Eastern Coral Snake Facts

The eastern coral snake (Micrurus fulvius) is a highly venomous snake found in the southeastern United States. Eastern coral snakes are brightly colored with rings of red, black, and yellow scales. Folk rhymes to remember the difference between the coral snake and the nonvenomous king snake (Lampropeltis  sp.) include red on yellow kills a fellow, red on black venom lack and red touching black, friend of Jack; red touching yellow, youre a dead fellow. However, these mnemonics are unreliable because of differences between individual snakes and because other species of coral snakes do have adjoining red and black bands. Fast Facts: Eastern Coral Snake Scientific Name: Micrurus fulviusCommon Names: Eastern coral snake, common coral snake, American cobra, harlequin coral snake, thunder-and-lightning snakeBasic Animal Group: ReptileSize: 18-30 inchesLifespan: 7 yearsDiet: CarnivoreHabitat: Southeastern United StatesPopulation: 100,000Conservation Status: Least Concern Description Coral snakes are related to cobras, sea snakes, and mambas (family Elapidae). Like these snakes, they have round pupils and lack heat-sensing pits. Coral snakes have small, fixed fangs. The eastern coral snake is medium-sized and slender, generally ranging between 18 and 30 inches in length. The longest reported specimen was 48 inches. Mature females are longer than males, but males have longer tails. The snakes have smooth dorsal scales in a colored ring pattern of wide red and black rings separated by narrow yellow rings. Eastern coral snakes always have black heads. The narrow heads are nearly indistinguishable from the tails. Habitat and Distribution The eastern coral snake lives in the United States from coastal North Carolina to the tip of Florida and west into eastern Louisiana. The snakes prefer the coastal plains, but also inhabit wooded areas further inland that are subject to seasonal flooding. A few snakes have been documented as far north as Kentucky. Also, there is controversy regarding whether the Texas coral snake (which extends into Mexico) is the same species as the eastern coral snake. Coral snake species and range in the United States. HowardMorland, public domain Diet and Behavior Eastern coral snakes are carnivores that prey upon frogs, lizards, and snakes (including other coral snakes). The snakes spend most of their time underground, usually venturing out to hunt in the cooler dawn and dusk hours. When a coral snake is threatened, it elevates and curls the tip of its tail and may fart, releasing gas from its cloaca to startle potential predators. The species is not aggressive. Reproduction and Offspring Because the species is so secretive, relatively little is known about coral snake reproduction. Eastern coral snake females lay between 3 and 12 eggs in June that hatch in September. The young range from 7 to 9 inches at birth and are venomous. The life expectancy of wild coral snakes is unknown, but the animal lives about 7 years in captivity. Conservation Status The IUCN classifies eastern coral snake conservation status as least concern. A 2004 survey estimated the adult population at 100,000 snakes. Researchers believe the population is stable or perhaps slowly declining. Threats include motor vehicles, habitat loss and degradation from residential and commercial development, and issues with invasive species. For example, coral snake numbers declined in Alabama when the fire ant was introduced and preyed upon eggs and young snakes. Venom and Bites The Mexican kingsnake is a nonvenomous snake that resembles the eastern coral snake. Paul Starosta, Getty Images Coral snake venom is a potent neurotoxin. A single snake has enough venom to kill five adults, but the snake cannot deliver all of its venom at once plus envenomation only occurs in about 40% of bites. Even then, bites and fatalities are extremely rare. The most common cause of snakebite comes from mistaking a coral snake for a similarly-colored nonvenomous snake. Only one death has been reported since the antivenin became available in the 1960s (in 2006, confirmed in 2009). Since then, coral snake antivenin production has been discontinued due to lack of profitability. An eastern coral snake bite may be painless. Symptoms develop between 2 and 13 hours after the bite and include progressive weakness, facial nerve palsy, and respiratory failure. Since antivenin is no longer available, treatment consists of respiratory support, wound care, and antibiotic administration to prevent infection. Pets are more likely than humans to get bitten by coral snakes. They often survive if given prompt veterinary care. Sources Campbell, Jonathan A.; Lamar, William W. The Venomous Reptiles of the Western Hemisphere. Ithaca and London: Comstock Publishing Associates (2004). ISBN 0-8014-4141-2.Davidson, Terence M. and Jessica Eisner. United States Coral Snakes. Wilderness and Environmental Medicine, 1,38-45 (1996).Derene, Glenn. Why Snakebites Are About to Get a Lot More Deadly. Popular Mechanics (May 10, 2010).Hammerson, G.A. Micrurus fulvius. The IUCN Red List of Threatened Species 2007: e.T64025A12737582. doi:10.2305/IUCN.UK.2007.RLTS.T64025A12737582.enNorris, Robert L.; Pfalzgraf, Robert R.; Laing, Gavin. Death following coral snake bite in the United States – First documented case (with ELISA confirmation of envenomation) in over 40 years. Toxicon. 53 (6): 693–697 (March 2009). doi:10.1016/j.toxicon.2009.01.032

Social Learning Theory and Its Application to Aggression...

