A Short Story - 952 Words

Festivities filled the Chamkar Mohn quarter of Phnom Penh; fragrant arrangements of jasmine and chrysanthemum, piles of wild fruits, and vermillion decorations filled every corner of the neighborhood. Petite candles and spherical paper lanterns pushed the glimmer of the stars and moon out of sight and lit the streets as men inside of large tiger costumes performed dances. A roaring of drums and the melody of Chinese-imported instruments filled the air and thundered in my chest. Inside of my house, well-dressed men and women presented themselves to my father with gifts wrapped in silk ribbon, Ang Pao envelopes, fine artwork, and many handcrafted items. The country’s finest bakers and chefs offered golden and sterling silver platters†¦show more content†¦The gentle glistening of the sun fell gracefully on my mother, who looked distressed and dispirited. Putting aside what she was doing, my mother locked her arms around me in a tight embrace. â€Å"Did you pack your old pictures and Taekwondo trophies, son?† my mother asked caringly. â€Å"No, mother. I left them organized in my drawer, so they’ll be here when I return.† I answered. It was almost time for me to leave to the airport with my father, so I said my farewells to my brothers and sisters. My youngest sister, always beaming with energy asked, â€Å"Bong Proh, will you come back? Will you make sure to visit us?† â€Å"Yes, of course I will, Oun. And the next time I see, you will be all grown.† I replied in reassurement. Months had passed, and my father had returned to Cambodia already. I was now living in what felt like a disparate world, brimming with many men and women with pale complexions, who spoke a brash language, lacking in rhythm. California was alien to me--America was alien to me. Knowing only some English, I persisted in my attempt to study for a bachelors degree in education at California State University, Long Beach. Father sent me money for rent and tuition every month, but soon, I stopped receiving mail from him. On the news one morning, I listened to President Nixon address a few words regarding the fall of Cambodia and the mass genocide that had taken place. I had already known the country wasShow MoreRelatedshort story1018 Words   |  5 Pagesï » ¿Short Stories:  Ã‚  Characteristics †¢Short  - Can usually be read in one sitting. †¢Concise:  Ã‚  Information offered in the story is relevant to the tale being told.  Ã‚  This is unlike a novel, where the story can diverge from the main plot †¢Usually tries to leave behind a  single impression  or effect.  Ã‚  Usually, though not always built around one character, place, idea, or act. †¢Because they are concise, writers depend on the reader bringing  personal experiences  and  prior knowledge  to the story. Four MajorRead MoreThe Short Stories Ideas For Writing A Short Story Essay1097 Words   |  5 Pageswriting a short story. Many a time, writers run out of these short story ideas upon exhausting their sources of short story ideas. If you are one of these writers, who have run out of short story ideas, and the deadline you have for coming up with a short story is running out, the short story writing prompts below will surely help you. Additionally, if you are being tormented by the blank Microsoft Word document staring at you because you are not able to come up with the best short story idea, youRead MoreShort Story1804 Words   |  8 PagesShort story: Definition and History. A  short story  like any other term does not have only one definition, it has many definitions, but all of them are similar in a general idea. According to The World Book Encyclopedia (1994, Vol. 12, L-354), â€Å"the short story is a short work of fiction that usually centers around a single incident. Because of its shorter length, the characters and situations are fewer and less complicated than those of a novel.† In the Cambridge Advanced Learner’s DictionaryRead MoreShort Stories648 Words   |  3 Pageswhat the title to the short story is. The short story theme I am going conduct on is â€Å"The Secret Life of Walter Mitty’ by James Thurber (1973). In this short story the literary elements being used is plot and symbols and the theme being full of distractions and disruption. The narrator is giving a third person point of view in sharing the thoughts of the characters. Walter Mitty the daydreamer is very humorous in the different plots of his dr ifting off. In the start of the story the plot, symbols,Read MoreShort Stories1125 Words   |  5 PagesThe themes of short stories are often relevant to real life? To what extent do you agree with this view? In the short stories â€Å"Miss Brill† and â€Å"Frau Brechenmacher attends a wedding† written by Katherine Mansfield, the themes which are relevant to real life in Miss Brill are isolation and appearance versus reality. Likewise Frau Brechenmacher suffers through isolation throughout the story and also male dominance is one of the major themes that are highlighted in the story. These themes areRead MoreShort Story and People1473 Words   |  6 Pagesï » ¿Title: Story Of An Hour Author: Kate Chopin I. On The Elements / Literary Concepts The short story Story Of An Hour is all about the series of emotions that the protagonist, Mrs. Mallard showed to the readers. With the kind of plot of this short story, it actually refers to the moments that Mrs. Mallard knew that all this time, her