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Contract Law

Issue 1

Desmond Aster, the proprietor of Sleet and Trumpet Real Estate wants to use Sydney Harbour Hotel's conference centre for a series of seminars he is running for his staff.

Valerie Ewer, an employee of Sleet and Trumpet contacts Sydney Harbour Hotel and makes a phone booking for a conference room at $500 for the 1st October 00.

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The hotel manager makes the booking and adds he will be sending a booking slip to the estate agency which must be signed and returned with $00 as a holding deposit.

The slip is never signed but a delayed payment of $00 is eventually made (before 1st October 00).

At 5.00 am on the 1st October 00, an electrical fault causes a fire. The conference room is damaged and cannot be used. Desmond arrives at 10.00 am and is informed of the fire, he threatens to sue and Sydney Harbour Hotel requests that Desmond pay the remaining $00 they say is due under contract.

An offer was made by Sydney Harbour Hotel for a conference room at $500 for the 1st October 00 at 10.00 am to Sleet Trumpet Real Estate. Acceptance and agreement of the terms was made by Sleet and Trumpet Real Estate when Desmond sent the $00 to Sydney Harbour Hotel.

So we must ask ourselves, is Desmond liable for the remaining $00 owed to Sydney Harbour Hotel? And is Sydney Harbour Hotel liable for refunding Desmond's initial payment of $00?

If after the formation of the contract an unforeseen event occurs which affects the performance of the contract, "the contract is automatically terminated if the effect on performance is substantial, provided neither party was at fault".

By frustration, parties are discharged from the obligation to perform, "or to be ready and willing to perform, their contractual duties".

The Frustrated Contracts Act 17 (NSW) s7 states "that a promise due for performance prior to frustration, which was not performed before the time of frustration, is discharged". s1 provides that "any monetary payments made prior to frustration must be returned".

In Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd (14) AC , buyers were held to be entitled to recover that part of the price which had been paid prior to frustration where a contract for manufacture of machinery was frustrated prior to delivery .

As seen in Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd, contracts became frustrated and the parties involved were discharged under the doctrine of frustration. Under s1 of the Frustrated Contracts Act 17 (NSW) monetary payments made prior to frustration were returned.

In Taylor v Caldwell (186) B & S 86; "A building had been hired to the plaintiff for the purpose of staging a concert there and it was destroyed by fire a short time before the concert date… the court held that the owner was released from his liability to perform the contract because of the destruction of the subject matter of the contract" . There is no mention of refund of money or any monies being paid but it does mention that both parties were discharged from their contractual duties (s7 of the Frustrated Contracts Act 17 (NSW)).

Desmond made a contract with Sydney Harbour Hotel to book a conference room on the 1st October 00, at 5.00 am on that same day an electrical fault caused a fire resulting in Desmond not being able to use the room. So in our response to the question stated above, Desmond could be refunded the $00 based on the outcomes of the Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd (14) AC case. Sydney Harbour Hotel's request for the remaining $00 should be dismissed as Desmond is no longer required to fulfil his duties as the contract has been 'frustrated' and under the doctrine of frustration parties are automatically discharged from obligations to perform their contractual duties.

Issue

Unable to use the previously arranged conference room with Sydney Harbour Hotel, Desmond found an alternative one at Flawty Pagoda Inns. But due to the late notice, room hire cost him $800. He agreed to this price figuring he could sue Sydney Harbour Hotel for the difference of $00.

Salib Dore, the manager of Flawty Pagoda Inns attended Desmond's seminar and was so impressed with Desmond's talk that he promised Desmond he would be refunded the $00 of the money he paid as a hiring fee on the seminar room.

After the theft of Desmond's car and the disagreement over who will take responsibility for replacing the car, Salib takes back his offer regarding the $00.

So is Salib Dore liable for the payment of $00 he promised Desmond? And can Desmond sue Sydney Harbour Hotel for the difference?

Salib Dore makes an offer to Desmond stating he will refund him the $00 for the hiring fee.

However, it is fair to assume (from the question) that Desmond does not respond to Salib's offer, and in order for a contract to be valid, an acceptance must be communicated. Therefore no contract has been made and Salib is not liable to refund Desmond the $00.

Desmond cannot sue Sydney Harbour Hotel for the difference of $00 as the contract was 'frustrated' and the parties were discharged from their obligation to perform their contractual duties. Therefore the contract ended with the fire.

Issue

At 1.0 pm Desmond arrives at Flawty Pagoda Inn car park. Desmond stops at the entrance to the car park of the hotel. There is a large sign that says that entry is subject to the conditions printed on the back of the ticket. Desmond presses a button and an automatic ticket machine issues a ticket, which Desmond takes. He puts the ticket in his pocket without reading it, the barrier gate rises automatically, and Desmond drives through and parks his car.

After his seminar Desmond returns to his car to find it is missing. Enquiries reveal that an employee of Flawty Pagoda Inn has released the car to a thief, who managed to get a duplicate ticket from the employee by pretending that the ticket had been lost.

Flawty Pagoda Inn will not take any responsibility for replacing Desmond's car. They are saying that because Desmond had used the car park before in fact times in the previous 1 months he should have known about the conditions.

There was a contract between Desmond and Flawty Pagoda Inn. The offer was entry into the car park and acceptance was Desmond taking the ticket and entering the car park.

So is Flawty Pagoda Inn liable for damages/theft of Desmond's car? Does the exclusion clause exclude liability for the release of the car to the thief (the breach of contract)?

The hotel made use of an exclusion clause on the back of the parking ticket in the hope to exclude the hotel from liability of car theft, damage etc. "An exclusion clause is a term of a contract which excludes, qualifies or limits the liability of a party for breach of contract, or what would, but for the exclusion, be a breach of contract" . The hotel has used what is known as a 'standard form' of contract. Upon entry into the car park you take a ticket, which would contain an exclusion clause. It would be unreal for a customer to negotiate the details of the contract. Their arrangement with the hotel's car park is purely on a 'take it or leave it' basis and the only contractual freedom they have is to walk away if they don't agree with the terms.

"The exclusion clause must be brought to the notice of the contracting party before or at the time the contract is made. If notice of the exclusion clause is given after the contract has been made, it will have no effect" . Notice considered sufficient can be seen in the Thompson v LM & S Railway Co (10) 1 KB 41. Tickets contained 'for conditions see back' and a clause exempting the company from liability for any injury, fatal or otherwise. "T was injured. Her claim against the company failed. The court held that the notice given was sufficient for an excursion passenger" .

In the case of Council of the City of Sydney v West (165) 114 CLR 481, "West parked his car at a parking station and received a ticket which contained the following "the council does not accept any responsibility for the loss or damage to any vehicle.. However, such loss, damage.. May arise or be caused" together with a statement that the ticket must be presented before taking delivery of the vehicle. The evidence suggested that an unauthorised person obtained a duplicate ticket by falsely representing that he had lost the original, and that, by presenting the duplicate ticket, obtained possession of the plaintiff's car. It was held that the clause did not protect the council as the release of the car was not merely a negligent act but was delivery not authorised by the contract" .

The high court stated that "it is a question of construction i.e. interpretation of the contract as a whole, whether or not a particular exemption clause is wide enough to exclude liability for the alleged breach of contract" .

Flawty Pagoda Inn gave Desmond sufficient notice; the large sign stating entry is subject to the conditions printed on the back of the ticket. With the sign and Desmond's previous visits to the car park it is clear that he knew and understood the terms and conditions of entry.

Thus, according to the precedent set by the Thompson case, the Flawty Pagoda Inn exclusion clause prevents them from being liable for damages to Desmond.

However, with reference to West's case, Flawty Pagoda Inn's exclusion clause does not cover the release of the stolen vehicle and is therefore not wide enough to exclude liability.

In conclusion, Flawty Pagoda Inn was not responsible for the theft of Desmond's motor vehicle as it comes under their exclusion clause. However they are responsible for the release of the motor vehicle. A remedy for the breach of contract is Flawty Pagoda Inn to take part responsibility for the theft of the car and award Desmond a sum of money for damages.

Issue 4

Valerie purchased 8 chairs for $600 from Anne Tique with the belief that they were early Victorian. It is fair to assume (from the question) that Anne is not aware that these chairs are from that period.

It is later brought to Valerie's attention that only of the chairs are genuine early Victorian and the other 5 are artificially aged.

Valerie returns to Anne to ask for her money back.

Is Anne liable to refund Valerie her $600?

A contract was formed between Valerie and Anne as an offer of 8 chairs at $4000 was made by Anne and Valerie accepted these terms with a counter offer of $600 and in turn purchasing them. Consideration was evident from both parties as Valerie expressed interest in purchasing the chairs and negotiated with Anne on the final purchase price .

Valerie never mentioned or questioned Anne re the authenticity of the chairs and therefore has no case to claim refund of the chairs.

This can be said as she cannot claim a unilateral mistake. "One of the parties may be mistaken, and the other is, or ought reasonable to be aware of this" .

Factual mistakes recognised by the law i.e. a unilateral mistake could have been used in Valerie's defence had Anne been aware that Valerie was purely purchasing the chairs on her belief of them being early Victorian (with the information given, it is fair to assume Anne was not aware of this).

Caveat emptor could also have been used in Valerie's defence had she questioned the authenticity of the chairs to Anne and Anne misleading Valerie to believe they were "each party to a contract may keep silent, even in regard to facts which they believe might affect the other party… the law may require the speaker to act honestly, even if not required" .