Social learning theory proposes that social learning occurs when the individual views a modeled behavior that they value, observes an act if the model has a role model or admired status, and when a person imitates a learned behavior (Bandura, Ribes-Inesta, 1976). The basic foundations of the theory are applied to education policies, understanding psychological disorders, training courses, behavioral modeling, in the media and has a plethora of further applications in today’s society. Another application of the theory is for criminals, violence and aggression. Whether referring to violence in the media, domestic violence, community violence, bullying and others, aggression and violent behaviors can by dissected and expounded using social†¦show more content†¦This experiment was very controversial as Bandura sought to prove that aggression was learned through imitation of others. Children between the ages of three and six were brought in to a room with an adult in one corner and the child in the other. The child’s side contained fun activities while the adult’s side contained a toy set, a mallet and a Bobo doll. The child was told that the toys in the adult corner were only for the adults. In three different groups, children were either subjected to an aggressive adult that would punch and kick the Bobo doll, a non-aggressive adult that would play with the small toys and ignored the Bobo doll and another group where no adult was present. After the ten minute session the child was brought into another room with many toys and after only two minutes, the child is told that they are no longer allowed to play with those toys. The frustrated children were then brought back into the first room, where the experiment sought to measure the physical and verbal aggression, the amount of times the mallet was used as other forms of aggression and other forms of aggression that did not show imitation of the original adult. The experiment found th at children exposed to the aggressive adult were more likely to act more aggressively than the others. The study also found that boys were much more likely to be aggressive and that imitation increased when the model was of the same sex (Bandura, Ross, Ross, 1961).Show MoreRelatedAn Explanation Of An Instinct Theory1547 Words   |  7 PagesAggression is defined as the intention to cause physical or psychological harm to oneself, an object, or another, in a form that is not socially sanctioned. Aggression can be further subdivided into types of aggression, for example Predatory Aggression- hunting-, Social Aggression- stalking-, and Defensive Aggression- defence of personal practice. Over time it has been established that there are two umbrella classifications in terms of theories of aggression; Instinct Theories, and Bio-Social TheoriesRead More Social Psychological Theories of Aggression Essay1118 Words   |  5 PagesSocial Psychological Theories of Aggression Social learning theorists propose that behaviour, such as aggression is learnt through observation, imitation and behaviour shaping. This behaviour is learnt automatically through observation of male and female role models, for example parents, peers and media characters. Whether or not this behaviour is imitated depends on the type of reinforcement that the role model receives. Vicarious reinforcement involves the outcomeRead MoreThe Social Learning Environment And Counseling Essay1452 Words   |  6 PagesThe Social Learning Environment and Counseling Learning is a general term, describing numerous processes involved in acquiring information (or knowledge), and skills gain through experience(s) with the environment or the self. Researchers have long placed emphasis on environmental factors, such as societal norms on shaping behavior. As an individual interacts with the environment, patterns of behaviors emerge as a consequence. Therefore the environment of an individual for example can be thoughtRead MoreHow do Differential Association Theories best Demonstrate that Criminal Behaviour is a ‘Learned Behaviour’1007 Words   |  5 PagesDifferential association theory was Sutherland’s major sociological contribution to criminology, similar in importance to strain theory and social control theory. These theories all explain deviance in terms of the individual’s social relationship. Sutherland’s theory make tracks from the pathological perspective and biological perspective by features the cause of cr ime to the social context of individuals. â€Å"He rejected biological determinism and the extreme individualism of psychiatry, as well asRead MoreSocial Learning Theory and Aggression2811 Words   |  12 PagesSocial Learning Theory and Its Application to Aggression Social learning theory proposes that social learning occurs when the individual views a modeled behavior that they value, observes an act if the model has a role model or admired status, and when a person imitates a learned behavior (Bandura, amp; Ribes-Inesta, 1976). The basic foundations of the theory are applied to education policies, understanding psychological disorders, training courses, behavioral modeling, in the media and has a plethoraRead MoreSocial Learning Theory Essay1057 Words   |  5 PagesAlbert Bandura’s Social Learning Theory describes the process through which people acquire new info, forms of behavior, or attitudes from others firsthand or vicariously. The likelihood of a behavior presenting itself will rely on the amount of reinforcement it receives and the value that