husband was alive. For the symbol, I like the title of this short story because it actually symbolizes the time where Mrs. Mallard died with joy. And with thatRead MoreShort Story Essay1294 Words   |  6 PagesA short story concentrates on creating a single dynamic effect and is limited in character and situation. It is a language of maximum yet economical effect. Every word must do a job, sometimes several jobs. Short stories are filled with numerous language and sound devices. These language and sound devices create a stronger image of the scenario or the characters within the text, which contribute to the overall pre-designed effect.As it is shown in the metaphor lipstick bleeding gently in CinnamonRead MoreRacism in the Short Stor ies1837 Words   |  7 PagesOften we read stories that tell stories of mixing the grouping may not always be what is legal or what people consider moral at the time. The things that you can learn from someone who is not like you is amazing if people took the time to consider this before judging someone the world as we know it would be a completely different place. The notion to overlook someone because they are not the same race, gender, creed, religion seems to be the way of the world for a long time. Racism is so prevalentRead MoreThe Idol Short Story1728 Words   |  7 PagesThe short stories â€Å"The Idol† by Adolfo Bioy Casares and â€Å"Axolotl† by Julio Cortà ¡zar address the notion of obsession, and the resulting harm that can come from it. Like all addictions, obsession makes one feel overwhelmed, as a single thought comes to continuously intruding our mind, causing the individual to not be able to ignore these thoughts. In â€Å"Axolotl†, the narr ator is drawn upon the axolotls at the Jardin des Plantes aquarium and his fascination towards the axolotls becomes an obsession. InRead MoreGothic Short Story1447 Words   |  6 Pages The End. In the short story, â€Å"Emma Barrett,† the reader follows a search party group searching for a missing girl named Emma deep in a forest in Oregon. The story follows through first person narration by a group member named Holden. This story would be considered a gothic short story because of its use of setting, theme, symbolism, and literary devices used to portray the horror of a missing six-year-old girl. Plot is the literal chronological development of the story, the sequence of events

Should Evolution be Taught in Schools Essay - 759 Words

Evolution has been taught in all public schools for as long as many can recall. Though the process of evolution is not the only theory, schools have been teaching it as if it is the complete truth, ignoring other aspects and only focusing and targeting on Darwins theory of Evolution. However, there are still many other ideas that the students should be informed of as well because all are theories, all are hypothetic. Teaching of the evolution theory have yet to be proven reliable and confirmed by all scientists, thus it should not be taught in schools and should be left for students to wonder and discover by themselves. Teaching of evolution has several issues. One of the main issue is that it is unfair to some students with a†¦show more content†¦422.,. If Darwins theory is confirmed to be unreliable and false in later generations, what would have the society been teaching students? It would all be lies. Not teaching the theory would eliminate chance of spreading one of th e largest myths in the history of the Earth. Speaking from scientific view, Darwins theory has many loop- holes, according to Charles Darwin, according to Darwin himself might sound better (nwcreation.net)†¦I am quite conscious that my speculations run beyond the bounds of true science†¦.It is a mere rag of an hypothesis with as many flaw[s] holes as sound parts.† Charles Darwin to Asa Gray, cited by Adrian Desmond and James Moore, Darwin, (New York: W.W. Norton and Company, 1991) pp. 456, 475. It violates the Law of Themodynamics, which state that energy cannot be lost or gained, only transformed different types of energy. However, the big bang theory of Darwins Evolution guess is that the Earth suddenly gained a huge burst of energy that created life, which is complete paradox of the Law. Since the Law of Thermodynamics is approved by all scientist while--which the Evolution/ Big bang theory is still in doubt, this would make the theory of Evolution unreliable and possibly false. Evolution is one of the less perfect solutions to explaining theShow MoreRelatedEvolution Should be Taught in Schools Essay678 Words   |  3 PagesEvolution and Creationism are both fact and theory but the question is which one should be taught in schools? Only a few school distracts have approved the teaching of evolution because it has more senitific evidence than creationism to prove that it is true. According to a new Gallup poll, just 39% of Americans believe in evolution. The Gallup polls also show that those Americans with higher education believe in the theory of evolution as opposed to those with only high school diplomas. The pollsRead MoreShould Intelligent Design and/or Creationism Be Taught Alongside Evolution in Public Schools?641 Words   |  3 PagesThere are many controversies in courtrooms about whether or not should intelligent design should be taught alongside evolution in public schools, which has been going on for a great amount of years. Intelligent design is