edu

education

essay风格之Formal与Informal

2019-05-29 17:38:05 | 日記
在美国留学,想必大家对Formal Writing Style是再熟悉不过了,毕竟大家被Formal折磨过不少。在写作essay的时候,风格是非常需要注意的,所以同学们千万要避免Informal,那么Formal又得体现在哪里呢?下面就带大家看一下。

什么学术essay写作要正式?

1.正式的语言一般都是在客观的表达自己的论点(Argument),使用正式的语言是可以避免由于非正式语言造成的意思的模糊性(Ambiguity)。

2.在学术文章里使用正式的语言,尤其是不使用I,We这样的主语,会让你的文章看起来更客观(Objective),因为你是在引用别人观点去支持你的argument.

3.使用正式的语言可能会让你的读者更认同你的观点,你文章的读者可能会是教育程度很高的人,他们对意思的理解需要更精确的表达方式,正式的语言一般都是陈述一些事实或者论证,不带有个人情绪。

正式Formal和非正式Informal的区别

单单这么列出来区别可能有点太抽象,举几个例子吧:

1:杂句Complex sentences

Informal: In 2001, the bridge was built. This was good politically. Two countries united.

Formal: The bridge was completed in 2001, which resulted in a positive political move that united two countries.

2:缩写Contractions

Informal: The research project wonʼt continue next year.

Formal: The research project will not continue next year.

3:俗语/俚语Slang/Colloquialism

Informal: Lecturers still count on students to use correct grammar and punctuation in essays.

Formal: Lecturers expect students to use correct grammar and punctuation in essays.

Informal: It was raining cats and dogs.

Formal: It was raining very heavily.

4:第一人称First person pronouns

Informal: We believe the practice is unsustainable.

Formal: It is believed the practice is unsustainable.

Informal: During the interview I asked students about their experiences.

Formal: During the interview students were asked about their experiences.

总结 Conclusion

今天我们看了学术写作风格,讨论了正式写作(Formal writing)在学术写作的重要性和与非正式写作(Informal writing)的区别。其实,对正式写作(Formal writing)的要求在不仅仅是考雅思有所要求,在学术essay写作和考试中也体现,所以,不管你是正在考雅思还是已经入学需要完成essay写作,都可以反思或者思考一下自己的学术写作风格。

以上就是关于Formal Writing的写作讲解,同学们可以多多练习,提升自己的学术essay写作水平!

51due留学教育引领海外留学的风向标,打造最好的教育品牌,提供专业的代写服务,我们为自己的品牌代言,不负留学生的期待。提供全方位的服务,包括assignment代写、essay代写、paper代写服务。

更多关于代写的内容,点开主页栏目,即可快速获取代写相关资讯,如果各位有美国作业代写需求,可以咨询24小时客服QQ:800020041,为您详细解答。

Paper代写:Modes of Gift Exchange

2019-05-29 17:36:06 | 日記
下面为大家整理一篇优秀的paper代写范文- Modes of Gift Exchange,供大家参考学习,这篇论文讨论了礼品交换。礼物交换是人文社会科学研究的一个共同领域。礼物具有巨大的象征意义和社会意义,远远超出了它们的实际物质价值或身份,而考察送礼的过程,可以让我们考察一件物品成为礼物的社会手段。对于宗教节日礼物,它们允许检查一个社会对上帝和人之间的关系的理解,人类和财产之间的关系,以及社会交往的方法和人类之间的关系中的文化象征。礼物交换激励人们重新审视旧知识和文化范式,揭示不同文化如何相互影响,形成新的文化变化。

1)I chose the modes of gift exchanges as the topic of studying cultural variations from a global perspective.

Gift exchange is a common area of research in the humanities and social sciences. Gifts hold immense symbolism and social implications, far beyond their actual material worth or identity, and examining the process of gift giving allows us to examine the social means by which an object becomes a gift. For religious holiday gifts, they allow an examination of a society's understanding of the relationship between God and man, the relationship between humans and possessions, and methods of social communications and cultural symbolism in the relationships between humans and each other.