the individual associates to it. While some behavior may be rewarded, others may produce unfavorable responses. An individual will learn from the consequences of these actions and when a s imilar situation arisesRead MoreRape And Social Development Programs1519 Words   |  7 Pagesthe motive of the act. Merton and Durkeim’s Strain Theory gives some bases in the explanation of this, as pertaining the strain involved in achieving these ideologies (goals). Some initiatives by social programs prevent rape crimes by educating men about the false masculinity portrayed to them and to fight the culture surrounding it. Strain theory, as well as social learning theory, give some explanation to why date rapes are committed and social development programs may be a preventative. SpecificallyRead MoreGender Differences Within Social Development1747 Words   |  7 Pagesgender differences through social development. Depending on a child’s gender, things such as gender identity and social acceptance have a great impact in their development. The first thing parents learned about their children before birth is the sex of the baby. This highlights the importance of s ex and gender. Sex differences have long been a very important topic in psychology and in understanding why gender differences affect social development. Social learning theory helps to explain genderRead MoreAnalysis Of Dollard And Miller s Theory1079 Words   |  5 PagesMiller as a psychologist. They published Social Learning and Imitation and Personality and Psychotherapy through which they introduced their theories regarding personality. Personality and Psychotherapy, in particular, had a significant influence on psychotherapy (RolnickRickles, 2010). Their attempt to integrate both psychoanalytic and behavioral concepts was groundbreaking. Introduction ToThe Theory The most important concept in Dollard and Miller’s theory are habits. They believed that habitsRead MoreThe Social Theory Of Crime Essay1548 Words   |  7 Pagestypes of theories that try explaining why crime continues to occur in everyday society. Although, only one theory in particular throughout my research stood out. This theory is the purpose of this research paper and that theory is the Social Process Theory, also known as the Social learning theory. This theory believes that criminality is a function of a person’s interactions with many organizations, intuitions, and processes in society. Theory The definition of the Social Process Theory is the ongoing

Declaratory Theory Free Essays

string(57) " refer to any existing case law, or any legal principle\." â€Å"Declaratory theory is propounded on the belief that judges’ decisions never make law, rather they only constitute evidence of what the law is. However, this view is no longer accepted. There are three reasons for the persistence of the declaratory theory. We will write a custom essay sample on Declaratory Theory or any similar topic only for you Order Now In the first place, it appealed in the separation of powers. Secondly, it concealed the fact that judge-made law is retrospective in its effect and finally, when the judges confronted with a new, unusual, or different point, they tend to present as if the answer is provided by the common law. One of the most widely-accepted principles of the English legal system is what is known as the ‘declaratory theory’ of judicial decision-making. This principle states that when judges are required to make decisions, they do not create or change the law, they merely ‘declare’ it. That is, a judge says what he or she finds the law to be; no ‘new’ law is ever created by judges. New law comes from Parliament. For example, the Criminal Justice Bill that is currently going through Parliament will make fairly radical changes to the criminal law. It will take away the blanket immunity that currently exists from being prosecuted twice for the same offence. No-one is suggesting that this Bill declares the law: the ancient ‘double-jeopardy’ principle has existed for centuries. When the Bill is enacted, the law will simply change. This article attempts to show, first, that the declaratory theory itself is based on indefensible assumptions of fact. Second, it shows that the theory sometimes leads to bizarre conclusions, which can only be avoided by the most strained reasoning. Finally, it examines why the theory commands so much reverence, when most academics and many judges believe it to be fatally flawed. Why the declaratory theory is factually indefensible The classical exposition of the declaratory theory is that of Lord Esher in Willis v Baddeley (1892): There is, in fact, no such thing as judge-made law, for the judges do not make the law, though they frequently have to apply existing law to circumstances as to which it has not previously been authoritatively laid down that such law is applicable. That judges appear to create and change law is undeniable; cases like Donaghue v Stevenson, Hedley Byrne v Heller, and Wednesbury represent significant developments in the law. In Lord Esher’s view, the judges in these cases would simply be applying existing principles to new fact situations. But where do these existing principles come from? Some of them, no doubt, come from previous case law. When a judge is called on to decide a case, most often a decision can be made by looking at previous cases whose facts are similar to those at issue, and reasoning from them. Very often there will be previous cases that are binding on a