include the call for abolition of the second-tier innovation patent system in Australia, i.e., the innovation patents; the exclusion of business methods and the software from being the subject matter of a patent; raising the heights for inventiveness of a patent; change in the time regime of extension of a pharmaceutical patent; and an alteration in the structure of the patent fees. Further, the Commission considers that the whole system of innovation patents is flawed as it has been seen in some cases, that such patents have been used strategically, so as to increase the uncertainty regarding the scope of the rights of competitors, or to target the alleged infringers of the standard patents, without promoting any innovation in true sen se[32]. And this uncertainty is one of the reasons why the SMEs in Australia, find it difficult to innovate. As per the commission, the patents are granted very easily in Australia, and so a variety of low-quality patents being granted which negates the innovation. A major recommendation is to amend the section 7(2) as well as section 7(3) of the Act, so as to raise the inventive step threshold. There is also a recommendation to include an object clause in the Act. This object clause should, as per the recommendation, describe the purpose of this Act. And the purpose, as given in the draft, is to enhance the welfare of the Australians by providing protection to such patents which are socially valuable innovations, which would have not taken place otherwise, and also by the promotion of the distribution of technology. The view behind these recommendations is that, the patent system should enable a balance of interests between the applicant, the owners, the user of such technology as well as the fellow researchers and innovators, along with the Australian society, as a whole. The reason behind the commissions recommendation for abolition of the innovation patent system is that as per the commission, this system creates hardships over the SMEs regarding innovation and a simple reform of this system would prove insignificant. The Draft Recommendation 7.1 contained that the Government of Australian should abolish the innovation patent system[33]. This recommendation of the Commission was influenced by the final report of the review of the innovation patent system by the Advisory Council on Intellectual Property (ACIP) where a similar consideration was held. However, the recommendation regarding the abolition of the innovative patent system has not been accepted by everyone. The Australian Chamber of Commerce and Industry is one of such bodies, who have opposed this recommendation. In a draft report submitted in this regard, the Chamber has shown its concern over this recommendation. The Chamber noted through its initial submission that even though this system may not be working well for the SMEs in Australia, but it should still be retained till time an alternative mechanism can be identified, so as to allow the SMEs to access the patent system. The Chamber has welcomed such reforms which would be necessary to retain the innovative patents. The Chamber has also welcomed the reforms relating to the increase in the threshold limit, for meeting the requirements of innovative step, as well as, reducing the incentives, to make a strategic use of this system[34]. On the basis of above analysis, it can be concluded that the innovation patents are a crucial part of the patent world, in Australia. Even though they create difficulties for the SMEs to innovate, but they do provide a quicker and cost-effective way to safeguard an innovation. And hence, the recommendation of abolition of such patent by the Commission is not favorable. Bibliography Cases Dura-Post (Australia) Pty Ltd v Delnorth Pty Ltd [2009] FCAFC 81 (30 June 2009) Dynamite Games Pty Limited v Aruze Gaming Australia Pty Limited [2013] FCAFC 96 Griffin v Isaacs (1938) 1B IPR 6194 Mizzi Family Holdings v Morellini [2013] FCA 1435 Seafood Innovations v Richard Bass [2011] FCAFC 83 SNF v Ciba [2012] FCAFC 95 Legislation Patents Act, 1990 Other Australian Trade and Investment Commission, Australian Government, Australian Intellectual Property laws, 2016 https://www.austrade.gov.au/International/Invest/Guide-to-investing/Running-a-business/Understanding-Australian-business-regulation/Australian-Intellectual-Property-laws National Inventor Fraud Center, Patent Protection, 2016 https://www.inventorfraud.com/PatentProtection.aspx World Intellectual Property Organization, Reasons for Patenting Your Inventions, 2016 https://www.wipo.int/sme/en/ip_business/importance/reasons.htm IP Australia, Australian Government, Review of the Innovation Patent System, 21 April 2016 https://www.ipaustralia.gov.au/about-us/public-consultations/archive-of-ip-reviews/ip-reviews/Review-of-the-Innovation-Patent-System Brendan Nugent, Australia's Productivity Commission recommends sweeping changes to systems for protection of intellectual property, 06 May 2016 https://www.ajpark.com/ip-central/news-articles/2016/05/australias-productivity-commission-recommends-sweeping-changes-to-systems-for-protection-of-intellectual-property/ Michelle Lee, Gideon Van Rensburg and Edward Genocchio, Australia Update: Productivity Commission Report - Draft Recommendations Relating To Patents, 17 May, 2016 https://www.spruson.com/australia-update-productivity-commission-report-draft-recommendations-relating-to-patents/ Australian Chamber of Commerce and Industry, Productivity Commission Inquiry into Intellectual Property Arrangements, 17 June 2016 https://www.acci.asn.au/sites/default/files/uploaded-content/field_f_content_file/pc_inquiry_into_ip_draft_report_submission_june_2016.pdf Ray Hind, Innovation Patents - Sticking The Boot In, 18 June, 2015 https://www.davies.com.au/ip-news/innovation-patents-sticking-the-boot-in Edith Hamilton and Mark Roberts, Have Your Say By 3 June 2016 On Australias Patent System, 13 May, 2016 https://www.davies.com.au/ip-news/have-your-say-by-3-june-2016-on-the-productivity-commissions-draft-report-o IP Australia, Australian Government, Types of patents, 30 May, 2016 https://www.ipaustralia.gov.au/patents/understanding-patents/types-patents