Had Anne been aware of the authenticity of the chairs then Valerie would be eligible for a refund as Anne would have breached the contract via a unilateral mistake or caveat emptor.

As this is not the case, Valerie has no case and Anne is not liable to refund Valerie her $600.

Issue 5

Valerie purchases an old dog collar from Anne Tique with the knowledge that it is worth a lot more than her offer of $50. Anne however is unaware of the collar's true value and is more than happy to off load it.

A contract has been formed; an offer of $50 was made by Valerie and accepted by Anne.

Valerie lines up a sale of the dog collar to another dealer Kay Neign, who specialises in dog memorabilia. Both Kay and Valerie believe the collar is worth $5000.

A contract is also formed here; an offer and agreement of $5000 is made by Valerie and Kay.

Valerie is now being accused by Anne that she cheated her for buying the collar at such a cheap price as the latest edition of the local paper contained an article about the dog collar and Kay negotiating its sale for $100,000 to a private collector.

Are there grounds for the participating parties for rescission of the contracts?

Where a party has a lesser degree of expertise and enters into a contract with the belief that what they are purchasing is at true market value from the advice of the professional (the other party) and the professional fails to notify them of its true value, fraudulent misrepresentation is said to have occurred.

"A representation may be made by words or conduct, mere silence is not a misrepresentation unless there is, by reason of the nature of the contract into which the parties purpose to enter, a duty to disclose" .

Caveat emptor, the traditional law of misrepresentation applies here too, "each party to a contract may keep silent, even in regard to facts which they believe might affect the other party" .

Mere silence may constitute misrepresentation which might also occur without there being a false statement of material fact. In Krakowski v Eurolynx Pty Ltd (15) 18 CLR 56 "E sold strata title shop premises to K who bought on the basis, known to E, that the purchase price was calculated by reference to the expected rental return… That agreement between E and the tenant contained provisions which significantly reduced the effective rent payable. The existence of this agreement was not disclosed to K prior to settlement of the purchase. The High Court found … a fraudulent misrepresentation" .

Kay, a specialist in dog memorabilia owed Valerie a professional standard of care. She possesses special knowledge and skills regarding dog memorabilia. Valerie would have been aware of this and trusted Kay's supposed judgement. Had Valerie known the true authenticity of the collar she would not have sold it to Kay for a mere $5000.

Kay withheld important and relevant information from Valerie. Had Valerie known the collar's true history she would not have entered into the contract.

The Courts would find Kay's silence fraudulent misrepresentation (as seen in the Krakowski v Eurolynx Pty Ltd (15) case.

Rescission of the contracts is not an option for Valerie or Anne as the collar has been sold to a private collector. Valerie may however sue Kay for damages.

Contract Law Essay

Prepared By Lyndsay Benger

007166

Prepared For Sophie Riley

Due Date Monday, 1st October 00

Word Count ,587

BIBLIOGRAPHY

1. CARTER, J.W. Outline of Contract Law in Australia Sydney Butterworths (14)

. GILLIES, Peter. Business Law 7th Edition SydneyFederation Press (15)

. TURNER, Clive. Australian Commercial Law 0th Edition Sydney The Law Book Company Ltd (15)

4. McALLISTER, Margaret. The Law Handbook 7th Edition Sydney Redfern Legal Centre Publishing (1)

5. LATIMER, Paul. 001 Australian Business Law Sydney CCH Australia Ltd (000)

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Jackie-O is the daughter of a wealthy Washington D.C. couple, the Pascals. She has a younger brother Anthony, and a twin brother Marty. Jackie and the other children were given all they desired materially growing up, but were neglected emotionally, which lead to feelings of inferiority according to Adler. Mr. Pascal was a workaholic and the mother had numerous affairs that eventually led to the couple splitting up. Jackie and her twin brother Marty formed a bond between them as adolescents that the rest of the family did not share. The twins would spend the days playing with a video camera, giving tours of the family mansion, pretending it was the White House and that Jackie was the First Lady.

During their early teenage years, Jackie and Marty attended an Ides of March party. Jackie went as the former first lady, wearing a pink Chanel suit with fake blood and brains on the fabric as a twisted joke. The party was a traumatic experience for Jackie-O because the other partygoers were disgusted at her idea of humor and shunned her. Marty was the only one to comfort and befriend her, and his gesture sparks a sexual relationship with his sister. The twins indulge their obsession with each other and the Kennedy family, even going so far as to dress up and stage re-creations of JFK's final moments. Jackie had always been possessive of Marty and hurt others in order to keep sole possession of his attention. Marty once kept a lizard as a pet growing up, but Jackie flushed it down the toilet in jealousy. The rest of the family turned a blind eye to the level of the twins' relationship, which ended when Marty left for New York to attend college. Marty arrived home on Thanksgiving a year later with a fianc e, and Jackie does literally everything in her power to destroy their relationship and get Marty back.

Adler saw personality as something established quite early in life. He believed the prototype of your lifestyle tends to be fixed approximately at five years old. New experiences, rather than change that prototype, tend to be interpreted in terms of the prototype. Jackie seems to be fixed in the prototype that her and Marty belong together forever and all of her actions move toward that goal.

Alfred Adler postulates a single "drive" or motivating force behind all human behavior and experience. He called that motivating force the "strive for perfection". It is the desire we all have to fulfill out potentials, to come closer and closer to our ideal. Jackie-O strives to be like the Kennedy's and to have sole possession of her brother, Marty. To guide their behavior, people create fictional final goals that represent not reality but what is possible. Jackie's fictional finalism obviously has a goal of her and Marty being able to continue their relationship interrupted and unashamed. Growing up in rich family with servants, Jackie was pampered quite a bit as young girl. Adler says that pampered children do not learn how to do things for themselves, which make them feel that they are inferior to others. Pampering also teaches a child that the way to deal with others is by giving commands, which can lead to feelings of hatred from society.

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According to Adler, neurosis is a characterized by an insufficient social interest and he defined three different types based on the amount of energy involved. Jackie is the ruling type of personality. Ruling types are known to be aggressive from childhood on and show a tendency to be dominant over others. Ruling types strive for personal power and will hurt others to get what they want. Ruling types will also hurt others by hurting themselves.

Jackie shows many signs of not having any social interest or empathy for her family and society. If she is not arguing with her family for something she wants, she is flattering and manipulating in order to get what she wants. When Marty shows up to Thanksgiving dinner with a fianc e it visibly upsets her, but she soon finds a way to trick her younger brother into successfully seducing the girl. A lack of social concern like this is Adler's basis of mental ill health and thus leads to neurotic behavior neurotic behavior like Jackie's.

According to Adler, Jackie's lack of empathy tells us that she is too self-interested which is caused by feelings of inferiority and low self-esteem. Jackie's feelings of inferiority may stem from the Ides of March party where she was shunned for her bad taste. Feelings of inferiority in one area of life lead to compensation in others, music and language for example. Her feelings of inferiority seem to have developed a superiority complex, which involves covering up her own shortcomings by pretending to be superior. This is a safeguarding strategy that is common in individuals with feelings of inferiority to compensate for their true, inferior feelings. In what begins as a casual conversation, Jackie brags to her brother's fianc e that she can speak French, making her feel superior, then verbally attacks Marty's fianc e about growing up poor to make the girl feel inferior.

Adler must be credited as the first theorist to include not only a child's mother and father as early influences on the child, but the child's brothers and sisters as well. Birth-order is another of Adler's theories, and Jackie fits into some of his firstborn child expectations. The first child begins life as an only child, with all the attention to him or herself. Adler believed that firstborn children feel "dethroned" with the arrival of the second kid, and become disobedient and rebellious. In Jackie's case, she was never an only child since she was born with a twin brother, but Adler's ideas still apply in her case since her and Marty were so close. The twins sexual relationship and obsession with the Kennedy's begins soon after their younger brother is born.

Rogers only considers two personality types in his theory functioning and non-functioning self-actualizing tendency. A non-functional person is considered to be maladjusted and Rogers discussed conditions that cause the maladjustment. A maladjusted person has received only conditional positive regard, which occurs when significant people in our lives put conditions on what we must do to gain their love and support. Positive regard is strongly needed and attempts are made to meet the conditions on which it comes. A full functioning person is someone who is congruent between their ideal and actual selves and is thus able to live up to his or her full potential as a human being.

Under Rogers' guidelines, Jackie would be classified a person with a non-functioning self-actualization tendency. Maladjusted individuals are defensive and they content to maintain rather than improve their life. Jackie is extremely defensive even when asked everyday questions by her family, and becomes furious whenever accused of wrongdoing. She merely maintains her life, because her and her family is content as long as she takes her medicine and avoids psychotic outbreaks. Her brother Anthony tells Marty that Jackie's day is split between reading assassination books and watching soap operas and his time is spent making sure his sister takes her medicine. No plans for her to improve her mental health and move out of the family home is every mentioned, and her younger brother Anthony even confesses to dropping out of Stanford to "take care of her". Mrs. Pascal seems to have given up on helping her daughter's mental condition, and tells her son Marty "Jackie is sick, I cannot make her get any better".

A prominent and wealthy family, the Pascals seem to have placed importance on scholastic achievements and other intellectual pursuits. Marty and Anthony both attend very prestigious universities; all three children are fluent in another language and all three are also extremely talented at the piano. Most likely, Jackie was given only love and attention as long as she excelled at school and music, resulting in a pattern of conditional positive regard. Ironically, her parents' attempts to make her a well-rounded person by stressing school, language, and musical ability have actually hurt her by making her try to live up to impossible standards in order to receive positive regard.

