Zizek's, view that "we are far from being a post ideological society now" can be traced to his adaptation of ideologies of Marx and Sloterdijk. He recapitulates a cynical perspective when he said that "they know that, in their activity, they are following an illusion, but still, they are doing it"…
(Tom Myers, 2006)
It is therefore imperative that a distinction between an ideological society and a non-ideological or post-ideological society should be made for purposes of discussing Zizek's view. In the former, politics is subjugated by the exploration for ultimate societal goal, the ideals and aspiration to realize a particular conception of the better society. It is a society where a dominant view of the better life is dispersed through society and influences people's consciousness. This process assumes different category, ranging from the totalitarian societies of fascism and Stalinist communism to liberal societies where concepts of ideological hegemony is sought.
However, in present day society, the issues of political debate can no longer be fixed within the parameters of any single ideology. Over the centuries, society evolved to a much liberated system from a massive framework. Nevertheless, there is a clash between the politics of identity and the politics of ideology: the former explores in political action the recognition of the particular interests and goals of the individual, or cultural group. Ideological politics, on the other hand manifests in a collective manner of public action. The domain of ideological politics is geared towards total social transformation. However, modern political life does not operate anymore in like manner, but of fragmented or piecemeal basis, i.e., particular groups working its way for recognition, special interests claiming that governments take action to their demands (John Schwarzmantel, 2004). To these, Zizek view of the shape of politics in the contemporary society is anything but ideological.
That the apparent fact of the perils of ideological politics in their totalitarian form paves way to a disparate reaction which receives the politics of difference and diversity is easily contested by Zezik. If ideologies would lead to the destruction of pluralism, then a healthy and diverse society has no place in a myriad of ideologies which seek to manipulate such diversity into one ideal. Ideologies seeks to present one ideal of a better society and attempts to reorient or direct different aspects of life towards one goal. Thus, an ideological movement is a collective movement, which stimulates people's loyalty, influences their emotions through the employment of myth and symbolism. It seeks to captivate state power to oblige that goal on the whole of society. Hence, the proponents of what Zezik's opposes acknowledge that ideological movements are not recognizable entities in the present society. (Tom Myers, 2006) Thus, its proponents insist that we have moved to a different kind of society which can be appropriately termed as post-ideological. However, Zezik's views differ on this as may be perused in his views as discussed below.
Points de Capiton
The question thus Zizek asks about ideology is that what maintains an ideological field of meaning consistent This is because of the fact that signifiers are dynamic and are prone to take its meaning to variousninterpretation. So how does ideology maintains its consistency The answer to this question is that a given ideological field is "quilted" by what he terms a point de capiton or the "anchoring point". Zisek argues that a point de capiton is a signifier which averts meaning from moving about inside the ideological quilt. A point de capiton provides identity to an ideological fi ...
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The common law will be applied only where it is impossible to choose between the parties to the litigation in accordance with the principle that where there is equal equity, the law shall prevail. Therefore, in a situation in which there is no clear distinction to be drawn between parties as to which of them has the better claim in equity, the common law principle which best fits the case is applied (Hudson, 2004, p.9).
This legislation established a unified Supreme Court of Judicature, effectively fusing the administration of equity and common law. The need for ongoing creativity by equity was recognised after the Judicature Acts 1873-75 came into force:
I intentionally say modern rules, because it must not be forgotten that the rules of Courts of Equity are not like the rules of the Common Law, supposed to have been established from time immemorial.
Not bound by precedents, it tempered the harshness and inflexibility of common law especially when dealing with families and children. Although both systems merged in 1875, the rules of equity prevail in a case of a conflict with the rules of common law.1
Since the judges could invent new writs any time they wanted, the Parliament decided to allow the judges writ one at a time. This system was unjust since even with the King's Bench having power over a case, the plaintiff might still not win if there was not a single form of action that combined the jurisdiction and power of the King's Bench.
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as the factual scenario indicates that he purchased the property in the 1990s and compulsory registration came into force on 1st December 1990 and therefore the Land Registry Register will be the prime source of recourse for evidence of Charles’ title to the
The Judicature Act 1873-1875 resulted in the integration of both of these laws into the new High Court of Justice. As a consequence of this act, one court exercised the principles of both common law and equity (Edwards, 2000). However, it is important to
Accordingly as Halliwell (1997) portrays, equity continues to be wholly unaffected by any existing state laws, mitigating the prevailing rigors of common law. This allows courts to utilize existing discretion, when applying justice in
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