particular court, and these will dictate the outcome. But unless we are to accept an infinite regress of case law, back to the very dawn of time, there must be some point in the past at which an issue was first decided. The romantic view is that the earliest judicial decisions were made by the ‘wandering justices’ of the 13th century, who travelled the land at the King’s behest, applying and unifying the existing law of the land. The pragmatic view is that the English common law results from an attempt by the Norman French nobility to apply its standards of law in a conquered country, while giving an illusion of continuity. Whether the legal developments of the medieval period followed from a process of approving established legal custom, or from the imposition of a foreign jurisprudence, neither represent an answer to the question where the foundational principles come from. There are really only two possibilities: either they were, at some point, created by the judges, or they were based on existing ‘universal truths’ that were self-evident to the judges. The declaratory theory repudiates the notion that the judges ‘made things up’, so the only alternative is that they were based on universal truths. The notion that law is based on fundamental, self-evident principles of ethics is often called ‘natural law’ jurisprudence. To be fair, the idea of ‘natural law’ has had a bit of a revival in the last fifty years or so, after being out of favour since the 18th century. The idea that the declaratory theory can be traced back to natural law therefore does not attract the same scepticism today as it would have in the 19th century. The problem with natural law is that even if one is prepared to accept its basic tenet, that there indeed are self-evident principles of ethics, it is by no means obvious that every situation that requires a judicial decision is one in which such fundamentals are at issue. Consider, for example, the well-known case of Entores v Miles Far East Corp (1955). This concerned the formation of a contract by telex machine, in the very early days of this technology. Previously most formal business transactions would have been carried out by post; the ‘postal rule’ was – and still is – that if person A offers to contract with person B, then the contract is formed when B’s letter of acceptance is posted to A. This is the case even if B’s acceptance never even reaches A. When considering the use of telex, the court had to decide whether the same principle could be applied to telex as to post, that is, whether a telexed acceptance was effective on sending, or on receipt. The leading judgement in Entores was given by Denning LJ. In his judgement he does not refer to any existing case law, or any legal principle. You read "Declaratory Theory" in category "Papers" Instead, he says that it is simply reasonable and obvious that a telex must be received to be effective. If the declarative theory is correct, then Denning’s judgement cannot be creating law: it must be declaring what the law is. But since he does not refer to any existing law, it must, presumably, be derived from universal principles. Now, a proponent of natural law may believe it is self-evident that, for example, murder and rape are wrong. But it takes a real leap of faith to believe that there are principles of natural law at stake in deciding when a telexed contract is formed. The reality, of course, is that when Entores was heard, no-one really wanted to see the ‘postal rule’ extended to a new technology. Denning’s judgement is an entirely pragmatic one. It does not require any higher principles to be considered. In summary, the declaratory theory is predicated absolutely on acceptance of a natural law view of jurisprudence, not just for fundamental principles of ethics, but for everything. This, I suggest, is just too much to swallow. Why the declaratory theory produces bizarre results Law students generally know about the ‘retrospectivity of the declaratory theory’; but it doesn’t seem to be well understood that this is not a doctrinal matter, or something that can be argued either way, it is an inevitable conclusion of the declaratory theory. If a judicial decision cannot create new law, then when the judge declares the law, as a matter of plain logic he is declaring what the law always was. In the Entores example discussed above, this does not create a problem. It established that the use of telex had certain legal consequences, but since telex was only just coming into use when this decision was made, the fact that Denning was declaring what the law was is of no consequence. It is purely a matter of academic discussion whether the ‘postal rule’ would have applied to telex in, say, the 15th century. It is, surely, of not practical consequence. Perhaps the first occasion on which the full implications of the declaratory theory had to be confronted squarely by a court was in the case of Kleinwort Benson v Leicester CC. Here, the House of lords had to rule on what should have been, for a court of this standing, a routine matter. The question at issue was whether money was recoverable in a restitution action, if it was paid from one party to another in a mistaken understanding of law. It had always been the case that money paid under of a misunderstanding of fact was recoverable. It was widely believed that the inability to reclaim money paid under a mistake of law was unjust, and incompatible with other legal principles and other jurisdictions. Both