Another symptom of a non-functioning self-actualizing tendency is incongruence. Incongruence is the gap between a person's ideal and actual selves, and is the equivalence of neurosis according to Rogers. Incongruence is the result of receiving conditional positive regard, which occurs when significant. When approaching a situation where incongruence will be recognized, the individual feels anxiety and will likely use one of Roger's recognized defense mechanisms denial or perception of reality. Every time the individual uses a defense, he or she increases their incongruence, which eventually leads to more anxiety and defenses. Rogers explains psychosis as an occurrence when the individual's defenses are overwhelmed and sense of self is destroyed, causing episodes of bizarre behavior and disorientation.

Jackie displays symptoms of her incongruence through her use of defenses. Upon hearing of her brother's engagement, she impulsively lets out a shriek that she quickly changes to a joyful laugh and then runs out of the room. This is an example of her defense reaction of denial to the anxiety of a situation produced by her incongruence. Rogers considered denial to be the avoidance of the situation and repression of the memory that causes anxiety. Jackie's ideal self wants her brother's affections all to herself, which is a much different perception than the reality of his engagement that she is confronted with. Later when left alone with her brother, Jackie seduces him as if he had never gotten engaged and her congruence is temporarily repaired. Perceptual distortion is a form of defense that reinterprets the situation to be less threatening. Jackie is bothered by society norms that frown upon sexual contact between siblings, so she explains her perception to him that she and Marty are so much alike and emotionally connected due to them being twins that they belong together.

Rogers explains that every time an individual uses a defense, the distance between the real and ideal self increases along with incongruence. Increased incongruence leads to more situations that cause anxiety, and therefore more defenses. It becomes a vicious cycle that the person eventually is unable to get out of. This cycle is defenses and anxiety is part of Rogers's explanation of psychosis. Psychosis occurs when a person's defenses are overworked, and their perception of their self is destroyed. Behavior at this time is inconsistent and bizarre, saying things that made little sense and becoming emotional without being provoked.

Jackie's ill mental health and incongruence has caused episodes of psychotic behavior in the past. When Marty tried to go away for college in New York, Jackie shot him with a pistol in his stomach to prevent him from leaving. Without Marty even being in town, she still had an incident of psychosis in which she became hysterical over a bottle of seltzer water going flat. She attempted to boil the water because there was "no more bubbles" and then poured the boiling water back in the plastic bottle which proceeded to melt into her skin giving her third degree burns. When Marty attempts to leave with his fianc e the morning after thanksgiving, Jackie tricks him into reenacting JFK's assassination one more time. Marty agrees, because he thinks that the gun that they use only has blanks in it. Jackie kills him and buries his body in the backyard to "keep them together".

Adler and Rogers have each conceived complete, well-developed theories that are applicable to Jackie-O's behavior and personal history when attempting to explain her personality. Both theorists have a concept of the individual striving for personal improvement at the core of their ideas, although the importance and context of this striving differs. Rogers's entire personality theory is built upon the concept of an individual having or not having a functioning self-actualization tendency, and all behavior stems from this "force of life" that pushes us to improve ourselves. This "striving for perfection" as Adler calls it, is only half of his core personality concept, and Adler's perfection is in a social context, not an individual one like Rogers. Rogers's theory is often criticized as being selfish for focusing too much on the individual and not considering his or her environment. For example, Adler explores the effect that birth order may have on an individual, while Rogers's silence on the subject leads one to think that he does not give it any importance at all.

One particularly contrasting feature of the two theories is how they describe a healthy, fully functioning individual. Adler describes his healthy individual as responsible, capable, committed, effective, able and willing to adapt to social realities, and having a high level of social interest. Rogers's attributes of the fully-functioning person include openness to new experiences, existential mindset, trust in one's self, level of freedom, and creativity. Rogers's factors in determining mental health seem to be much more concerned with the self than an individual's contribution or participation in society, while Adler's healthy individual must be able to contribute to and function in the real world.

When attempting to analyze the personality of Jackie, I agree more with Carl Rogers's theory of personality due to it's more unified concept, application towards Jackie's behavior, and my own personal experiences that I see reflected in his theory. Rogers's views are simple in concept but are more connected and inspired compared to Adler's writings. If you can believe the core idea of self-actualization, the rest of his theory fits into place well. Rogers seems to have taken good ideas from other theorists and reworked them to fit his model effectively.

I believe that Rogers's theory best explains my characters behavior solely on the strength of his incongruence writings. Jackie's gap between her ideal and real self seems so obvious when observing her reactions to events in the movie. The anxiety that Rogers attributes to incongruent individuals is manifested exactly in the manner that it is described. When watching the character's actions again keeping the idea of defenses against anxiety attacks in my mind, I was able to spot many occasions that Jackie uses her defenses denial and perception distortion.

The defenses were a concept that I began to see in my life unfortunately all too often after digesting Rogers's theory. Rogers made me analyze and understand my own behavior more effectively, and the same is true for Jackie's character. I was also able to think of many examples of observing incongruence in other people, and was glad to have a name for their behavior. References

1. Lewis, W. (156). Alfred Adler An introduction to his psychology. Great Britain Penguin Books.

. Rattner, J. (18). Alfred Adler. New York Frederick Ungar Publishing Company.

. Hall, C.S., Gardner, L. (185). Introduction to the theories of personality. Toronto John Wiley & Sons

4. Maddi, S.R. (16). Personality theories A comparative analysis (6th ed.). Toronto Brooks/Cole Publishing Co.

5. Ryckmann, R.M. (1) Theories of personality (5th ed.) California Brooks/Cole Publishing Co.

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If you order your custom term paper from our custom writing service you will receive a perfectly written assignment on Design Argument's History. What we need from you is to provide us with your detailed paper instructions for our experienced writers to follow all of your specific writing requirements. Specify your order details, state the exact number of pages required and our custom writing professionals will deliver the best quality Design Argument's History paper right on time.

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The original argument, formulated most famously by Archdeacon Paley back in 180[1], says simply that the world around us--specifically, the apparent design features we observe in living organisms--have all the hallmarks of intelligent design, and that this design is best explained by attributing them to the work of a Designer, namely, we might go on to say, God.

Of course, the theistic conclusion of this argument has been made a lot less intuitively plausible since the development of a well-confirmed naturalistic alternative, namely the Darwinian theory of evolution by natural selection. But the trends of philosophical fashion are rarely so simple. Just as one set of scientific developments has been seen as undermining an argument for Gods existence, another set of developments has opened up a rich new seam of possibilities. The design argument has shifted ground without abandoning its basic principle. This shift has given rise to a new variant of the design argument, which I will refer to as the fine-tuning argument.

In this article, I will argue that the reasoning that underpins the fine-tuning argument is far more robust than it is usually given credit for. To do this, I intend to defend the argument against a few very common objections.

I should probably clarify two points before I go any further. The first is that Ive picked on one particular article--a post by Nathan Urban from the talk.origins archive--as a kind of spokesperson for the objections I intend to criticise. Perhaps this is unfair, in which case I apologise to Nathan. But I ought to make clear that the objections I want to examine have been put forward by many different people, both philosophers and scientists, from across the whole spectrum of religious belief. And Ive chosen that particular talk.origins post for three reasons

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It goes through all the various objections in one short article.

Its a well thought-out, articulate and readable exposition of the position.

Most importantly, its freely available on the internet[], so readers can just surf over there and see what all the fuss is about.

My second point is that Ive nailed my colours to the mast rather obviously in the title of this paper. I dont believe in God. It follows, then, that although I think the fine-tuning argument is very strong, at the end of the day I dont think it points to the conclusion that God exists. My aim in this article is neither to defend a theistic conclusion to the fine-tuning argument, nor to demolish it. My aim is rather to demonstrate that many of the usual attempts at demolition are simply inadequate, but a theistic conclusion is nevertheless unjustified.

The fine-tuning argument

The empirical premises for fine-tuning have been passed over from scientists investigating what the cosmologist Sir Martin Rees[] calls the deep forces that shape the universe. These forces boil down to six factors which were determined at the birth of the universe. Roughly speaking, they are

The strength of gravity.

The strength of the force that binds atomic nuclei together.

The amount of material in the universe.

The strength of cosmic antigravity.

The amount of irregularity in the distribution of mass in the early stages of the universe

The number of spatial dimensions.

Other writers have come up with different summaries of these fine-tuned factors. For instance, John Leslie, in his book Universes[4], lists many different factors, and Max Tegmark[5] pointed to the number of dimensions (three spatial, one temporal) as another factor that makes our universe uniquely conducive to the development of life.

The precise, measured values of these factors make our universe what it is. If any one of them was even a tiny bit different--if, say, gravity was a tiny bit stronger, or if there was very slightly less material in the universe--the universe wouldnt be the way it is. This is what scientists mean when they say that the universe looks fine-tuned. In fact, these six numbers constitute a recipe for a universe. Moreover, the outcome is sensitive to their values if any of them were to be untuned, there would be no stars and no life.[6]

This is the observation that is significant to the fine-tuning argument without each of these key values being exactly the way it is, there would be no stars, no galaxies, and certainly no life. In other words, there are many, many ways the universe could have been, but only an infinitesimally small number of those--one in many billions of billions[4]--would have resulted in a universe that contains life.

Based on this observation, we might sketch the fine-tuning argument as follows

The universe is such that it produces and supports conscious life. Scientists believe that a universe could only do this if it was set up in a particular and very precise way. Out of all the possible ways that the universe could have been set up, the likelihood of its being life-containing is very small indeed, so we should not attribute this to chance. We should look for a better explanation, namely that there is a purposive agent who designed it that way.