In ancient society, the offering, exchanges, acceptances, rebates, preservation, even sacrifices and rituals relating to gifts represent abundant social, relational, and symbolic connotations. Gift exchange could be used to explain the whole system of social interactions, and it provides inspirations to study in the modern societies. For example, Peter Whiteley (2004) conducted a 25-year ethnographic study with the Hopi among at understanding their history and culture through their modes of gift exchange. Hopi is a Native American tribe with strong distinct culture. In their culture, gifts served as message, offering, and gift of magical power. After their rational ritual gradually merged into the American society and through years of cultural change and development, it formatted a new gift exchange culture. Therefore, the gift exchange culture is not always immutable. Additionally, due to America’s dominant position, the American gift exchange culture also affects Hopi’s culture and even makes changes in their society.

To sum it up, Gift exchange has a significant role in studying cross-cultural issues. Gift exchange is inspiring people to take a fresh look at our old paradigms of knowledge and culture, and reveals how different cultures interact with each other and form new cultural changes.

2)Gift exchange is a universal phenomenon that is present yet expressed differently in every human society around the world. A truth widely acknowledged is that the meaning of the gift is far more important than the actual physical object’s worth or identity, and that the means and symbolism of its transfer from one person to another is what defines a gift as something unique or more than a simple transfer of material possessions. Given the importance of symbolism to gift-giving, I chose to examine the conditions under which gifts are given and various modes of gift exchange from different societies around the world.

The first example of gift exchange modes was given to me by a Japanese classmate, who explained that it is very common for people in Japan to give their neighbors gifts when they move to a new area. This is partly to introduce yourself and to break the ice with some of your neighbors, as well as apologize for any disturbances you might cause to their lives or environments. Traditionally, one is supposed to buy something small and practical for the neighbors. Small boxes of cookies, dish towels, or laundry soap are traditional—things that can be used by people of all ages and classes. In more crowded urban environments, they might just be left at the door with a small note, while in more rural or quiet environments this experience might be much more interactive and personal, and reciprocity is highly emphasized. It is not mandatory, particularly in high-density urban areas, but it is strongly encouraged and expected.

http://www.jstor.org/stable/2383499

Speaking to another classmate, an American, taught me about the tradition of wedding registries. A couple getting married, instead of simply expecting friends and family to bring money and presents which might be redundant or unwanted, will create an electronic list at a popular supermarket like Target, and make a list of all the things they want or need to start their new lives, from silverware to home goods to appliances. The process is highly industrial and impersonal, yet extremely efficient at getting a couple the things they want and avoiding the giving of cash, which is largely seen as rude in American culture.

http://theweek.com/articles/737043/inside-booming-online-wedding-registry-industry

Looking at the gifts given between modern heads of state, we find a long line of bizarre and extravagant gifts. These are given usually in person, yet are coordinated through international staffs and foreign ministries, and steps are often taken to prevent corruption and give the gifts domestic political importance. For example, in America, any gift worth over $375 must be donated to the National Archives, such as the aforementioned sword, and gifts given to foreign dignitaries must be made in the U.S.

https://www.theatlantic.com/politics/archive/2016/02/the-unusual-gifts-given-to-presidents/462831

Modern diplomatic gift-giving can also be compared to the tributary system of Imperial China and the exchange of gifts between kingdoms and nations several hundred years ago. Large quantities of gifts were sent to and from China’s capital as a symbol of the neighboring countries’ acknowledgment of China’s cultural superiority and supremacy. In times of strife the gifts would have a net flow outward in an attempt to pacify aggressive nations, though the system was never formalized. By enforcing reciprocity, the gift process gave validity to China’s cultural imperialism and colonial efforts over “barbarian” regions like Manchuria, Xinjiang, Vietnam, and Korea, and to giving “face” to the Chinese state.

https://www2.warwick.ac.uk/fac/arts/history/students/modules/modern_china/readings/peter_perdue_the_tenacious_tributary_system_2015.pdf

Giving lottery tickets is a popular activity in many countries. It is often done casually, with numerous examples of people buying tickets on a whim with whatever change was left while purchasing groceries, without any mathematical hope of winning. However, it is very interesting to examine what happens when the person wins, because a casual situation where no reciprocity was expected suddenly changes as the gift has enormously grown in value.

https://www.consumerreports.org/holiday-shopping/lottery-tickets-as-holiday-gifts/

By looking at the different examples and modes of gift giving under different historical, economic, and social conditions, we can learn much about the underlying principles and meaning of gift-giving.