the idea of natures changes cannot be a random process, but a type of guidance must have lead to why nature is the way it is in today’s era. In most cases, that specific guidance is God. God has created the world for a purpose. Creationism is the same idea as intelligent designRead MoreCreationism vs. Evolutionism in Public Schools1538 Words   |  7 PagesCreationism vs. Evolution in Schools: 1st Affirmative Constructive Speech Creationism and Evolutionism by definition are very different topics. Currently, evolutionary naturalism is the most widely taught view of origins in America. In schools in the modern day, only evolutionism is taught and condoned. But before the 1920s, only creationism was taught, and evolution was forbidden. Then, on February 20, 2008, the Florida State Board of Education voted to revise the public school guidelines to requireRead MoreCreationism Isnt Science but Belongs in Schools Essay849 Words   |  4 PagesCreationism Isnt Science but Belongs in Schools The origin of life has been a point of discussion for as long as history has been documented. Ancient Egyptians believed that the sun god Ra took another form, created land from a watery abyss and created everything, including gods and humans. The Iroquois, a tribe of Native Americans, told a story of god to human lineage that resulted in twins, one being evil and one being good. The good twin creates a picture perfectRead MoreA Number Of Years About Evolution And Creationism1592 Words   |  7 PagesThe Gallup organization has asked three questions for a number of years about evolution and creationism. Question one: Do you think God created humans pretty much in our present form at one time within the last 10,000 years? Question two: Do you think we developed over millions of years from less advanced forms of life, but God guided this process, including our creation? The third question: Do you think we have developed over millions of years from less advanced forms of life, and God had no partRead MoreEssay on Creationsim vs. Evolution794 Words   |  4 PagesCreationsim vs. Evolution For a long time school administrators, teachers, parents and even students have argued for and against the teaching of either creation and/or evolution. Evolution has been taught in many public schools for generations because of the scientific methods and support it has as a scientific theory of how we as humans came to be. Many religions hold different views of how humanity as we know it was created and these people believe that students should be able to hearRead MoreThe Scopes Trial And Creationism1053 Words   |  5 PagesCreationism and Evolution have always been a topic in America since the Scopes Trial. The Scopes Trial took place in 1928 when the Supreme Court was deciding whether schools should teach Evolution or Creationism. The foundation of evolution is based upon the belief that the origin of all ordered complex systems, including living creatures, can be explained by natural laws without the intervention of God. In that trial the Supreme Court came to a conclusion that Evolution was banned and that creationismRead MoreCreationism : A Theory Of Primordial History1585 Words   |  7 Pagesand debated phenomena in the history of education is that the hypothetical concept of evolution which can be considered as a theory of primordial history, moreover with the belief of creationism. Both have had an astounded impact in the framework of contemporary education should or should not be taught in the public classroom. Evolutionists and Creationists both have their reasons why their beliefs should be taught in the public classroom. The matter of the fact is that both of these are consideredRead MoreEvolution Of Science Classes At School1653 Words   |  7 PagesBeing raised in a Christian family, I have attended Catholic school my whole life. That being said, I have grown up studying Bible stories since before I can remember. Probably the most prominent and well-known of these stories in Christian theology is, of course, the story of creation. To this day, I still remember how the story goes. On the first day, God created the earth and daylight. For six days after, he continued creation and included the sky, the ocean, plants, animals, and humans. GrowingRead MoreA Case Against Evolution Of Public Schools1082 Words   |  5 Pages A Case Against Evolution in Public Schools Evolution is the most popular theory currently taught in public high schools, and is widely accepted as a sound scientific concept to teach. However, it is equally true that many disagree with evolution and many of its concepts as an explanation of the origin of life on our planet, and it is thus my opinion that evolution should not even be taught in public science classes, as it is not scientifically sound, nor should be a part of a wide variety of concepts

The Fall Of The House Of Usher - 1612 Words