This formulation will need a little refining in the light of the following objections, but I will argue that, taking into account these minor refinements, the argument will successfully overcome these objections.

If things were different, we wouldnt be here

Even if this universe is wildly improbable, so what? By the anthropic principle, if it were different we wouldnt be here to wonder about it.

This objection comes up very often, but when you think about it, its rather an odd response to the fine-tuning argument. Suppose a soldier is sentenced to death by firing squad, but when the order comes, all twelve of the marksmen inexplicably miss their target and the soldier survives. Now, for one of the marksmen to miss would be unlikely, but all twelve? The odds against it are huge, unless theres been some deliberate tampering--bribery, sabotage, whatever. Surely the soldier is quite within his rights to wonder why the marksmen missed, and to try and find an answer to that question, even though--if they hadnt--he wouldnt be alive to wonder about it. He would be making a mistake if he just thought, Oh well, thats that, no explanation needed!--and then went on his merry way.

Of course, its true that, if the universe werent life-permitting, we wouldnt be here to wonder about it. But we know the universe is life-permitting, because here we are. The fact that we exist doesnt somehow answer the question of why we exist, or make that question disappear; it doesnt explain why the universe is like it is. Our existence didnt somehow cause the universe to be life-permitting. The point of the fine-tuning argument is that, on the contrary, the universe could very easily have turned out differently, and then wed never have existed. So were quite entitled to ask why we do exist.

This objection arises because of a misapplication of the anthropic principle. Basically, this principle makes the obvious point that we can only expect to find observers where conditions allow observers to exist. For instance

If only one out of a trillion universes gave rise to life, then there would be ,,, empty universes and one with beings saying wow, what a coincidence! even though it was completely due to chance.

This is a valid point. If there are many universes, then we shouldnt be surprised to find ourselves in a life-permitting one. But, if theres only one universe, the anthropic principle has nothing to say about the probability of that universe being life-permitting. It certainly doesnt stop us from asking Why?

Maybe things had to turn out this way

Sure, the parameters are fine-tuned to produce life, but who says that the parameters could have taken on any other values in the first place? If youre going to say that its improbable that such a universe could have arisen, you must presuppose that the universe could have evolved some other way, but we have no information whatsoever on how, if at all, that may have occurred. It could be a law of physics that the constants can only take on the values that they do, for all we know!

True, we have to admit that we cant have any scientific knowledge of what things were like before the key parameters of the universe were determined, so its impossible for us to judge the likelihood of these parameters turning out in any one particular way. But this fact doesnt get rid of the need for an explanation other than chance for the way things are.

Suppose it was very likely or even completely certain that the universe would turn out fine-tuned for life, because the parameters were interrelated, or some prior law forced them down that road. Surely, then, the question is even more pressing Why should this be so? What was it about the way things were before the birth of the universe that made a fine-tuned universe so likely; what was it that biased the universe in favour of life? If not a Designer, then it was some fact, law, force or circumstance. But then, we have to ask, why should there be that particular fact, law, force or circumstance, rather than any of the infinite number of other logically possible ones?

Whatever state of affairs we use to explain why the universe is so remarkably fine-tuned, the question can always be put why should there be that state of affairs rather than any other? Yes, it might conceivably have been physically impossible for the universe to turn out non-life-permitting, given some physical restriction on its parameters. But then the existence of that physical restriction needs explaining because it is the kind of physical restriction that makes life very likely or inevitable--and why should that be the case?

So the need for explanation wouldnt be alleviated if we (somehow) learned that the universe was biased towards life even before the key parameters were set. That would just set the bias further back in time.

Wed draw the same conclusion whether or not the universe really was designed

Suppose hypothetically that the parameters of the universe were determined purely at random by some natural physical process (without intelligent design being involved), such as a quantum fluctuation or something. Further suppose that there are 10 such parameters, which can take on values between 1 and 6, with every permutation being equally likely. And finally suppose that the only configuration of parameters capable of giving rise to a universe with intelligent life is 5655514, and that the universe happens to, by random, come up with that configuration. To us, those parameters are a meaningless and random sequence, no more and no less likely than any other. But to them, its an extremely special, unique, and very improbably fine-tuned--the odds are worse than 60 million to one!--set of parameters. But it would be incorrect for them to conclude that their universe was intelligently designed, because in this hypothetical example, it wasnt!

But the fine-tuning argument never set out to be a proof. Its no objection to a probabilistic argument to say that it doesnt prove its conclusion. The argument only says that, given certain considerations, we should think it very likely that the universe was designed to be life-permitting. It doesnt say that anything weve seen makes that conclusion absolutely certain.

So, if the universe wasnt designed, we have to admit that it would still be possible (though very unlikely) for it to turn out just the way it has turned out. In that case, we, as ignorant life-forms, would still be justified in thinking that it probably was designed, but we would have been unfortunately misled by the evidence available to us.

Consider the casino analogy again. Its (just) possible that your opponent is being completely honest, the die is completely fair, and he just happens to come up with the sequence of numbers (say, ten 6s) that allow him to win a fortune. If that were the case, then you, as an observer, would be misled by the evidence. You would be justified in thinking it very likely that the die was weighted, but in fact youd be wrong. That doesnt make your conclusion any less rational.[7]

Any outcome is equally improbable

Its like rolling a die ten times and getting 5655514 and saying wow, the odds on that were 60 million to one, what a coincidence! (And note that rolling 6666666666 is no less likely; the probability of getting 5655514 is exactly the same as the probability of getting 6666666666.) If you post facto single out some particular sequence as special (such as 6666666666 or life arising) then of course that individual sequence is improbable, but that doesnt mean that the dice were rigged (i.e., that there was an intelligent designer behind that sequence). Its exactly as probable or improbable as anything else.

This is a much stronger objection. The basic challenge that it mounts is this Why should we marvel at the occurrence of any one particular outcome when all outcomes are equally improbable?[8]

The objection suggests that we consider a die being rolled, so lets do that. Imagine youre in a casino and your opponent has gotten himself into a sticky situation. Lets say he now needs to roll a die ten times and get ten 6s in order to win all your money, and if he fails, you will win all his. With you looking on, he rolls the die and--to your horror--he gets ten 6s in a row! As you watch your fortune draining away before your eyes, what are you thinking? Are you thinking, How unlucky! Still, I guess that combination was as unlikely as any other? Or are you instead thinking, Hang on a minute--the odds of that happening were 60466176 to 1--I smell a rat?

Dice can be deliberately weighted to make them very likely to come up with a particular number. How many 6s in a row would it take before the excuse Well, thats just as unlikely as any other result starts to lose its plausibility in favour of the competing hypothesis, That die is probably weighted?

If you play poker and your opponents hand comes up with four aces for three rounds in a row, do you shrug it off with the excuse that four aces is perfectly possible, and just as unlikely as any other specific combination of four cards? What about if it happens ten rounds in a row, or a million? At what point do you start to prefer the cheating hypothesis to the blind chance hypothesis?

Theres a simple principle at work here. Our objector pointed out, quite rightly, that an outcome thats just unlikely doesnt need any special explanation. But an outcome thats both unlikely and significant, by contrast, is crying out for a special explanation. My favourite analogy is the millionaire lottery analogy imagine a lottery where the entrants are one million millionaires and one pauper. The chances of any single individual winning are a million to one. If any one of the millionaires wins, no special explanation is needed; but if the pauper wins, the theory that the whole thing is a benevolent fix looks more likely, and the more often it happens, the more suspicious we should get. We should prefer the explanation that makes what we see more likely.

This, then, is the analogy with the universe. Our universe was set up in such a way that it is life-permitting. Any combination of key parameter values would be unlikely, but a life-permitting combination is both unlikely and significant. If theres no Designer, the chances of the universe turning out that way are tiny. But if there is a (life-loving) Designer, the chances of the universe turning out that way are certain, or at least very much greater. So the fact that any outcome is equally improbable doesnt affect the fine-tuning arguments conclusion; we should prefer the theory that the universe was designed to the theory that it arose by chance.[]

[1] In William Paleys Natural Theology (180).

[] Re Probability of Star Formation in the The Talk.Origins Archive linked from the Argument to Design index page in the Secular Web Library

[] Martin Rees, Just Six Numbers (1)

[4] John Leslie, Universes (18), p.184

[5] In This Week, 1 September 17, p.11. (See also Marcus Chown, Cosmic coincidence, New Scientist, 1 September 17.)

[6] Rees, 1, p.4.

[7] A similar point was made

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The title of the novel, Wuthering Heights, is taken from the name of the house, upon the hill where much of the action in the novel takes place. It is dark, inhospitable and fortress-like, as if built for defence "The narrow windows are deeply set into the wall, and the corners defended with large jutting stones… Instead of wading through heath and mud to Wuthering Heights." It is a place, which is hard to get to and where the wind blows around and howls outside it, causing the "stunted" fir trees to "excessively slant." Nothing is cared for and everything is inhospitable "a range of gaunt thorns all stretching their limbs one way, as if craving alms of the sun, " and utilitarian "Above the chimney were sundry villainous old guns and a couple of horse-pistols." Nothing is ornamental, everything is there for a purpose "A huge, liver-coloured bitch pointer surrounded by a swarm of squealing puppies, and other dogs haunted other recesses." There is no warmth or nurturing, they are only there to guard as is shown later when the dog's "lip curled up, and her white teeth watering for a snatch. My caress provoked a long guttural gnarl." "I believe at Wuthering Heights the kitchen is forced to retreat altogether in another quarter." Anything that is life-sustaining is forced to retreat and Lockwood, the primary narrator, slowly delves further and further into the core of Wuthering Heights as he discovers the past of this household. When he finally gets to the core, which seems to be the end, as that is when he understands everything, Cathy and Hareton and left and these two, are a loving couple, who have been forced to retreat and finally they are allowed to come out into the open with the life as they want, as their boundaries are removed.