3)Peter Whiteley’s research has already pointed out that gift exchange is hopi’s important diplomatic means with America. In fact, the relationship between gift exchange and colonialism still exists. In the context of colonialism, the dominant western value directly reflects in the material expression. For example, Hong Kong was under deep influence of the United Kingdom in the colonial era, therefore Christmas has been one of the most important holidays and exchanging gifts is also an indispensable custom. Also, in 1887, in order to transport tin more conveniently out of China, the French decided to build a railway between Vietnam and China. The Yunnan-Vietnam Railway was built under this background and became a veritable “colonial gift.”

We could also find the relationship between gift exchange and hegemony if we further extend the scope of gift. For instance, during the Ming and Qing Dynasties, the Chinese Tributary System was highly prospered. Japan, North Korea, Vietnam and other places were China's dependents back then. The gift they gave to China was called a “tributary,” but the materials rebounded by China to them were regarded as “rewards.” It clearly reflects the status of the state and the status of inequality and contains an attitude to show cultural superiority from China’s side.

Imperialism is also related to gift exchange. Cultural imperialism means that if a country has its influence (such as soft power) in its social system and culture, its influence changes the moral, cultural and social values of another country. For example, traditionally Chinese people think that open gifts right after receiving them is impolite. But due to the huge impact of American culture on modern China, the young generation in China usually opens others’ gifts right in front of them and shows gratitude.

4)Imagine I was going to conduct further research on the modes of gift exchange and engage in ethnographic fieldwork, I would use participant observation, interviews, life histories, and videos.

First of all, primary sources are very important for cross-cultural research. Ethnographic researchers usually spend a long period of time to observe personal behaviors and collective behaviors on various occasions. Participant observation requires me to conduct direct and long-term observation on the rail behavior of my subjects, which contributes to a comprehensive understanding of the motives and other factors that affect their behaviors and customs. Cooperating with structured or semi-structured interviews, including random conversations in households. This method helps to establish and maintain mutual trust with my subjects and offer relevant knowledge in details. In long-term interviews, I will build the system of the causes, histories, commonalities, and differences in the modes of gift exchange among a national or regional population.

Secondly, some of the subjects might be more interested in my research than the others and more capable of contributing special points of view. Or some of them might be delightful to deal with and more generous to help. At this point, life histories would be a really effective methodology. In addition, there are often surprises in the life histories or stories research process and chances of gaining original and meaningful anthropological research outcomes.

Finally, with the development of science and technology, ethnographic research presents more diverse ways. Compared to articles and photos, dynamic videos is better to visually restore the real state of life of the subjects, that is why I would like to make a video record of my research.

These methodologies would help me to establish a more holistic understanding of the modes of gift exchange.

51due留学教育原创版权郑重声明:原创paper代写范文源自编辑创作,未经官方许可,网站谢绝转载。对于侵权行为,未经同意的情况下,51Due有权追究法律责任。主要业务有essay代写、assignment代写、paper代写服务。

51due为留学生提供最好的paper代写服务,亲们可以进入主页了解和获取更多paper代写范文 提供作业代写服务,详情可以咨询我们的客服QQ:800020041。

In-Class Essay写作讲解

2019-05-29 17:26:52 | 日記
In-Class Essay,就是国外大学的随堂Essay,它要求学生在规定的课堂内完成一篇Essay。这种限时的Essay写作对于中国留学生来说难度不小,为了帮助大家更好地写作,下面就给大家讲解一下In-Class Essay.

1.确保essay正面回答教授提出的问题,或者清晰地阐述自己的观点

此外,审题一定要仔细,推敲题目问的是什么,正确理解问题的要求。比如,问题要求运用课堂讨论过的内容来讨论the pros and cons of social media。如果你没有运用到课堂内容,或者是只讨论了social media的好处,这都是不符合essay要求的。

2.善用outline

虽然In-Class Essay的时间很紧张,但是我们仍建议在开始写作之前,花几分钟写一个大致的提纲。因为随堂Essay如果出现错误,比如忘掉思路或者是漏掉了重要的内容,基本上是没有时间去重写的,那也意味着这次考试基本上就完了。因此,我们强烈建议开始写作之前做一个outline。但是在写outline的时候,也需要注意把握时间,不需要写得太详细,写一些keywords和重要的短语就可以。