parties to the case, and all five of the law lords, were in agreement on this point: it should be possible to recover money paid under a mistake of law. The disagreement was on whether the decision that it was recoverable should apply only to new cases, or to past cases. Kleinwort Benson, a bank, had already paid its money to the defendant local authority. It therefore argued that the decision should operate retrospectively, so it could reclaim its money. The Local Authority, on the other hand, argued that the decision should not have retrospective effect. The problem was that if the issue were decided in favour of the claimant bank, it must have retrospective effect. This is a direct consequence of the declarative theory. After all, if the law at time T1 was X, and it is later changed at time T2 by judicial ‘declaration’ to Y, then the effect of that declaration is to deem that the law at T1 was Y as well. Of course, no-one at time T1 knew this, and so a decision made on the basis that the law was X, not Y, was necessarily mistaken. You may be wondering why this would have such dramatic consequences. Well, a potentially large number of businesses could suddenly find that the they had grounds for litigation arising from things that happened in the distant past, and which they had no way of knowing at the time would be actionable. No-one would wish to see a barrage of ancient, poorly-remembered cases dragged up before the courts in the hope of gain. For technical reasons which I don’t have space to explain here, the Limitations Act would not prevent this. So the Law Lords were faced with a problem. They could decide justly, in favour of the claimant bank, by ruling that it could recover its money, and accept the inevitable problems that the retrospectivity of its decision would bring. Or it could decide against the claimant, and avoid the problems, but at the expense of leaving in place an unjust and criticised rule of law. It was simply not open to the judges to change the unjust law, without the change being retrospective, unless they were prepared to openly attack the declarative theory. It is interesting to see how the various judges attempted to deal with this problem. It should be noted from the outset that all the Law Lords in Kleinwort Benson agreed that, in practice, judicial decisions do change the law, rather than simply declaring it. No-one suggested for a moment that the declaratory theory was actually true. For example, Lord Goff says: It is universally recognised that judicial development of the common law is inevitable. If it had never taken place, the common law would be the same now as it was in the reign of King Henry II†¦ However, there was very little enthusiasm for making an official pronouncement to that effect. We will discuss possible reasons for this later. Lord Browne-Wilkinson proposed a judicial damage-limitation exercise. He suggested that although the declaratory theory should be upheld, it could be prevented from giving rise to actions arising out of past conduct. †¦ retrospection cannot falsify history: if at the date of each payment it was settled law†¦ [the claimants] were not labouring under any mistake of law at that date. The subsequent decision †¦ could not create a mistake where no mistake existed at the time. In other words, what he seems to be saying is that although the claimants did in fact err in law, they had not made a mistake of law, so they could not reclaim their payments. This is quite a neat trick, because it upholds the revered declaratory theory, while preventing it giving rise to an undesirable situation. However, it does rely on accepting that there are two different metas of ‘mistake of law’. One meta occurs when a person misunderstands the law that actually subsists at the time he applies it, and which continues to subsist. The other meta occurs when a person correctly understands the law at the time he made the decision, but his understanding was later made wrong by a judicial decision. Even if one accepts this arbitrary and unfounded distinction, it seems impossible to avoid the conclusion that it is unjust. If a person makes a mistake of law, and the law remains the same, then the mistaken person can reclaim any money paid as a result of that mistake. On the other hand, a person who later finds that he was mistaken as a result of judicial decision cannot reclaim anything. Yet the latter person is blameless: his decision has been ‘wronged’ by later events beyond his control. The former person could at least (in theory) have discovered what the law was. The effect of the Browne-Wilkinson solution is to leave the declaratory theory intact, at the expense of justice and common sense. Lord Goff showed, perhaps, the greatest reverence for the declaratory theory: I can see no good reason why your Lordships’ House should take a step which, as I see it, is inconsistent with the declaratory theory of judicial decision as applied in our legal system†¦ As a result, he was prepared to allow a person to recover money paid under a decision in law which was correct at the time, and later shown to be false. In his analysis, the claimant was labouring under a mistake of law, but simply did not know it. Lord Goff correctly analysed the effect of the retrospectivity of the declaratory theory, and allowed it to stand despite the odd results it engenders. Lord Hoffman recognised the problems that would follow from finding for the claimant, but decided that they were a