This hostile and dark place is in total contrast to the polar opposite, that which is Thrushcross Grange, being the park, down off the moors, enclosed by walls and parklands, unlike Wuthering Heights, which is out in the open and subject to the harsh moorland weather. "My human fixture and her satellites rushed to welcome me; exclaiming tumultuously, they had completely given up on me; everybody conjectured that I perished last night; and they were wondering how they must set about the search for my remains." Unlike the folk in Wuthering Heights, the staff at Thrushcross Grange are concerned for their guests and seem kind and considerate. Lockwood is sat in front of a "cheerful fire and smoking coffee." There is warmth and hospitality in Thrushcross Grange, which is completely unheard of Wuthering Heights, until the end, when both Thrushcross Grange and Wuthering Heights are combined.

These two polar opposites are separated by a boundary, as are all the polar opposites and in this case, the boundary is the moors and the wall, which surrounds the grounds of Thrushcross Grange. Boundaries are a major theme in Wuthering Heights as they separate two opposites, whether they are on a large scale such as the two houses, or just two people. Doors, thresholds and windows are found everywhere in Wuthering Heights, as these are simple but effective liminal image, showing the boundaries in the novel "Then, striding to a side-door, he shouted again…(I) arrived at Heathcliff's garden gate…I approached a window to examine the weather." These images are completely consistent throughout the novel, as they are used to segregate all the opposites.

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"On that bleak hill top the earth was hard with a black frost, and the air made me shiver through every limb. Being unable to remove the chain, I jumped over, and, running up the flagged causeway bordered with straggling gooseberry bushes, knocked vainly for admittance, till my knuckles tingled, and the dogs howled…A sorrowful sight I saw; dark night coming down prematurely, and sky and hills mingled in one bitter whirl of wind and suffocating snow." Once again, a description of Wuthering Heights shows it in a cold and harsh way, displaying the inhospitality of the place, unlike the description of Thrushcross Grange "It was beautiful - a splendid place carpeted with crimson and crimson-covered chairs and tables, and a pure white ceiling bordered by gold, a shower of glass-drops hanging in silver chains from the centre, and shimmering with little soft tapers." Whereas Wuthering Heights is dark, Thrushcross Grange is pure and bright. "The idiots! That was their pleasure! To quarrel who should hold a heap of warm hair, and each began to cry because both, after struggling to get it, refused to take it. We laughed outright at the petted things, we did despise them!" The dogs at Wuthering Heights are functional and are used as guard dogs, but in Thrushcross Grange, they are there as pets, to be loved and cared for.

Thrushcross Grange is much more civilised and Nellie notes marked improvements in Cathy upon her return for her five-week stay there "Her manners much improved…instead of a wild, hatless little savage jumping into the house, and rushing to squeeze us all breathless, there lighted from a handsome black pony a very dignified person, with brown ringlets falling from the cover of a feathered beaver, and a long cloth habit which she was obliged to hold up with both hands that she might sail in…Doubtless Catherine marked the difference between her friends as one came in, and the other went out. The contrast resembled what you see in exchanging a bleak, hilly coal country for a beautiful fertile valley." However, as Heathcliff invades Thrushcross Grange, it slowly disintegrates into a place more like Wuthering Heights, and at the end Cathy and Hareton live in flowering Wuthering Heights, while Thrushcross Grange is inhabited, except for cleaners. "Miss Linton moped about the park and garden, always silent, almost in tears." This shows the changing attitudes and developing storm in the once cheerful Thrushcross Grange Park. "She rung the bell till it broke with a twang I entered leisurely. It was enough to try the temper of a saint, such senseless, wicked rages! There she was dashing her head against the arm of the sofa, and grinding her teeth, so that you might fancy she would crash them to splinters."

Throughout the novel, Heathcliff is described often like an animal ("growled Mr Heathcliff…his whiskers encroached bearishly…he's a fierce, pitiless, wolfish man") or the devil. This second reference can be linked to the polar opposites of heaven and hell, which recur throughout the novel "He interrupted with an almost diabolical sneer…At this diabolical violence, I rushed at him furiously… Though it's as dark almost as if it came from the devil…Imp of Satan." Heathcliff often strikes in extreme violence, sometimes in ways that would be considered completely out of order for a gentleman. This is part of his animalisation and likeness to the devil himself, however it is also due to his extreme cruelty, which he puts upon many of the characters, like Linton and Cathy, who he only uses as tools to get his revenge. This is shown in his discussion with Nellie, in which he comes out to her.

The polar opposites of heaven and hell are similar to those of life and death. These two are crossed in a few occasions in the novel in the form of references to both and in infernal images, these often being through Heathcliff " 'You'll go to hell!'...By heaven and Hell…But by the help of Satan." As the novel progresses, the church at Gimmerton degrades, and religion is abandoned as Cathy and Heathcliff find their separate heaven. This is on the Moors, where they are found at the end of the novel walking together " 'They's Heathcliff and a woman, yonder, under t'Nab,' he blubbered, 'un' Aw darnut pass'em."

A main feature within the novel is Cathy's old bedroom, which Lockwood sleeps in. This is where he meets Cathy's ghost, but the point is that it is a room from essaybank.co.uk within a room, so boundaries within boundaries with a window, symbolising the barrier between the outside and inside "I fastened my door…The whole furniture consisted of a chair, a clothes-press, and a large oak case…It formed a little closet, and the ledge of a window, which it enclosed, served as a table. I slid back the panelled sides, got in with my light, pulled them together again, and felt secure against the vigilance of Heathcliff, and every one else." This is like a coffin, in its wooden structure, and is in fact the place of Heathcliff's death "Having succeeded in obtaining entrance with another key, I ran to unclose the panels, for the chamber was vacant quickly pushing them aside, I peeped in. Mr Heathcliff was there laid on his back. His eyes met mine so keen, and fierce, I started; and then he seemed to smile. I could not think him dead but his face and throat were washed with rain; the bed clothes dripped, and he was perfectly still." The open window shows the open gateway to Heathcliff and Cathy's heaven, he dies and is now able to join Cathy in their heaven. Cathy has been seen outside the window, when Lockwood has his dream "Stretching an arm out to seize the importunate branch instead of which, my fingers closed on the fingers of a little, ice-cold hand… 'Catherine Linton' it replied." Heathcliff was, at this stage, separated from her through life and death, but now he is able to pass through these states into his happiness in heaven.

Life and death is also crossed in the graveyard at Gimmerton, when Heathcliff disturbs Catherine's grave, and encounters her spirit. However, while both were alive, they seemed to believe that they were connected together, through the fusion of their live souls "He's more myself than I am. Whatever our souls are made of his and mine are the same, and Linton's is as different as a moonbeam from lightening, or frost from fire."

Occasionally, the boundaries are crossed to form new happenings Cathy goes outside the walls of Thrushcross Grange and is taken off to Wuthering Heights, Heathcliff and Catherine are joined together on a number of occasions and even the outdoors manages to intrude indoors, at the stormy Wuthering Heights "There was a violent wind, as well as thunder, and either one or the other split a tree off at the corner of the building; a huge bough fell across the roof, and knocked down a portion of the east chimney-stack, sending a clatter of stones and soot into the kitchen fire." This is also the case, when Cathy opens the window, which separates her from her beloved moors, and the ice-cold wind rushes in "And sliding from the bed before I could hinder her, she crossed the room, walking very uncertainly, threw it back, and bent out, careless of the frosty air that cut above her shoulders as keen as a knife." This can be linked to the dream, in which the glass cuts her wrists with the icy wind swirling round outside Wuthering Heights.

Apart from Heathcliff, the main characters are made up of Lintons and Earnshaws, who have completely different characteristics, which are polar opposites. These can be seen through the younger generations as the two families merge, and different characters inherit certain characteristics from each side. Catherine says to Edgar "Your cold blood cannot be worked into a fever your veins are full of ice-water but mine are boiling, and the sight of such chillness makes them dance." Catherine is an Earnshaw and Edgar is a Linton and these two families are completely different, in both inner characteristics and what can be seen on the outside. The Lintons are fair, with blood hair and blue eyes, often seeming very weak, while the Earnshaws have dark hair and eyes. Heathcliff is completely different again, as although he also has dark hair, he has black "devilish" eyes and has dark skin "He is a dark-skinned gypsy…I distinguished a tall man dressed in dark clothes, with a dark face and hair…A ray fell on his features; the cheeks were sallow, and half-covered with black whiskers; the brows lowering, the eyes deep set and singular." Isabella is a Linton and is described as "I never feel the hurt at the brightness of Isabella's yellow hair, and the whiteness of her skin; at her dainty elegance." Linton is Linton completely through and seems to be the weakest character in the novel, as he is very frail and in the end dies young "A pale, delicate, effeminate boy, who might have been taken for my master's younger brother, so strong was the resemblance, but there was a sickly peevishness in his aspect, that Edgar Linton never had…He put his fingers to his eyes to remove incipient tears…surveying with regret the white complexion, and slim frame of my companion, and his large languid eyes." Hareton seems to be more like Heathcliff, who has brought him rather than the Earnshaws, who are his family, although this reference compares him to Catherine "By the fire, stood a ruffianly child, strong in limb, and dirty in garb, with a look of Catherine in his eyes, and about his mouth. These younger generations have crossed the boundaries, due to the fact that the two families have mixed and so now, some characters have mainly characteristics from one family while other characters take characteristics from the other.