3.为In-Class Essay开个好头

Introduction决定了教授对你文章的第一印象,如果出现问题,很容易影响文章整体的评分,所以千万不要用一句话带过,更不能省略。通常,Introduction需要介绍写作背景、个人观点以及对下文的简短概括。另外,需要注意Introduction的长度,不要重复细节,让教授一目了然地明白文章主旨就可以。Introduction还应该避免太过复杂的从句和复合句。

4.论证要清晰有理

由于In-Class Essay省去了查找资料的这个过程,所以基本上不使用数据、文献等论据。但是可以采用名人或者是自己的事例进行论证。另外,我们需要带着批判性的思维对某一观点进行探讨,指出该观点的不足之处。

5.In-Class Essay要完整

因为时间的关系,很多同学来不及完成一篇完整的文章,只能匆忙结尾,甚至直接省略了Conclusion的部分。我们不建议大家采用这样的做法,应该尽量提交一篇完整的文章,在Conclusion部分,可以用简短的两三句话对上文做一个概括性的总结。

以上就是关于In-Class Essay的写作讲解,建议大家在写作In-Class Essay的时候,稍微预留一点时间去通读全文,这样来避免减少语法和拼写这种低级错误。

想要了解更多英国论文写作技巧或者需要英国代写,请关注51Due英国论文代写平台,51Due是一家专业的论文代写机构,专业辅导海外留学生的英文论文写作,主要业务有英国代写、essay代写、assignment代写、paper代写。亲们可以进入主页了解和获取更多关于英国代写以及英国留学资讯,我们将为广大留学生提升写作水平,帮助他们达成学业目标。如果您有英国代写需求,可以咨询我们的客服QQ:800020041。

Paper代写:The cult of saints in England

2019-05-29 17:25:32 | 日記
本篇paper代写- The cult of saints in England讨论了英国的圣徒崇拜。在中世纪晚期,英国的圣徒崇拜盛行,成为民众宗教信仰的中心。与中世纪早期相比,晚期的圣徒崇拜已发生了一些变化,民众已经开始关注到自己,具有了自我取向与现实取向。这表明在中世纪晚期,英国民众的宗教信仰中出现了个人主义倾向,在物质力量增长的同时,英国民众的精神力量也在发展。本篇paper代写由51due代写平台整理,供大家参考阅读。

In the late middle ages, the worship of saints prevailed in England and became the center of people's religious belief. Compared with the early medieval period, the later period of saints worship has undergone some changes, the public has begun to pay attention to their own, with a self-orientation and realistic orientation. This shows that in the late middle ages, the religious belief of the British people showed a tendency of "individualism". As the material power grew, the spiritual power of the British people also developed.

The late middle ages gave birth to the factors of social transformation. "before capitalism swallowed up peasants as a class, it took the general development of individual peasants' material and spiritual power as the cornerstone of its development. As for the growth of peasants' material power, Mr. Hou jianxin has made a systematic and in-depth study in the first cornerstone of modernization. However, it is still a new subject to discuss the development of the spiritual power of the British people in the late middle ages from the perspective of the religious belief of the British people, especially the worship of saints. "Hagiolatry is the centre of all men's religious beliefs," and confides our intimate wants to these saints, who dare not address their private wishes directly to the highest judge, and who, because of their own experience and knowledge of human frailties, have no other power but to pray to their providence. Therefore, it is of great significance for us to understand the development of the spiritual power of the British people in the late middle ages through the study of saints worship and the perspective of the value orientation contained in the religious beliefs of the British people in the late middle ages.

Hagiolatry has a long history. According to gaea, hagiolatry originates from the beliefs and rituals of early Judaism and Christianity. Jews worshiped senior clerics, prophets and martyrs and built monuments where they were buried. Christians carry on the tradition of Judaism. As early as the first and second centuries AD, christians began to make saints of the "martyrs" persecuted and killed by the Roman empire and to publicly worship them. In the centuries that followed, the saints expanded to include not only the "martyrs" who gave their lives for their faith, but also the "holy and wise" fathers, bishops, missionaries, and laymen who died a natural death.