The second message of Poe s The Fall of the House of Usher is that moral disintegration should necessarily lead to destruction as a sort of mundane punishment. Usher blames himself for burying his sister before death so he expects punishment. One conclusion to be drawn from the final scene is that Roderick dies of fear. Madeline appears in her coffin and rushes upon him and he falls to the floor a corpse. Symbolically Madeline is just a physical embodiment of Roderick’s fears and punishment. With Roderick s death, the bloodline of the family falls and the house collapses all at the same time at the story’s conclusion. The house could be thought of as a third member of the Usher family: Roderick, Madeline, and the House. Hoeveler states that the house itself is like a self-created grave, wherein Roderick â€Å" literally walls his abjected self/his ‘sister’ into.† (Hoeveler 394) Louise Kaplan sees that there is an ambiguous relationship between the destruction of the house of Usher and the moral order. It appears to her that there is an incestuous relationship between the twins and this means moral disintegration. So such destruction of the house and death of the twins can be an attempt to preserve the moral order. (Kaplan 52) Poe makes death and decay frightening because he reveals them to be the hidden destiny of everyone and everything. And this leads to the third message that death is the truth we all fear. The general and only message transmitted in all of Poe sShow MoreRelatedThe Fall Of The House Of Usher1243 Words   |  5 Pagesâ€Å"The Fall Of The House Of Usher:† The Mysterious Family In the story â€Å" The Fall of the House of Usher† by Edgar Allan Poe, has an American romanticism with its characters. Edgar Allan Poe is considered a Dark Romanticism because of the way he writes his poems and short stories centered around the concept of evil human nature, darkness, and death. Roderick and Madeline Usher were said to be related during the middle of the story; they were twins. It explained how they were sick, Roderick had a mentalRead MoreThe Fall of the House of Usher700 Words   |  3 Pages â€Å"The Fall of the House of Usher† is a classic horror story written by Edgar Allen Poe. Edgar wrote descriptively through the physical setting, the first person point of view, and the uniquely dynamic characters. These elements worked together to create suspense and kept the readers curious. The first fiction of element begins in the very first paragraph. The unknown narrator described the day as a â€Å"dull, dark, and soundless day in the autumn of the year†¦Ã¢â‚¬ . The setting while the narrator wasRead MoreThe Fall of the House of Usher1239 Words   |  5 PagesA young man ran away from a heap of ruins. He had witnessed the death of his best friend and his home but he ran away as it happened. At the moment, all was silent and not even a squeak could be heard. But if a house collapsed in the middle of a forest, and no one was around to hear it, did it make a sound? With such wonders, death, and darkness also come the work of Edgar Allan Poe. Edgar Allan Poe is known as a literature legend. He wrote many complicated horror and detective fiction stories, whichRead MoreThe Fall Of The House Of Usher856 Words   |  4 PagesThe Fall of the House of Usher and House Taken Over In Edgar Allan Poe’s â€Å"The Fall of the House of Usher† and Julio Cortazar’ â€Å"House Taken Over† the short stories represent the genre of Gothic Literature. Gothic Literature is a genre that combines fiction, horror, death, and romance. Some of these traits are seen in both of these stories through characters and settings. However, there are other traits that set them apart. To begin with, one of the major themes in both of these stories is fear. InRead MoreThe Fall Of The House Of Usher1285 Words   |  6 Pagesâ€Å"The Fall of the House of Usher† has been noted as one of Edgar Allan Poe’s most famous short stories. The story begins when the narrator arrives at the house of his friend, Roderick Usher. Roderick is ill and has been living his life deeply reclusive. His sister Madeline suffers from a sensory disorder and is considered to be dead. The narrator attempts to comfort Roderick and alleviate his melancholy by reading a story that appears to foreshadow later events. In this story, Poe provides his audienceRead MoreThe Fall Of The House Of Usher1727 Words   |  7 PagesFate’s Influence in â€Å"The Fall of the House of Usher† Depressing imagery, confrontation of death, and the intense madness humans are capable of are all themes integrated into Edgar Allan Poe’s stories. The psychology of the human psyche prompted him to create the complex tales that made him famous. Poe’s story of obsession and the power of suggestion is beautifully written through the narrator’s tale. In â€Å"The Fall of the House of Usher†, the characters portray the self-manifesting development of one’sRead MoreThe Fall Of The House Of Usher1133 Words   |  5 Pagesthe story â€Å" The Fall of the House of Usher† by Edgar Allan Poe, has american romanticism with the characters. Edgar Allan Poe is considered a Dark Romanticism because of his poems and short stories centered around the ideas of evil human nature, darkness, and death. Roderick Usher and Madeline were that kind of person in this story; they were twins. There were sick; Roderick had mental disorder and physically and Madeline wa s physically sick. As the narrator enters the desolate house, he finds bothRead MoreThe Fall Of The House Of Usher2041 Words   |  9 Pagesfact that he makes a smooth transition from symbolism to allegory in his writings. Edgar Allan Poe uses a more gothic style of writing that gives his science fiction literature unique character. One of Poe’s more popular stories is â€Å"The Fall of the House of Usher† in which he uses deep symbolism and imagery to tell the story. Although both short stories portray critical use of allegory