George and Lennie in the novella Of Mice and Men Research Paper Example

George and Lennie in the novella Of Mice and Men Paper The novella, Of Mice and Men, written by John Steinbeck, is set in Californias Salinas Valley, Soledad during the Great Depression. Steinbeck illustrates the loneliness of ranch life in the early 1930s and highlights how people are driven to try and find friendship in order to escape from loneliness. Steinbeck deliberately uses the town Soledad, meaning loneliness to connect with the main theme of the novella; furthermore, George Milton is depicted many times playing the game of Solitaire, meaning alone. Of Mice and Men is filled with characters who are unable to escape from their lonely lives. In 1930s America, the itinerant farm workers of the Great Depression found it impossible to establish fixed homes, forcing them to wander from ranch to ranch seeking temporary employment and to live in bunk houses with strangers. Their nomadic lifestyle made it difficult to establish a friendship and this was the cause of their loneliness. George explains the misery of this situation at several points during his dialogues with Lennie Guys like us, that work on ranches, are the loneliest guys in the world. We will write a custom essay sample on George and Lennie in the novella Of Mice and Men specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on George and Lennie in the novella Of Mice and Men specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on George and Lennie in the novella Of Mice and Men specifically for you FOR ONLY $16.38 $13.9/page Hire Writer They got no family. They dont belong no place The opening scene of the novella appears to be an extremely peaceful and idyllic place as the Salinas river winds through an idyllic scene of yellow sands, golden foothills, and deer that come to the shore to drink at night, which immediately builds an image of a heavenly place, filled with beauty. The use of colour contributes to the beauty and Eden-like idyllic clearing and contributes to overall sense of perfection. The rich tone of the golden foothill slopes conveys an image of the setting as luxurious and mystical. Steinbeck portrays the river as green and deep which creates an immutable and idyllic serene; yet however, the repetition of the adjective deep implies that water is polluted or dirty, building an image of impending doom or danger. The permanent nature is threatened as the limbs of the sycamore are revealed to be in such a weak state, Steinbeck portraying not how strong nature is but how strong it used to be. The damp flat covered with night tracks of coons also reveals the imperfection of an immutable nature; furthermore, Steinbeck highlights a path beaten hard by boys coming down from the ranches to swim in the deep pool, and beaten hard by tramps who come wearily down from the highway; this metaphor evokes a sense of the harmony of nature spoilt by human interference. This also creates a setting and indicates how men who work on the ranch have had temporary, isolated and lonely lives. The details of the ashes left over from many camp fires and the tree bough worn smooth by so many people sitting on it over the years emphasize the number of people who come over to this spot. Steinbeck gradually introduces that nature is not all idyllic and perfect and this environment is portentous and ominous; he evokes a sense of nostalgia and sentimentality into the landscape. The idyllic peace of the initial scene is disrupted as the two main characters of the novel emerge from the woods. Steinbeck reveals that for a moment the place was lifeless before two men emerged from the path and came into the opening by the green pool. This is evocative because lifeless creates an ominous atmosphere. The rabbits scurry into the shrubs and a heron flies from the edge of the still pool before George and Lennie enter the clearing; this illuminates mans triumph over nature and man disturbing nature. The rabbits senses the presence of danger and hurries away, it is a movement from harmony to discord. There is a contrast between man and nature. Steinbeck also forebodes the death of Lennie by the simple act of predator eating prey. A water snake was at the pond in the beginning, but this time it is eaten. Moreover, a heron was flying away from the pond but now it stays to eat the first snake. It is a method used Steinbeck to foreshadow and illustrate the plot. The snake is predominantly regarded as malevolent and the heron as good which makes the event ironic. One could argue that the heron and water snake are used as metaphors and foreshadowing devices in the novella; Lennie is represented by the water snake and when Lennie scares away the second snake, perhaps he is replacing it. However, the killer will not be a heron, it will be another human George. In the opening section of the novella, Steinbeck wishes to portray the relationship between George and Lennie as leader and follower. Steinbeck highlights that they walked in single file down the narrow path and when they came into the open, one stayed behind the other; which immediately indicates that George is dominant in this comradeship, therefore Lennie is somewhat subordinate, dependent and incapable of looking after himself. This image illustrates that George acts as a parental figure and Lennie is similar to a shy child hiding behind a father. On entry, Steinbeck describes the two dichotomous characters. Instantaneously, George is identified as an itinerant migrant worker, because of the clothes he wears and possession he carries, for example: his hard wearing denim clothes; denim clothing was preferred clothing for farm labourers in America in the 1930s because it was resilient, robust and though suited for