As for the definition of saints, the official definition of Catholic saints is "those whom the church honors with official liturgy". The Pope canonized them on the basis of "good character and miracles." Of course, sainthood is not a consistent concept. "every Pope has his own idea of sanctification," he said. This identity is not limited to the official canonization of saints, because the "sacredness" of saints exists not only in the official canonization of saints, but also in a large number of other people and things: first of all, god, the superhuman person, in addition to tangible objects, church organizations and so on. The concept of "holiness" varies from place to place. For historians, an important criterion for sainthood is whether a saint is seen by his followers as a source of supernatural power. In fact, saints are first and foremost local saints. In the eyes of the people, there is no difference between the official saints and the local saints. The popes also let local hagiography run its course.

Until about the 10th century, hagiolatry was essentially a spontaneous act of the local church, where the worship of saints by local Christian groups was established on the basis of popular approval without the need for "canonization." The recognition of the local bishop and the "welcoming" of the saint's body into the place of worship are the keys to the saints' being worshipped. The power of canonization was later vested in the Pope. It is generally believed that the power of canonization began in the late 10th century, but it was in the late 1270s, the late reign of Pope Alexander iii, that the Pope began to fully exercise his power of canonization. Since then, the Pope has appointed a commission to investigate the lives and miracles of saints as the basis for canonization, both of which continue to this day. But until the late middle ages, informal local hagiography continued.

Early hagiolatry was basically focused on places where the bones of saints were buried. But in Western Europe, by the sixth century at the latest, objects of worship had been extended to the burial places of saints or to objects near them, such as the oil in the lamps, and to clothing, later more devoutly worshipped, stained with the blood of martyrs. These objects are considered "extensions" of the saint's body and enjoy the sanctity of the Eucharist. Between the 8th and 9th centuries, believers began to move the bodies of Roman martyrs from Christian cemeteries into the city's churches to prevent sacrilege of the Eucharist in cemeteries. Medieval Chronicles are full of accounts of groups of friars carrying their holy sacraments while fleeing invaders. Since then, people's religious belief has entered a period of special worship of holy objects. Holy sacraments and objects are constantly moved and divided by the faithful, bought and sold, stolen and robbed by fanatics, and even threatened and cursed by those who seek them. Early church rules required that a sacred object be placed on the altar of each holy church, and this was further reaffirmed by the seventh council of nicaea. Saints worship has been associated with holy communion since early times. On the anniversaries of saints, communion was held on the graves of martyrs, thus forming the custom of placing sacred objects on the altar. As a result, the prayer for saints became an important part of the Eucharist liturgy, and special liturgy was also produced for the saints' festivals, such as saints' preaching, eulogy, long preaching and reading ceremony. In this way, hagiolatry is integrated into the official worship of christians in an important way.

The cult of saints in England arose around the 7th century. According to d. rolson, "sacred objects arrived in England with the first missionaries." The holy things of the apostles Peter and Paul and the Roman martyrs were the first to be introduced to England. For example, at the end of the 7th century, Pope vitalian presented the holy objects of the apostles Peter and Paul, as well as the martyrs st. Lawrence and st. John, to the king of northumbria, osween, and at the same time to the queen of northumbria, a golden cross made of the shackles worn by the apostles Peter and Paul. It is also recorded that bishop Benedict, founder of the Abbey of Peter, brought back holy objects of the apostles and Roman martyrs from Rome around 678.

In Britain, the main function of hagiography is as a witness to conversion to Christianity. English catholics believe that saints must possess three basic qualities: asceticism, authority, and connection with the king. But, as d. rolson points out, "the cult of the saints did not prevail in England between 650-850." By the end of the middle ages, however, this situation had changed, with the rapid rise of the cult of saints in England and its development into a central part of popular religious beliefs. The change of saints worship in Britain is closely related to the people's desire for religious belief and the identity and function of saints in the middle ages.

In the middle ages, people's religious beliefs were always focused on how to deal with their affairs most successfully by means of supernatural power. Such as how to avoid disease and natural disasters, how to make their own efforts to succeed, how to resist the power of the devil, how to obtain the grace of god and saints to ensure eternal happiness. Therefore, in this sense, there was a kind of "naked utilitarianism" in the religious belief of the medieval people. This was especially true in the late middle ages. The dependence of the English faithful on the saints is not chiefly as an imitator or a friend of the soul, but as a helper or healer in times of need, for the needs of the body, or of the agony of the dying soul, or of purgatory. Modest affluence, peace in war, healing from disease, divine death and eventual redemption, blessed by the sacraments of the church, were common aspirations in the late middle ages. Hagiolatry is precisely what satisfies this religious hunger. In the middle ages, the main identity of saints was as intercessors who conveyed the voice of the gods to their followers. Saints were seen as protectors of humanity and agents of god, and their functions made them ubiquitous in medieval religious life.