and symbolism, it is based upon opinion as to which story is the more superior. â€Å"Young Goodman Brown† is more superiorRead MoreThe Fall Of The House Of Usher888 Words   |  4 Pages Edgar Allen Poe’s short story The Fall of the House of Usher was very captivating. Once I began reading the story I couldn’t put the book down till I was done. I believe the protagonist in the story was Roderick Usher. I always assumed a protagonist to be heroic in some way. Roderick Usher’s character, however, was not heroic. Usher was not only a hypochondriac, but he was a mentally and physically sick man. I have no doubt that a lot of his mental and physical maladies sprouted from yearsRead MoreThe Fall Of The House Of Usher1651 Words   |  7 PagesRomanticism/Transcendentalism Essay Edgar Allen Poe’s â€Å"The Fall of the House of Usher,† Nathaniel Hawthorne’s â€Å"The Minister’s Black Veil,† and William Cullen Bryant’s â€Å"Thanatopsis† illustrate several Romantic and Transcendentalist (and anti-Transcendentalist) traits. All of these authors are regarded as very important and influential Romantic writers. Their works are renowned all across the entire world. â€Å"The Fall of the House of Usher† is a Gothic short story written by Edgar Allen Poe, which focuses

Charitable Trusts in Ireland free essay sample

One of the most significant changes made by the Charities Act 2009 came in s. 39 of that Act, which established a ‘Charities Regulatory Body’ to regulate charities. Case law still largely defines ‘charitable purpose’. The main advantage of being classified as a charitable purpose trust is that many of the disadvantages which would apply otherwise can be avoided; the rule against perpetuities doesn’t apply (although the trust must vest in a perpetuity period); the rule against having non-human beneficiaries can be ignored; and certain tax exemptions accrue. The case of Christ’s Hospital v Grainger was the case in which it was held that a gift over from a charity to a charity isn’t subject to the rules against perpetuities. The Cy-Pres jurisdiction of the Courts allows them to get involved to monitor charities so if their purpose changes or the charity comes to an end it allows orders to be made about the property so that it is used for a purpose as similar as possible to the purpose of the original charity. Definition of ‘charity’: The old legislation in this area didn’t set out a definition, but the preambles set out examples of what might be considered charitable purposes; the Courts expanded this definition based on ‘the spirit of the preamble’. There are four categories of charitable trusts set out in Pemsel’s Case by Lord MacNaughton. These are trusts for: 1)The relief of poverty; 2)The advancement of education; 3)The advancement of religion; 4)Other purposes beneficial to the community. There was always a difficulty with the fourth factor given its possible very wide scope. Therefore the 2009 Act sets out a list of purposes that are encompassed in the fourth category in s. 3(11) (e. g. protection of the environment). In Ireland and England, in order for a trust to qualify as ‘charitable’, it must not only serve one of the above purposes, but it must also serve the public benefit, and pass the ‘public benefit test’. The list is not intended to be exhaustive. In England they have s. 2 of the Charities Act 2006 to define charitable purposes. The 2009 Act includes e. g. voluntary work, urban regeneration, advancement of art, culture heritage or sciences etc. hich are clearly very broad categories. Trusts for the Relief of Poverty: The obvious questions raised by this category are how poor must the beneficiaries be, and how many of them must there be. In this context, ‘poor’ is a relative term; in the Re Colthurst case, it was said that in this context, poverty doesn’t mean destitution, but instead the idea of people having to go short having regard to their status. This case concerned a trust for the benefit of orphans and widows of bank officials who were in poverty. In the case of Re Segelman, a trust in favour of ‘needy relatives’ was upheld as being charitable; it was acknowledged that most of the members of the class weren’t affluent but needed help from time to time. However, the Court did limit the number of beneficiaries here, since the class was not to be closed until twenty one years after the testator’s death, and although at the time of death there were only twenty six individuals in the class, in twenty one years it would expand greatly, and the Court found that it cannot have been the intention of the testator to give gifts to after-born issue. In the Histed Article, the author is particularly critical of this wide definition of ‘poor’, as it means that the Courts have come close to saying that an occasional problem of expenditure exceeding income qualifies someone as ‘poor’, which is not a good approach. It should be noted that these trusts must benefit a class of individuals, as if they benefit named individuals they qualify as private, and not charitable, trusts. In terms of the ‘public benefit test’ in the context of this category, the test has been reduced â€Å"almost to vanishing point† according to Hanbury, because of the advent of poor employee and poor relative cases. The case of Re Scauisbrick concerned a small class, which were the needy relations of the testator’s sons and daughters. Lord Evershead said that the