price worth paying for doing justice in the particular case: This may suggest that your Lordships should leave the whole question†¦ o the legislature†¦ There is obviously a strong argument for doing so, but I do not think that it should prevail over the desirability of giving in this case what your Lordships consider to be a just and principled decision. Lord Hope decided along much the same lines as Lord Goff. Of the five Law Lords, Lord Lloyd was the only one to cri ticise the declarative theory: It follows that†¦ the House of lords is doing more than develop the law. It is changing the law, as common sense suggests†¦ If this view of what happens is inconsistent with the declaratory theory of the court’s function, then it is time we said so. It always was a fairy tale. And: For myself, I would want to allow the appeal, if I could, [avoiding the effect of retrospectivity]. But as that is not to be, I consider the second best course is to leave the abolition of the mistake of law rule to Parliament. He seems to be saying that a decision for the claimant, coupled with the effect of the declaratory theory, will produce results so bizarre and unpredictable that it ought not to be allowed. In other words, the price of doing justice in this case is too high. Legal retrospectivity is bad enough in the civil law, but in the criminal law it becomes a human rights issue. Article 7(1) of the European Convention on Human Rights specifically forbids criminal sanctions for an act that did not constitute a crime at the time it was committed. In other words, however heinous we might think an act is, it can’t be punished unless the offender had a way to know it was illegal. Of course, ‘ignorance of the law is no defence’, but the offender has to be able to know the law to be bound by it. Consider the famous House of lords case of R v R (1994). This concerned a man who raped his wife, and based his defence on the fact that for a man to rape his wife was not, in fact, illegal. It may be condemned, it may even be wicked, but it was not – at that time – illegal. If a man had approach a solicitor in 1990 and said ‘Look, I’m thinking of raping my wife, is that illegal? ‘ a competent solicitor may well have said: ‘Well, of course I wouldn’t condone it, but the balance of authority is that it isn’t actually illegal’. He could have cited authorities going back to the 16th century to back this up. At this time, there was increasing pressure on Parliament and the courts to overturn this unedifying principle of law, but when R was heard, no action had been taken. To cut a long story short, the House of lords decided that marital rape was illegal, reversing a 400-year tradition. Everyone, with the exception of the defendant, heaved a sigh of relief. Later that year, the decision was put on a statutory basis, which appeared to settle the matter once and for all. The fly in the ointment is our old friend retrospectivity. The decision in R was not that marital rape was illegal, but that it had always been illegal. Again, the court had no power to decide otherwise. And this means that an octogenarian who raped his wife in the 1940’s could now be prosecuted. You may feel that this is a just conclusion; you may feel that rapists should get their just deserts. However, the fact remains that we would be punishing a person for something which was not illegal at the time, and which he would have no way of knowing was ever going to be illegal. The social conditions of the time may not even have led our hypothetical defendant to think he was doing anything wrong. But he could still be prosecuted. This may sound far-fetched, but in fact within a year of the decision in R, cases were being heard in the European Court of Human Rights (ECHR). SW v United Kingdom (1995) concerned a man who was prosecuted in 1994 for a rape he had allegedly committed in 1990. If was far from obvious that marital rape was illegal in 1990. The ECHR upheld the criminal conviction, on the basis that when the rapes occurred, the defendants could have reasonably foreseen that the criminalisation of martial rape was likely. The problem with the decision in SW v UK is that it suggests that a person must govern his behaviour, not by what the law is, but by what he predicts it will be when any consequent prosecution is bought. So, not only is ignorance of the law no defence, but ignorance of the future development of the law is also no defence! None of the forgoing is intended to condone the practice of marital rape. Judicial retrospectivity presents the same kind of problem for any criminal offence, of any severity. Lord Diplock has suggested that the retrospectivity of judicial decisions discourages judges from correcting defects in the law. Judges have to be very conservative if they must predict not only the effect of their decisions on new cases, but the effect they would have had if made in the past. To get around this problem, the Supreme Court of the USA has adopted the device of ‘prospective overruling’; this device allows the court to state that a decision that changes the law is not to have retrospective effect. The problem is that prospective overruling is simply incompatible with the declaratory theory. If the former comes in, the latter must go. However, as Prof. Zander says, the courts can accept that the declaratory, retrospective effect of its decisions is doctrinally ‘correct’, while at the same time letting it be known that they will decide cases on the basis of the law