Second, in reality, hagiography is not only the religion of the masses, but also a source of local pride and a means of profit. Thomas more complained that the ICONS of the virgin Mary appeared to be in a "state of competition", with devotees harping on the glory and validity of their own images, even though they honored the same person. In terms of profit, people are rich in ideas. Christ, for example, on the holy cross at bromhowe, was like a contraption with rolling eyes, moving limbs, and foaming mouths, snatching vast amounts of money from the pockets of pilgrims.

In the late middle ages, hagiolatry even became an introduction to the social community. At that time, if a person was excluded from the cult of saints, he was considered disqualified from being part of the community. For example, a "crafty woman" in cambridgeshire was prevented from approaching the holy land by the ghost of st. William because of her witchcraft. This did not end until she was pardoned in the holy land.

In conclusion, in the saints worship in late medieval England, the public began to pay attention to their own practical interests, and had a clear self-orientation and realistic orientation. They changed from begging for gods to demanding. Traditional religious roots gradually died out and gave way to utilitarianism. This may have been a very important change in the minds of the middle ages. At the same time, this change also gave birth to the British people's religious belief in the "individualism" ideological trend.

Some people may say that the early Christianity has contained the spirit of simple realism, but the author thinks that it is just a fantasy, a spiritual sustenance that cannot be realized at all, and a kind of anesthetic. By the end of the middle ages, the spirit of realism contained in the religious beliefs of the British people reflected the economic and social life at that time, and was a new spiritual force adapting to the social reality.

Therefore, in the late middle ages, the British people in the growth of material power at the same time, the spiritual realm also occurred in the new ideas germination. As Mr Tsien says: "in the late middle ages, the era of blind faith seemed to have ended and people began to look at the real world through a more rational lens. A new principle has crept up imperceptibly, that the secular need should be above the religious need, and that religion should serve the secular.

要想成绩好,英国论文得写好,51due代写平台为你提供英国留学资讯,专业辅导,还为你提供专业英国essay代写,paper代写,report代写,需要找论文代写的话快来联系我们51due工作客服QQ:800020041或者Wechat:Abby0900吧。

Essay代写:Judicial review in the United States

2019-05-29 17:22:41 | 日記
下面为大家整理一篇优秀的essay代写范文- Judicial review in the United States,供大家参考学习,这篇论文讨论了美国的司法审查制度。美国的司法审查制度是既具有阶段性又具有连续性的,在长时间的发展中,美国司法审查经历了质的变化。在当代美国,司法机关的立法职能地位被更加明确的确认和接受,这也是美国现代法院的特性。如今美国的司法审查制度不再沿用传统阶段进行司法审查的那些理论和实践,主张法官既对宪法进行适用,也是对宪法进行创造。司法过程的最高境界并不是发现法律,而是创造法律,这才是现代司法审查制度的特征。

In the whole constitution of the United States, there is no provision that the federal court has the right to examine the ACTS of the legislative and executive departments as unconstitutional. America's judicial organs shall enjoy the right of unconstitutional censorship, its establishment is not came from enshrined in the constitution system, but from the Supreme Court granted - in the form of a constitutional case illustrates the federal judicial authority can be in the process of implementation of the constitutional government legislative authority and administrative authority of constitution supervision power operation, and then through a series of constitutional interpretation and case the referee to strengthen and consolidate such power, judicial review system to form.

To study the origin of the judicial review system in the United States, we should explore it from the following three perspectives. The method is to balance the relationship between the judiciary and the legislature. The use of ordinary judicial departments to conduct judicial review of legislative departments is a specific means. Therefore, the common law tradition and constitutional theory is an important aspect of the study of the American judicial review system.

It is the combination of these two factors that leads to the emergence of judicial review system. The two supplement each other in the study of judicial review system. The common law tradition provides the impetus and basis for judicial review in its origin. The theory of constitutionalism provides the institutional basis for judicial review, which demonstrates that the judicial department has the right to review legislative ACTS. It makes it clear that the judicial department implements the constitution to solve the conflicts between the constitution and the application of law, and how to solve the conflicts of law and how to apply the law is the right granted by the common law tradition.