cases concerning ‘poor relations’ can be justified on the grounds that the relief of poverty, no matter whose poverty it is, is an altruistic act and is thus of public benefit. In the case of Dingle v Turner, a trust had been established to benefit the poor retired employees of a firm. The House of Lords upheld this trust as charitable, with Lord Cross saying that a class of over six hundred individuals was not too small to qualify as a charitable trust. However the issue with this case was that the issue of the definition of ‘poor’ wasn’t addressed. The important thing therefore when setting up a charitable trust for the relief of poverty is to benefit a class, not individuals. Issues with the area are still the fact that ‘poverty’ is ill-defined, and the public benefit test is not rigidly applied. The advent of the Charities Act 2009 has altered the position in Ireland in relation to poor relatives and employees cases, since it specifies that trusts will not be upheld as charitable where there is a close connection between potential beneficiaries and the testator; this close connection includes where they are close relatives and employees, and so in Ireland it is doubtful that such trusts will be upheld in future. Trusts for the advancement of education: The concept of what is ‘educational’ in order to qualify a trust as legally charitable has often been debated. In England there are two possible approaches. The first can be seen in the case of Re Shaw, which concerned the will of George Bernard Shaw. It stated that the trustees have to provide for research inter alia into the advantages of reform of the alphabet. Harman J stated that â€Å"if the object be merely the increase of knowledge that is not in itself a charitable object unless it be combined with teaching or education† so the gift was not upheld. The second can be seen in Re Hopkins Will Trusts a more expansive interpretation of ‘education’ was put forward by Lord Wilberforce. A gift to a society to help them search for the Bacon-Shakespeare manuscripts was held to be valid. Lord Wilberforce disagreed with Harman J saying that the word ‘education’ should be extended beyond teaching, although he did accept that research of a purely private matter would not be educational. In this jurisdiction in In re the Worth Library Keane J commented that he felt the approach in Hopkins was a lot more reasonable. This case concerned a library in a hospital. The Court rejected the idea that it fell under the category of educational as only three people had access to it and so this is taking this beyond the already liberal meaning. However, it was still upheld as charitable as it was adjudged to come under the fourth Pemsel category of other purposes beneficial to the community. The case of Oppenheim v Tobacco Securities Trust Co. Ltd concerned a trust for the education of children of all of the employees and former employees of a company. This case was a very important one in clarifying the public benefit aspect of charities for the advancement of education. It was held that the trust must fail because the distinguishing quality of the class of beneficiaries was a relationship with a named propositus, and they were not a section of the public per se. This has been a heavily criticised decision. It was noted by Lord Cross in the later Dingle v Turner case that the motivating factor behind the decision might be the ‘undeserved fiscal immunity which would be the result of finding charitable status’. Quite possible this issue will be reassessed in the next appropriate case. The case of OConnell v Attorney General concerned a trust to give money to the male descendants of the testator’s brother to obtain professions (through university education). It was held not to be charitable, because it clearly failed the public benefit test, nor could it be upheld even to a limited extent as it breached the rule against perpetuities as no beneficiary may have been alive at the testators death, and they could stay in education ‘to obtain a profession’ as long as they wanted, and there was no limit to the number of them there could be. In Magee v Attorney General High Court a broad approach towards the meaning of education was taken by Lavan J. Lavan J stated that the activities carried on in the local community school which largely consisted of the running of self-help groups must be deemed educational in nature. Trusts for the advancement of religion: This is a very complex and uncertain area, dealing with such a sensitive issue. Section 3(4) of Charities Act 2009 provides that â€Å"it shall be presumed, unless contrary is proved, that a gift for the advancement of religion is of public benefit’. Section 3(5) provides that Charities Regulatory Authority can’t make a determination that gift for advancement of religion is not of public benefit without the consent of the Attorney General. Section 3(6) provides that a charitable gift for advancement of religion shall have effect and shall be construed in ‘accordance with the laws, canons, ordinances and tenets of the religion concerned’. Finally, section 99 provides that a person who sells mass cards other than according to an arrangement with recognised persons shall be guilty of offence. Gifts to ecclesiastical office holders: The important distinction to draw in this area is that a gift for the benefit of the incumbent of an ecclesiastical office