as would have been understood when the events occurred, not when the case is heard. This is a fudge, but probably a workable fudge. Why is the declaratory theory so revered? In Albion’s Fatal Tree (1975), Douglas Hay argues that the decline in formal religious observance in the 18th century left a power vacuum to be filled by the law. For law to command the respect of society in the way that the church had done, it was necessary that it be seen as something above and beyond its practitioners: The punctilious attention to forms, the dispassionate and legalistic exchanges between counsel and the judge, argued that those administering the laws submitted to its rules†¦ In short, it’s very inefficiency, its absurd formalism, was part of its strength as ideology. Such an ideology would be undermined, of course, if it were seen that law were nothing more than the creation of ordinary people. It was the job of the legal profession to form an elite, and thereby shield the ugly reality of lawmaking from public scrutiny. While this argument may have had validity in the 18th century, it is not at all easy to see that it stands up in the 21st century. To respect the law, we don’t necessarily need to view it as having supernatural origins. Moreover, since the 18th century the development of the law has increasingly been effected by statute. No-one expects Parliament’s legislative programme to be to be guided by anything more than the views of society as expressed through the ballot box. Nevertheless, while most judges tacitly accept that their activities have the effect of lawmaking, relatively few have been prepared to criticise the declaratory theory in public. Lord Reid is usually credited with first describing the declaratory theory as a ‘fairy tale’; in a 1972 article ‘The judge as law-maker’ in JSPTL he described the ‘Aladdin’s cave’ in which ‘those with a taste for fairy tales’ expect the common law to be found. However, he was not the first influential judge to cast doubt on the declaratory theory. For example, Lord Radcliffe wrote in the Law Society Gazette in 1964 †¦ here was never a more sterile controversy than that upon the question whether a judge makes law. Of course he does. How can he help it? Such comments are, to say the least, unusual. Prof. Atiyah is probably the most outspoken critic of the modern judicial attitude to the declaratory theory. In Judges and Policy ([1980] ILR 346) he identified five reasons for its continued existence. First, it is to the advantage of the judge if he can, in a difficult case, deflect any criticism of his own decision onto ‘the law’ as a higher principle. As Atiyah says, of course, this can be seen as a ‘shabby attempt to evade responsibility’. Nonetheless, the job of a judge is difficult enough, without having to deal with personal attacks on his decisions. Lord Devlin has suggested that judges will occasionally hint to claimants that they wish they could find otherwise, but are bound by ‘the law’. Second, it is generally accepted as a constitutional principle that it is the role of the legislature to make law, and the role of the judiciary to interpret it in specific cases. Where judges do make law, they should do so within narrow constraints. There is undoubtedly some virtue in this principle. The most famous exponent of judicial creativity in modern times is almost certainly Lord Denning. His view was very much that it was the job of the judge to ‘do justice’; if that meant that principles of law had to be bent to fit, that was a price worth paying. The problem is that his decisions do not generalise. It is often difficult for later judges, reading his reasoning, to determine whether the decisions he made are based on law that ought to be applicable in other cases, or to fact situations particular to the case under consideration. This is evidenced by the fact that many of the principles that he established by doing the right thing in a particular case have come to be misapplied in later cases, and have had to be circumscribed by later judges. For example, his decision in Solle v Butcher (1949) that a contract could be set aside on ‘equitable grounds’ when entered under a mutual mistake, did justice in the case itself. This decision was followed in a large number of cases, but it was never entirely clear what would amount to ‘equitable grounds’. Finally, in 2003 the case of The Great Peace more or less demolished the entire concept of ‘mistake in equity’ and put this branch of law back where it was 50 years ago. Even if judicial creativity can do justice in the present case without compromising later decisions, there are other reasons why judicial creativity should be constrained. Judges are only able to deal with cases they hear; it is difficult for them to take a wider view of any issue. Judges are not well-placed to make decisions that involve elements of social policy. In addition, arguably judges are drawn from a much narrower section of society than MPs, and therefore less representative. Third, Atiyah argues that judicial lawmaking is tolerated only because it is not exercised openly. Lord Devlin has argued (Judges and lawmakers [1976] 39 MLR 11) that if the courts are given, or arrogate to themselves, the power to make decisions without retrospective effect (and thereby demolish the declarative theory) this will amount to an approval to engage in judicial law-making in the large. While we accept that development of the law requires an occasional exercise of judicial