Marshall gradually established the modern American judicial review system through the "marbury v. Madison case" and a series of subsequent cases, so in a sense, Marshall's "marbury v. Madison case" is also the source of judicial review. The early judicial review was based on the basic principles of common law and basic law. Essentially, it is a political action to protect individual freedom by restricting the abuse of power by the legislature. Therefore, the initial judicial review is to review some cases that obviously violate the law and will arouse the concern or opposition of citizens. The judge only reviews the suspicious cases when conducting judicial review, which reflects the trust and respect of the judicial organ to the legislature. Legislation that is contrary to the principles or spirit of the law is usually invalidated. But after the Marshall case, a new mode of judicial review came into play. The process of logical reasoning in judicial review is to analyze the hidden spirit of law from the text of written constitution. At the same time, excluding political disputes, judges should be neutral and have judicial independence, and not be influenced by political parties. This new mode of judicial review can be understood as: first, analyze the case to see whether it is a political issue or a judicial issue, and political issues should be excluded from the scope of judicial review. Secondly, the case should be examined according to the law, especially to fully understand the semantics expressed in the constitutional text and the legal spirit conveyed behind, and to study whether the law is in conflict and how to apply it.

In contemporary America, the legislative function of judicial organs is more clearly confirmed and accepted, which is also the characteristic of modern American courts. The modern judicial review system no longer follows the traditional theory and practice of judicial review in the traditional stage, and advocates that judges should not only apply the constitution, but also create it. Cardozo's famous quote "the highest state of the judicial process is not the discovery of law, but the creation of law" particularly accurately summarizes the characteristics of modern judicial review system.

At the turn of the 20th century, the judicial responsibility has been continuously enhanced and judges are required to continuously make laws, which is based on the legislative factors in the judicial process. At the same time, due to the impact of realism, progressivism and revisionism, the constitution of the United States has changed from sacredness to an incomplete document, reflecting the conflicts of interests of all parties. In the process of interpreting the constitution, judges or scholars usually use common law to understand the constitution, that is, judges have discretion in interpreting the constitution, that is to say, judges can carry out some judicial legislation in the judicial process. Within the legal profession, the judicial review power of judges has been recognized as an important means of implementing legislation, even if it has not been publicly recognized. Through this transformation, the judicial review system has developed into a modern judicial review system. In the transition period, this new mode of judicial review was derived, but it did not occupy the mainstream at that time. Judges take certain constitutional terms to a certain level and use them to review and regulate matters. In this process, judges participate in and make public policy and other laws or bills. The process is no longer judges applying the constitution, but creating it.

The new theoretical basis of judicial review system is formed in the process of transition to the modern stage. Before, the constitution of the United States was regarded as a sacred aura, almost all Americans blind worship, now it is different levels of criticism by different classes. The constitution is no longer a dry document on the altar. It has been constantly adapting to social development and balancing the interests of all parties, but it can no longer strictly constrain the political life of the United States. In the new century, with the development of society, the deepening of people's understanding and the continuous acquisition of new energy in judicial legislative power, a variety of factors have jointly given birth to the rise of modern judicial review and made it constantly full of new vitality.

The judicial review system is both periodic and continuous. In the long development, the judicial review in the United States has undergone qualitative changes. In the process of studying the judicial review system in the United States, we should have such cognition: the modern judicial review system in the United States that we have seen and studied is only a part and a stage in the evolution process of the system. Similarly, we should not compare the excessive worship of modern judicial review system with its universal applicability, or "deify" or "sanctify" it. The modern judicial review system in the United States is only a specific stage in the development of judicial review system, which also means that after that, it will be surpassed just like the previous three stages.

想要了解更多英国留学资讯或者需要英国代写,请关注51Due英国论文代写平台,51Due是一家专业的论文代写机构,专业辅导海外留学生的英文论文写作,主要业务有essay代写、paper代写、assignment代写。在这里,51Due致力于为留学生朋友提供高效优质的留学教育辅导服务,为广大留学生提升写作水平,帮助他们达成学业目标。如果您有essay代写需求,可以咨询我们的客服QQ:800020041。

51Due网站原创范文除特殊说明外一切图文著作权归51Due所有;未经51Due官方授权谢绝任何用途转载或刊发于媒体。如发生侵犯著作权现象,51Due保留一切法律追诉权。