for the time being is charitable, while a gift to the particular individual who happens to hold that office will not be. In the case of Gibson v Representative Church Body, a bequest to the chaplain of the Rotunda Hospital and his successors was upheld as charitable; however, a bequest in a codicil to that same will for the chaplain’s personal benefit was not charitable. In Donnellan v ONeill a bequest to a cardinal absolutely and for his own benefit was held to be a gift to him in his private capacity, and thus not a charitable gift. The test was described by Kindersley VC in Thornber v Wilson as being whether the testator designates the individual as such, or as being the person who happens to fill the officeâ€Å". Gifts for the celebration of masses: This was a particularly common area of benevolence in Ireland over the centuries, and thus there is a fairly large body of case law concerning it. It is certainly a charitable purpose, and was designated as such by s. 45(2) of the Charities Act 1961, but it is an area which for a long time provoked considerable uncertainty and controversy. Historically the legal principles applicable differed considerably between England and Ireland. The question of the charitable nature of the gifts for the saying of masses, and whether it was necessary to specify that they be said in public, was resolved by the Irish Court of Appeal in the case of OHanlon v Logue. Here, a testatrix devised and bequeathed her property on certain trusts and then on trust to sell it and invest the proceeds and pay the income thereof from time to time to the Roman Catholic Primate of all Ireland for the time being for the celebration of masses for the repose of the souls of her late husband, her children and herself, the will containing no direction that these masses be said in public. The Court of Appeal upheld the charitable nature of the gift and made it clear that a bequest for the saying of masses, whether in public or not, constituted a valid charitable gift. This decision has been followed on a number of occasions, and the issue was put beyond any doubt by the enactment of s. 45(2) of the Charities Act 1961. In England, the law in this area was clarified by the case of Re Hetherington. Here, Browne-Wilkinson VC confirmed that gifts for the saying of masses are prima facie charitable, since it is for a religious purpose and contained the necessary elements of public benefit because in practice the masses would be celebrated in public. While he stressed that the celebration of a religious rite in private would not contain this essential public element, the Vice Chancellor made it clear that where either construction was possible, the gift was to be construed as one to be carried out only by charitable means (i. e. celebrated in public). Trusts for the Other Purposes Beneficial to the Community: Examples of the types of charitable purposes were set out recently in the new Charities Acts, which is a new departure. Prior to the 2006 Act in England and the 2009 Act in Ireland, this was regarded as a residual catch-all category. Interpretation of what it meant varied over the years. There were two main approaches. In the Attorney General v National Provincial and Union Bank of England case, the point was made that not all trusts beneficial to community are necessarily charitable, and you also have to show a charitable purpose, which is quite a rigid approach. A more flexible interpretation of this point was applied recently. In the case of Incorporated Council for Law Reporting for England Wales v Attorney General, it was suggested that the purpose of the trust possibly fell under education as well as the fourth category. Russell LJ held that if a purpose is shown to be of sufficient benefit to the community, it is prima facie charitable; here it was held to be so by the Court of Appeal. This was a much less strict approach, which made it easier to qualify. A case which is helpful in setting out the scope of this area is the Northern Irish case of Re Dunlop. It should be noted that in England and Northern Ireland, the 1st category of poverty relief included the purpose of ‘help of the elderly’ with it, as happened in this case. It involved a request to found a home for elderly Presbyterians; the Court concluded that this was a charitable purpose, and the fact that the beneficiaries were only allowed to be Presbyterians didn’t negative the fact that this was still of public benefit. The judge seemed to be taking view that it’s actually quite difficult to qualify under the 4th category, and made obiter statements that to qualify, there should be no limitations to the gift that would prevent the public as a whole from benefiting. Therefore, in this fourth category, the public benefit test seems to be tricter than in any of the other categories. Is the test for ‘public benefit’ objective or subjective? The Courts in Ireland have generally held that it is subjective, with due weight given to the viewpoint of the donor, provided it is not illegal or immoral, while the Courts in England and Northern Ireland have held it’s an objective test. In the important Irish case of Re Cranston, Lord Justice Fitzgibbon and a majority of the Court of Appeal held that it should be a subjective test, based not on the view of the judge, nor on general public opinion. Instead, the benefit must be one the founder believes to be of