Two other polar oppositions are movement and stillness, often reflected in nature, but also mainly in the characters, especially in the married couple of Catherine and Linton, who are so completely different that the relationship seems absurd. Catherine's mother says "I wish I were out of doors I wish I were a girl again, half savage and hardy, free." This is what the young Catherine is like and when she and Linton describe their dreams, they are so different, it seems hard to believe that Catherine really has any feelings for Linton "One time, however, we were near quarrelling. He said the pleasantest manner of spending a hot July day was lying from morning till evening on a bank of heath in the middle of the moors, with bees humming dreamily about the bloom, and the larks singing high up over the head, and the blue sky, and bright sun shining steadily and cloudlessly…mine was rocking in a rustling green tree, with a west wind blowing, and bright, white clouds flitting rapidly above; and not only larks, but throstles, and blackbirds, and linnets, and cuckoos pouring out music on every side, and the moors seen at a distance, broken into cool dusky dells; but close by great swells of long grass undulating in waves to the breeze; and woods and sounding water, and the whole world awake and wild with joy. He wanted all to lie in an ecstasy of peace; I wanted all to sparkle, and dance in a glorious jubilee." This final sentence really displays the incompatibility of the couple and how absurd the relationship seems, due to their differences.

The differences between stillness and movement are often shown in the weather, often in the form of a storm in Wuthering Heights and the calm at Thrushcross Grange, although this changes as the novel progresses. However, the stillness at Heathcliff's death can be compared to his extreme violence at times during his life "I could not think him dead but his face and throat were washed with rain; the bed-clothes dripped, and he was perfectly still." This contrasts completely with his violent temper "He shall have his share of my hand…Wait till I get hold of those elegant locks see I won't pull them a bit longer…He raised his missile to hurt her… 'Cathy, this lamb of yours threatens like a bull!'… 'It is in danger of splitting its skull against my knuckles.' "

Wuthering Heights is a novel, completely full of liminal imagery and polar oppositions. They appear everywhere, as even two small things can be considered as two polar opposites, while any boundary is a form of liminal imagery, and Emily Bronte uses these to form a certain atmosphere and style, which is completely different. These imageries can be found on almost every page in this novel, as the story is all about the separations within two families and their struggle to encounter and overcome the outside, this being Heathcliff and the storm surrounding Wuthering Heights.

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The distinction between appeal and review, which English administrative law has traditionally embraced, reflects the proper balance between judicial control and executive autonomy. However, the Human Rights Act 18 fundamentally changes the nature of the relationship between the judiciary and the administration. Discuss.

In examining this statement, let us first consider the true nature of the distinction between appeal and review. One such distinction was illustrated in the case of Quigly v Chief Land Registrar (1), whereby Lord Hoffmann LJ remarked that; A right of appeal to the court is entirely a creature of statute. So it follows that there must be a specific statutory provision before an appeal to a court against the decision of a public authority is allowed. This is not so for judicial review, which can be described as, ...the exercise of an ancient and inherent supervisory jurisdiction…by which excess or abuse of public power may be restrained or remedied (Turpin, British Government and the Constitution, pg. 575).

A further and perhaps more fundamental distinction was emphasised by Lord Green MR in Associated Picture Houses Ltd v Wednesbury Corporation (148), where he stated that judicial review, is not an appellate authority to override the decision of the local authority but rather is concerned with whether the local authority have contravened the law by acting in excess of the powers which Parliament has confided in them.

So, through the process of judicial review, the courts must concern themselves not with the merits of the particular decision, simply whether it is lawful; a decision may be wrong or unfair in the eyes of the judge, but it will still stand if it is deemed to be lawful. It is when the judge deems a decision wrong and substitutes his own opinion that it becomes an appeal. For the judge to do so within the judicial review process would be to undermine the doctrine of the separation of powers and would be entirely unacceptable in a modern democratic society. Instead, it is for the courts to uphold democracy by ensuring that Ministers are acting lawfully, i.e. within the scope of the powers entrusted to them by Parliament. In a nutshell appeal is about merits, review is about process.

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But is this really the case? Do the courts really respect the rigid restrictions imposed upon their jurisdiction with regards judicial review? It is true to say that the courts have always been more concerned about the decision-making process than the actual outcome or its implications. This policy was embodied by the Wednesbury reasonableness test, formulated by Lord Green MR and providing that a court may only set aside the conclusion reached by a decision-maker if the decision is so unreasonable that no reasonable authority could have come to it. In the more recent GCHQ case, Lord Diplock ruled that a decision may be irrational and hence unlawful only if it is so outrageous in its defiance of logic that no sensible person who had applied his mind to the question could have arrived at it. The underlying notion behind both of these rulings is that the courts should disapprove of the substantive content of decisions only in extreme circumstances. Whilst this still allows some substantive analysis of the decisions, it only allows exclusion of exceptionally outrageous ones, leaving full discretion to the administrative authority below this high standard. More importantly, the judges do not substitute the authoritys decision for one of their own. This is- arguably- as it should be, respecting the discretion of democratically elected decision-makers and those with the specialist knowledge to best enable them to make the decision.

However, since Wednesbury, there has been a gradual shift in the courts attitude towards judicial review. One such explanation for this is the influence of our European counterparts. The European Convention on Human Rights, which came into force in 15, declares certain human rights and freedoms, which are or should be protected by the law in each state. It provides political and judicial procedures by which alleged infringements of these rights may be examined at an international level. The Convention had a deep influence upon the English courts, and the delicate balance that had been attained between judges and decision-makers. In R v Secretary of State for the Home Department ex p. Bugdaycay (187), the right to life was recognised as meriting the most anxious scrutiny of an administrative decision. In R v Secretary of the State for the Home Department ex p. Leech (no. ) (14), the Court of Appeal struck down a Prison Rule made under a broad discretionary power permitting the Home Secretary to regulate and manage prisons. The particular rule allowed the prison governor to censor correspondence between the prisoner and his solicitor. Lord Steyn held that this deprived the prisoner his constitutional right of access to justice, and that such a right could only be interfered with where there was a pressing need, and even then the intrusion should be the minimum necessary.

It is clear that these decisions were made with regard to the ECHR and the fundamental rights that it embodies. It is also clear that the courts took a different approach to the previously accepted one when these rights were at stake, performing a more anxious scrutiny of the decision and not simply determining whether the decision was Wednesbury unreasonable. The test appears to have moved towards more of a proportionality test, as endorsed by the European Court of Justice, which inevitably means that the courts have taken a more substantive approach.

Yet, European influence cannot entirely be held responsible for the courts changing attitude to judicial review. The introduction of the Race Relations Act 176 and the subsequent Race Relations (Amendment) Act 00 placed upon public authorities a duty to conduct their affairs with due regard to the need to eliminate unlawful racial discrimination and to promote equality of opportunity and good relations between persons of different racial groups. Therefore, when reviewing the decisions of these authorities, a court may decide that a decision is not Wednesbury unreasonable, but nonetheless does not comply with the terms of the 000 Act and is therefore unlawful; the Wednesbury standard inevitably being lowered to accommodate such a decision.

So, it is shown that contrary to the question statement, without the aid of the Human Rights Act 18 our courts have begun to shift the boundaries of judicial review by explicitly endorsing a higher order of rights inherent in our constitutional democracy. Where there is a breach of a constitutional right, the court will scrutinise the justification for the breach more intensely than the Wednesbury test permits. As Lord Bingham MR stated in R v Ministry of Defence ex p. Smith (16), the more substantial the interference with human rights, the more the court will require by way of justification before it is satisfied that the decision is reasonable…in the sense that it is beyond the range of responses open to a reasonable decision-maker

A wider test than the Wednesbury test was also used in the case of R v North and East Devon Health Authority ex p. Coughlan (000). This case involved four chronically ill patients who were promised a home for life in a special nursing home by the local health authority. The authority later reneged on that assurance and the Court of Appeal held the authoritys actions unlawful, thus upholding the doctrine of substantive legitimate expectations. The court decided that the frustration of the substantive expectation was so unfair as to amount to an abuse of power, the test being whether there is a sufficient overriding interest to justify a departure from what had previously been promised. Surprisingly, the Court ruled that this is not a matter to be decided on the basis of the rationality or the Wednesbury test, but is a question for the court.

One of the justifications that the Court used for this approach, which arguably puts the judges in the position of policy-makers, was that the authoritys conduct was in breach of Section 8 () of the Human Rights Act (Everyone has the right to respect for…his home…). So even in advance of the implementation of the Human Rights act, the court was willing to both lower the Wednesbury reserve, and to collapse the decision-makers discretionary area of judgement and leave it to the courts to determine whether the violation of the right was justified.

When the Human Rights Act 18 was implemented in October 000, the ground was already prepared for a more intensive method of review and the courts had already become accustomed to using proportionality as the standard. The Human Rights act merely cemented its use in preference to the Wednesbury test, as was conclusively determined in Lustig-Prean v UK (1). Prior to this, the case of R v Ministry of Defence ex p. Smith (16) showed an incorporation of the Wednesbury test into the proportionality process in order to achieve a result compatible with the need to recognise and protect human rights whilst keeping ministerial autonomy intact. Sir Thomas Bingham MR in the Court of Appeal said that, The court may not interfere with the exercise of administrative discretion on substantive grounds save where the court is satisfied that the decision is unreasonable in the sense that it is beyond the range of responses open to a reasonable decision-maker. But …the more substantial the interference with human rights, the more the court will require by way of justification before it is satisfied that the decision is reasonable.