working. This is further emphasized by the fact that they are carrying tight blanket rolls which conveys the precarious lives of migrant workers. Steinbeck conveys to the reader that he is nomadic farm labourer seeking work as he is beating the hard-worn path taken by countless other migrant workers; Steinbeck portrays George as being observant and apprehensive due to his restless eyes and sharp strong features; which indicates that he is unable to relax because of the burden of his responsibilities. George has to look after the mentally retarded Lennie in order to keep him out of trouble and woe. George is symbolic of the everyman, a typical farm labourer and ordinary individual in 1930s America. On the other hand, Lennie is the complete opposite of George, a huge man, shapeless of face, with large, pale eyes with sloping shoulders; which indicates that he has the mental capacity of a child and the strength of a bulll and he is unable to control or even judge his own physical power. Steinbeck uses animal imagery as he predominantly compares Lennie with animals, dragging his feet a little the way a bear drags his paws emphasizes that he is a ponderous, powerful, imbecilic bear. Furthermore, dragging his paws like a bear depicts an image of a slow and overly large or obese man. Steinbeck also portrays Lennie snorting into water like a horse; Lennies actions are synonymous with an animal, unlike humans who cup their hands to drink water. This emphasizes that he will act upon an animal instinct nd his animal characteristics convey Lennies great strength that he is unaware of; this holds immense importance in the novel as it foreshadows the downfall of Lennie due to his powerful strength and animal instincts. George and Lennies dream plays an important role in the novella; their dream is to own a farm with lots of coloured rabbits and live off the fatta the lan. In this novella, dreams are one of the ways in which the characters combat the loneliness of their existence. For example: Curleys wifes dream is to become an actress in Hollywood. , Candy and Crookss dream is to join George and Lennies farm; none of the characters ever achieve their dreams. George and Lennies friendship keeps the dream alive, and Steinbeck uses other characters, such as Candy to cause the reader to believe that they might actually succeed in their goals; however, the dream is never fulfilled, as Lennies accident with Curleys wife destroys their unrealistic dream. By writing this, Steinbeck reinforces the significance and importance of the dream and Lennie to George. A method Steinbeck uses to present and develop the characters of George and Lennie is by the use of colloquial American dialect of the working man. George and Lennies colloquial dialect reveals to the reader that George and Lennie are poor and has a low hierarchy. The use of colloquial language helps the reader to engage with the characters and to have a better understanding of their feelings and ideas. Moreover, it reveals Lennies childish mentality to the reader as his language mimics that of a young child Another method Steinbeck uses to develop the characters is the cyclical structure. The novel opens with the description of a riverbed in rural California, a beautiful, wooded area at the base of golden foothill slopes. Steinbeck, then, introduces the two main characters, George and Lennie. At the end of the story, it ends with George and Lennie back where they started, by the river. The structure of this is a cycle; it goes back to the beginning. Steinbeck may have chosen to have a circular plot to show that no circle has an ending, in a way the plot is like a representation to show the dead end existence of the Great Depression. To A Mouse ,a poem written by Robert Burns in 1785, about a man who overturns the soil of a mouses nest in late autumn. In 1937, John Steinbecks novella Of Mice and Men was derived from Burns poem the best laid schemes omice an men/ Gang aft agley an lea e us nought but grief an pain for promisd joy. This line demonstrates us that instead of promised joy, people get shattered dreams, grief and pain; Robert Burns explains that no matter how best laid plans are, even the best of them can be ruined by a simple thing, for example; the mouses nest is easily destroyed and ruined by man. In the novella, George and Lennies American Dream is also easily shattered as everything goes wrong when Lennie accidentally kills Curleys wife. There are abundant similarities between the Burns poem and the novella, for example: mans dominion is the theme of both poem and novella. The line Im truly sorry mans dominion, has broken natures social union emphasizes that Robert Burns felt a great reverence towards animals, who do not have free will like humans do. He tries to explain that he could not help but having dominance over the mouse. In Steinbecks novella, Lennie also has dominance over animals, when he accidentally kills the mouse, the dog and Curleys wife because he has no control over his powerful physical strength. The message that Steinbeck wishes to convey to the reader about George and Lennie is a socialist theory and that everyone should have a role in society. In the novella, each different character represents a different group of people. George represents the everyman, as his lifestyle is simple and similar to other people in 1930s America. Lennie obviously represents the mentally handicapped who is not accepted in 1930s America. Moreover, Crooks is subject to discrimination; for instance, when he is forced to sleep in a separate room from the other labourers, his marginalized status becomes obvious. His plight epitomizes the ubiquitous segregation of color in 1930s America. While Candy represents what happens to everyone who gets old in 1930s American society. Steinbeck wishes to emphasize that everyone should have a role in society to prove the point to the reader that everyone is equal through unclouded eyes untampered by society.