public advantage, but it must be rational, and not contrary to law or morality. In the English case of Re Hummeltenberg, a gift was made to a College for the training of Mediums, which was held not to be a charitable purpose. The Court looked at the Irish case law, but said that it should be a matter for the Court to decide, which is an objective approach. The Irish approach was reaffirmed in the case of In re the Worth Library. Important legislative changes took place with the coming into force of the Acts†¦s. (11) lists purposes ‘a’ to ‘l’ under the fourth category, but it is not an exhaustive list. It included two factors which hadn’t arisen in case law: the protection of the natural environment; and the advancement of environmental sustainability. It contains no mention of the advancement of human rights after much debate on this topic during its drafting, especially since this is a factor in the English equivalent of this legislation, which contains these factors in s. 2(2). Subsection (h) in the English legislation discusses human rights. A purpose included in the English Act, but not in the Irish Act, is (g), the advancement of amateur sport, which is proving very controversial. The areas mentioned in the Irish Act are: (a)Gifts for the elderly and sick: In the case Re Robinson a gift for people over the age of sixty five in a certain area, was upheld as charitable; (b)Gifts for the sick and hospitals: In the case of Re McCarthy’s Will Trusts, Budd J upheld as charitable gifts to a charity promoting trips to Lourdes for sick people. An important Supreme Court decision was given in Barringtons Hospital v Valuation Commissioner, in which a hospital sought to challenge the loss of its exemption from ratings tax, saying it was charitable. Kingsmill Moore J said that these trusts are charitable, and it didn’t matter that the hospital charged some people. In the case of In re the Worth Library, the library facilities were only available for three people, but Keane J said it as still charitable because it gave them a haven in which to relax, and that meant the whole hospital benefited. (c)Gifts for sporting and recreational purposes: In Common law jurisdictions, gifts to promote a sport are not charitable usually, but providing general recreational facilities can be charitable sometimes. In the 1950’s in England, the Recreational Charities Act was introduced, which deemed as charitable recreational facilities provided in the interest of social welfare; this legislation spawned many cases. In Guild v IRC, a testator left a gift to be used in connection with a sports centre, and the House of Lords said that this was a charitable gift; they said that the facilities for recreation did improve people’s quality of life, even if the people who benefited were not in a position of relative social disadvantage. There was a Northern Irish decision along same lines in Springhill Housing Action Committee v. Commissioner of Valuation, in which a community centre was upheld as charitable. There was only one Irish case until recently which was Shillington v Portadown UDC, where it was held that it was a valid charitable gift to give money to the local council to build facilities to encourage healthy recreation. In the relatively recent case of National Tourism Development Authority v Coughlan, there was a gift to a golf club, but this was for the promotion of a particular sport, and so was not charitable according to Charleton J, who held that the more exclusive the enterprise, usually the less likely it is to have as its sole purpose the betterment of society in general. d)Gifts for the benefit of animals: The case of Armstrong v Reeves concerned a gift to a charity for the abolition of vivisection, which was regarded as a charitable purpose under the fourth miscellaneous charitable purpose; this case was decided in the late 19th century. The issue was seen again in the 1940’s in the National Anti-Vivisection Society v IRC case, but here the House of Lords performed a balancing exercise, and said that the benefit to humanity outweighed the cruelty to the animals, and thus the purpose of the trust was held not to be charitable. e)Gifts for political purposes: It has long been established that a gift for an existing political party is not charitable; in Re ni Brudair, a gift to the benefit of ‘Republicans to advance their cause as it was between the years 1916 to 1920’ was too vague, and the Court said that it had a political objective and thus was not charitable. There is a grey area in the area of human rights. The case of McGovern v Attorney General is an important one in this area. Here, Amnesty International was trying to set up another organisation to promote human rights in other countries through diverse political means. The Judge said that this new organisation couldn’t be charitable because they were going to try to achieve their goals by changing other countries’ laws. He said that using such methods could not be charitable. This approach has been criticised because it constitutes a very broad ban on any donations to political organisations constituting charitable gifts. This decision had also been criticised in the Hanbury and Martin textbook, since it introduces double standards, as existing charities already campaign for political change, but ones seeking charitable status to do so cannot; this is an inconsistent approach.