Applying this test, the Court of appeal held that the discharge of the claimants from the army on the sole grounds of their homosexuality was not unlawful. However, when the claimants took their case to Strasbourg, the European Court of Human Rights held that the United Kingdom had unlawfully interfered with their private lives, contrary to Article 8 of the Convention. The scrutiny that the decision was subjected to by the British courts was held to be insufficient; although the initial stages of the process (balancing the rights with the reasons for derogating from them) were almost identical in both courts, the British courts went on to apply the Wednesbury test, whilst the European Court went on to ask whether the UK governments policy was necessary in a democratic society. So this was an unequivocal direction that, insofar as human rights are concerned, Wednesbury scrutiny will not suffice.

Does this, however, mean that the margins between appeal and review have been irrecoverably erased? According to Jowell (Beyond the Rule of Law Towards Constitutional Judicial Review CLJ 000 67) to equate proportionality with a means test is both too simple and wrong. Proportionality involves a sophisticated four-stage process, determining firstly whether the action pursued a legitimate aim; secondly whether the means employed were suitable to achieve that aim; thirdly whether the aim could have been achieved by a less restrictive alternative and, finally, whether the derogation was justified overall in the interests of a democratic society. So a weighing-up is made of the rights that have been derogated and the reasons of the derogation, the derogation only being allowed if there were no less restrictive means by which the decision-maker could have achieved his aim. The emphasis here is on judicial identification of disproportionate avenues of administrative action, rather than judicial dictation of a single proportionate response; judges are limiting the responses open to the decision-maker, but not, as is the case in appeal, substituting their own right response.

This was illustrated in the case of R (Daly) v Secretary of State for the Home Department (001). The claimant successfully contended that the policy of excluding prisoners from their cells whilst conducting searches was unlawful to the extent that it precluded prisoners presence during the examination of legal correspondence. The case was explicitly decided by reference to the principle of proportionality. Lord Bingham began by determining that the policy infringed the claimants right to legal professional privilege then observed that the policy was prima facie justified by the competing public interest in prison security, since legal correspondence may be a hiding place for illicit material. Rather than asking whether this was reasonable in the Wednesbury sense, Lord Bingham said it was necessary to ask whether…the policy can be justified as a necessary and proper response to the acknowledged need to maintain security, order and discipline. It was held that although it was possible to exclude prisoners who posed a particular security risk, the blanket exclusion policy constituted a disproportionate infringement of the relevant right.

In this case, Lord Steyn commented that, there is an overlap between the traditional grounds of review and the approach of proportionality…But the intensity of review is somewhat greater under the proportionality approach. He went on to explain that proportionality is about the courts balancing the constituent elements of the decision, as opposed to simply determining whether it is unreasonable or not. The point was emphasised that, the proportionality test may go further than the traditional grounds of review inasmuch as it may require attention to be directed to the relevant weight accorded to interests and considerations. However, their Lordships were at pains to emphasise that the proportionality doctrine and the appeal-review distinction can co-exist. According to Lord Steyn, applying proportionality in human rights cases does not mean that there has been a shift to merits review…the respective roles of judges and administrators are fundamentally distinct and will remain so.

This would appear to be correct, despite the misgivings of Lord Ackner in R v Home secretary ex p. Brind (11), who claimed that, The European test of whether the interference complained of corresponds to a pressing social need must ultimately result in the question Is the particular decision acceptable? and this must involve a review of the merits of the decision. With respect, this has proven to be a fallacy. Whilst the more intensive scrutiny of a proportionality test inevitably involves a more substantive approach, taking into consideration the acceptability of the decision in a democratic context as opposed to simply terming it unreasonable, the judges are not substituting their own opinion and so it is not a merits-based appeal. Whilst substantially limiting the options available to the decision maker may give the same effect as the judges inserting their own opinion, scaling down options is nonetheless fundamentally different from imposing a single response.

Not only has the proportionality method ensured the protection of fundamental human rights, it has opened up the review process, clarifying the underlying reasons for decisions and ensuring that both court rulings and ministerial decisions are considered and obtained systematically. As well as this, the separation of powers doctrine remains intact because ultimately it is the minister and not the court that makes the final decision, only with regard to the ever-important human rights context. As Lord Steyn rightly stated, In law, context is everything.

The nature of the relationship between the judiciary and the administration has undergone a change, with the courts effecting a more anxious scrutiny of executive decisions. Yet this change did not owe in its entirety to the introduction of the Human Rights Act 18, and as we have seen, came about long before this Acts contemplation. Any change that has occurred is surely a positive step in the active protection of rights, whilst executive autonomy, so fundamental to our constitution has though the considered proportionality process, remained intact.

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"We must, however, acknowledge, as it seems to me that man with all his noble qualities … still bears in his bodily frame the indelible stamp of his lowly origin."

- Charles Darwin, The Descent of Man (1871).

The origin of human life on Earth continues to remain a partially solved mystery that has yet to be completely understood. Historically, it was thought that an all powerful God possessed the ability to create matter at will and thus molded the universe, including Earth and all its inhabitants. This creationism theory not only formed the basis for many religions, but was also trusted and accepted without any true supporting evidence for centuries. It was not until the Scientific Revolution in the mid 16th century when the authority of the church was truly challenged. People became scientists; thought processes changed and people began to acknowledge the sensory and empirical evidence that lay before them. Perhaps the most acknowledged event since the beginning of the revolution was the publication of the book On the Origin of Species by Means of Natural Selection by Charles Darwin in 185. Based upon scientific evidence, Darwin's theory, which argued that species were not created in their present form but had evolved from an ancestral species through natural selection, was a complete antagonist to the teachings of the church (Campbell et al. 1). Since then, this evolutionary theory has exploded and continual research in this field strives to determine the original origin of life on Earth. Panspermia is one such suggestion that has recently gained support from these extensive investigations.

Panspermia encompasses the idea that life did not originate from Earth itself but was "seeded" onto the planet through cosmic elements or by other intelligent life (Gribbin 1). It suggests that the appearance of then foreign organic compounds, amino acids or even generic material initiated the development of life on ancient Earth (Raulin-Cerceau et al. 18, "Panspermia 000" 1). In contrast, the theory of an Earth based formation for life contains many little intricacies, problems and uncertainties that make this theory much more complex when compared to panspermia. Thus, application of Occams Razor, which states that in the case of two theories with similar predictions, the simpler one is more plausible, favours externally assisted panspermia over an internal formation of life on Terra by itself. Regardless, the theory behind panspermia has been supposed by many and has included acknowledged scientists such as William Thomson [Lord Kelvin], Svante Arrhenius and Francis Crick. (Hoyle and Wickramasighe 1, Gribbin 1, "Panspermia 000" 1).

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Anaxagoras, a Greek philosopher who lived in the 5th century BC, can be credited as the first person to present the idea of panspermia "the seeds of plant and animal life are inherent in the cosmos, and they take root whenever the conditions become favourable." (Hoyle and Wickramasinghe 1). However, this novel idea did not hold well in an Aristotelian society that believed in the concept of spontaneous generation; life can be created from non-living matter. ("Panspermia 000" 1). It was not until the invention of the microscope and Louis Pasteur's experiments in the mid 1th century that provided clear scientific evidence against spontaneous generation. Through his investigations on the souring of milk and the fermentation of wine, Pasteur demonstrated that life must have been derived from another pre-existing form of life, and concluded that life, indeed, was not a spontaneous process ("Panspermia 000" 1). This opened the door for many new interpretations of panspermia and in 1865, the German physician Hermann E. Richter proposed an extraterrestrial sowing of the Earth. He put forward a theory that life developed at a foreign location, migrated to and implanted the Earth. William Thomson (Lord Kelvin), in 1871, noted that the environment in the interior of meteorites were drastically different from what was experienced on the surface ("Panspermia 000" 1). He then furthered Richter's theory by suggesting that organisms could be contained within meteorites which fell onto the Earth (Raulin-Cerceau et al. 18). Further support for panspermia arose in 107 when the Swedish chemist Svante Arrhenius suggested it was possible that Earth was seeded by "germs" that originated from outside our solar system (Raulin-Cerceau et al. 18). He observed that microorganisms contained "unearthly properties" that were nearly impossible to explain through a natural selective method on Earth ("Panspermia 000" 1). He postulated that microscopic forms of life could have been ejected from a foreign planet, carried and dispersed by the radioactive pressures of a star through space and "seed" itself onto an alien planet (Horneck et al. 001). These theories are now known as lithopanspermia and radiopanspermia respectively (Raulin-Cerceau et al. 18).

The concept of radiopanspermia came under fire in 14 when French agronomist Paul Becquerel conducted several studies on the effects of ultraviolet damage on spores and bacteria at low temperatures and in a vacuum, as he intended to duplicate the conditions that these possible microorganisms would experience in their travel through outer space (Raulin-Cerceau et al. 18, "Panspermia 000" 1). The results completely disagreed with what Arrhenius had proposed. The microorganisms did not survive the experimental conditions and thus Becquerel concluded that this type of travel was not possible between the stars; the interplanetary medium was found to be completely sterilizing (Raulin-Cerceau et al. 18). It has since been discovered that UV radiation at approximately 1 a.u. [5 W/m] destroys unprotected bacteria within minutes. Horneck et al. (001) further demonstrated that exposure to UV radiation (solar photons with 160 nm 0 nm) resulted in the production of photoproducts in microbial DNA. In addition, they confirmed that combinational action of solar UV and the space vacuum was more detrimental than either factor alone (Horneck et al. 001). Thus, this illustrated the necessity for adequate shielding of the microbes, a carbonaceous coating of a few microns thick is required, for interplanetary travel (Horneck et al. 001, Mastrapa et al. 001). Furthermore, scientific advances since the 10s have also established that UV light exposure may not necessarily kill microorganisms, but rather, inactivate them through a protection mechanism that can safeguard their genetic material. Once the radiation has been removed, these microorganisms can fully reactivate themselves ("Panspermia 000" 1). This may yet provide to be another strategy for interplanetary travel of microorganisms that are not in a completely UV shielded environment. Deinococcus radiodurans and Bacillus subtilis are two such types of bacteria that proven to be resistant to UV radiation and are currently used as experimental organisms to simulated space environments. Nonetheless, the experiments that resulted from Becquerel's work in the early 10s have verified the need for UV protection while traveling in space, in a meteorite or comet for example, and therefore lead to an overall favouring of the lithopanspermia theory. While this is true, much of Arrhenius's theory regarding panspermia is still under consideration.Examination of Earth's geological record has shown the presence of fossilized microorganisms which dated back to .8 billion years ago, with clear evidence of photosynthetic life found within the Isua sediments (Sorrell 17, Hoyle and Wickramasinghe 1). It was likely that after planetary formation, the surface of the Earth underwent intense meteoritic bombardment for the first 600 to 700 million years based on the impact cratering records found on both moon and Earth (Hoyle and Wickramasinghe 1). Thus, it was possible that contained within these bombarding elements was foreign organic material necessary to "seed" life on Earth. Comets and meteorite impacts remain one of the most predominant vehicles suspected of hosting microorganisms.

Hoyle and Wickramasinghe (1) noted the atomic similarity between that of a comet and the composition of living material. Furthermore, they observed the presence of organic matter, a liquid water interior, and a shell of ice which would not only provide a nominal cultural medium for microbial growth, especially for autotrophic anaerobic bacteria, but could also provide a preservation mechanism for its inhabitants via its frozen condition. In addition, it has been discovered from observing Halley's Comet in 186 that comets do eject organic particles at a rate of a million, or more, tons per day. An infrared emission spectrum from the ejected dust revealed to match those of bacteria and mass spectrometry analysis also determined a complex organic composition from the ejected dust ("Panspermia 000" 1). This phenomenon has also been confirmed in both the Hyakutake Comet and the Hale-Bopp Comet. Thus, it was possible that comets which passed through the inner regions of our solar system billion of years ago may have released organic material which contributed to the development of life on Earth.

Similarly, it was also possible for a comet to collide with Earth and thus lead to the expulsion of any contained microorganisms. However, any contained life form must exceptionally resilient to extreme conditions. Mastrapa et al. (001) identified that meteorically based organisms that landed on the Earth must not only have the ability to not only endure the UV radiation and vacuum of space, but also extreme and sudden changes in acceleration, also known as jerk, shock pressure and heating during atmospheric entry and impact with the planetary surface. Assuming the survival of these organisms, the result would be their massive release as it has been estimated that a single comet/meteorite contains at least a few billion microorganisms ("Panspermia 000" 1). One such example of a meteorite impacting the Earth is the Martian Meteorite ALH84001 discovered in the Allan Hills of Antarctica in 16. This 1. kg meteorite was thought to have originated from the surface of Mars that was released from an asteroid or comet impact 15 million years. Analysis of the meteorite revealed the presence of .6 billion year old carbonate globules and an abundance of polycyclic aromatic hydrocarbons, which can be interpreted as the presence of fossilized Martian bacteria (Raulin-Cerceau et al. 18, "Panspermia 000" 1). Perhaps the most compelling evidence was the presence of elongated structure extremely similar to some nanobacteria found on Earth associated with crystalline magnetite which form only through biological processes ("Panspermia 000" 1). Studies conducted on the alignment of the magnetic minerals also revealed that the temperature of the meteorite did not exceed 40°C after its departure from the Martian surface (Mastrapa et al. 001). This suggested that any microorganisms contained within the meteorite may not have experienced an extreme change in temperature during its transfer from Mars to Earth and thus may have contributed to the viability of any contained microbes. Based on this information, it is possible that other meteoritic impacts may have contained organic material, survived atmospheric entry and released their contents upon impact with the planetary surface. This type of release would undoubtedly contribute to the "seeding" of the Earth.

An alternative possibility behind lithopanspermia involves the transportation or creation of organic molecules to the Earth rather than the delivery of microorganisms. Sorrel (17) suggested that comets or asteroids that struck the Earth's surface during the "bombardment" era may have either directly synthesized or deposited complex organic molecules upon impact. It is known that complex organic molecules can be synthesized in outer space through abiotic reactions and the compounds acetic acid, glycine, ethyl cyanide and acetone have been identified in the Sagittarious B cloud (Sorell 17, Campbell et al. 1). It has also been suggested that any unshielded microorganisms exposed to UV radiation will first become inactivated, followed by subsequent degradation in the vacuum of space to liberate free organic molecules or polymers ("Panspermia 000" 1). It was suggested that these molecules were incorporated into meteorites or comets which, when impacted with the Earth, "seeded" the planetary surface with organic molecules. Furthermore, it was demonstrated that, when mixed with water, these organic molecules from the meteorite were able to form vesicles (Campbell et al. 1). It is possible that these [then] alien organic molecules interacted with the natural Terran ones to contribute to the development of life on Earth.

Finally, there is the prospect that higher ordered alien life forms came to Earth and, more or less, implanted "us" here on this planet. However, there is no real scientific background or equivocal proof behind this claim since we have not encountered any authentic extraterrestrials outside of the movie theater. In fact, this statement raises more questions as opposed to answering them "Who came here? When did they come? Why did they Come? Etc…" Yet, this theory cannot be ruled out simply on this basis. The universe is extraordinarily large and it is more than likely that other forms of intelligent life, besides humans, inhabit it. If this is true, then a similar origin of life question arises are they panspermic as well?

With these advances in the theory of panspermia, the notion of Earth being "seeded" by alien molecules or microorganisms billions of years ago does not seem as impossible as it once thought to be. More specifically, the lithopanspermia theory is currently favoured due to the supporting physical and chemical evidence for such an event[s] to occur. It is possible that the modes of lithopanspermia presented in this paper do not act independently and that is it was perhaps the conjugated effects that has given rise to the large phylogenetic diversity witnessed on the Earth today. Nonetheless, the panspermia theory has gained support from many well respected scientists over the centuries but has also sparked the interest, and imagination, of many others. The birth of SETI, NASA and the IAU [International Astronomical Union] within the past century has not only been true testament to the field of astronomy and the search for extraterrestrial life but has also given the human race a standpoint of the known universe that can be used to gain a perspective of ourselves as a race. We will continue searching not only the cosmos for new stars, planets and life but also internally, to analyze our current and past forms to grasp a certain understanding about ourselves and the environment around us. We must also recognize that panspermia is not confined to our home planet but has, will or is currently occurring across the universe. Furthermore, that this theory is spontaneous and continuous as one of the main principles behind panspermia, and all its branches, is the concept of life originating from other life. Thus, it is perfectly plausible that the arrival of extraterrestrial microorganisms several billion years ago may have indeed been the "indelible stamp of his [man's] lowly origin" on Earth.

Works Cited

Campbell, Neil A., Reece, Jane B. and Mitchell G. Lawrence. 1. Biology (5th Ed). Menlo ParkBenjamin/Cummings.

Gribbin, John. 1. Panspermia Revisited. 1-. http//xxx.lanl.gov/abs/astro-ph/001

Horneck, Gerda, Rettberg, Petra, Gther, Reitz, J-rg, Wehner, Eschweiler, Ute, Strauch, Karsten, Panitz, Corinna, Starke, Verena and Christa Baumstark-Kahn. 001. Protection of Bacterial Sports in Space, a Contribution to the Discussion on Panspermia. Origins of Life and Evolution of the Biosphere. 1 57-547.

Hoyle, F. and N.C. Wickramasinghe. 1. Comets A Vehicle for Panspermia. Astrophysics and Space Science. 68 -41

Mastrapa, R.M.E., Glanzberg, H., Head, J.N., Melosh, H.J. and W.L. Nicholson. 001. Survival of Bacteria Exposed to Extreme Acceleration Implications for Panspermia. Earth and Planetary Science Letters. 187 1-8.

Panspermia 000. 1. Astrophysics and Space Science. 68 1-17.

Raulin-Cerceau, Florence., Maurel, Marie-Christine and Jean Scheider. 18. From Panspermia to Bioastronomy, The Evolution of The Hypothesis Of Universal Life. Origins of Life and Evolution of the Biosphere. 8 57-61.

Sorrell, Wilfred H. 17. Interstellar Grains as Amino Acid Factories and The Origin of Life. Astrophysics and Space Science. 54 7-41

Wickramasinghe, N.C., Wainwright, M., Narlikar, J.V., Rajaratnam, P., Harris, M.J. and D. Lloyd. 00. Progress Towards the Vindication of Panspermia. Astrophysics and Space Science. 8 40-41.

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