creativity, the fact that it has to be done on the sly means that it won’t be done all that often: Paddling across the Rubicon by individuals in disguise†¦ is better than the bridging of the river by an army in uniform with bands playing. Atiyah’s fourth argument is that many judges themselves have a naive and simplistic view of their own lawmaking role. They frequently speak or write as though the only alternative to a slavish devotion to the declaratory theory is the wholesale abandonment of the doctrine of precedent and the separation of powers. Judges frequently invoke Seldon’s old chestnut about the law varying with the length of the Lord Chancellor’s foot as a reason for their own conservatism. However, there is no reason to assume that a disavowal of the declaratory theory need signal the end of the doctrine of precedent (it has not done so in the USA), or the dissolution of the separation of powers. The fifth argument is that public respect for the judiciary depends on their strict and evident impartiality. If the judge was seen to create or change law, the implication is that the judge prefers one view of law to another. But, as Atiyah says, there is no reason to believe that the public will respect a judge that is impartial but unjust, more than one that is partial but fair. Judicial adherence, at least in public, to the declaratory theory may be for the very best of motives. However, in a well-educated, democratic society, it is doubtful whether it is ever appropriate for the governing classes to espouse one point of view in public, and a different one in private. Not only is it intellectually dishonest, it is doubtful whether it is necessary. Moreover, it is a strategy that is unlikely to work for much longer. It seems unlikely that the public will be moved to increased confidence in the judiciary, when it becomes obvious that the judiciary have practised a paternalistic and patronising form of misinformation for all these years. â€Å" How to cite Declaratory Theory, Papers

Gendering Vertical Mosaic Feminist Perspectives - Free Samples

Question: Discuss about the Gendering Vertical Mosaic for Feminist Perspectives. Answer: Introduction: The woman interviewed by me was born in Surrey and is named Manreet Kaur. Coming from a conservative family of a patriarchal background. She had a number of difficulties while being brought up as she was always supposed to follow the prohibitive norms and live up to the expectations of her family. The institution of marriage was no exception in this case management. The concept of marriage that she had was based on the social construct of the traditional Indian families. The concept of marriage in the patriarchal societies is itself binding in a number of scenarios for the women. It is a general norm I then patriarchal societies in countries like India that the women are nurtured to abide by the social norms and the laws if the society. It is seen that she is expected to complete her education and the education can be used to find her a good husband to whom she will be a presentable wife rather than an independent woman (Coontz, 2006)). The belief in the society of the development of the women as the secondary entity to the man is well defined in her life as in a number of different scenarios she misses out on a number of opportunities she would have had if she was a male member. The ultimate aim that is seen for the daughters in the family is to keep their in laws happy (Kishida, 2007). This has been the case with Manreet too, who was educated enough to have her own career and life but was bound and expected by the family to be married to a man of their choice and not go into relationships on her own. The very construct of the marriage that these families follow go by the age old customs and they are bound by a number of expectations to be fulfilled for the proper functioning of the family. The family in this case accultures the women to be submissive to the needs of the male members and be adept in handling the house hold to make the in-laws happy. It is also seen in the case of Manreet that she had been accultured to become a good wife and house maker irrespective of the knowledge of her happiness and aspiration. The very social norm of the marriage in the Indian society is based on the extremely patriarchal conduct and any divergence from the social norm is extremely frowned upon by the society (Hamilton, 2005). The very invention of marriage which was started for the cohabitated sustenance of the humankind in the earlier times gradually has become prohibitive norm of controlling women. In the modern society the need for marriage for a woman who is as educated as Manreet is to find a companion rather than finding a protector and a provider. The overall thought process of the family behind the plan of her marriage and the controlling of the overall social interaction is therefore regressive and constrictive for her progress. References Coontz, S. (2006).Marriage, a history: How love conquered marriage. Penguin. Hamilton, R. (2005). Gendering the vertical mosaic: Feminist perspectives on Canadian society management.Canadian Journal of Sociology. Pearson/ Prentice Hall. Kishida, T., (2007). Daughters in boxes.The essential feminist reader, pp.99-103.

Difference in Public and Private Sector Management

Introduction Public and private sector management strategies are only different in theory but the manner in which such organizations (both public and private) are run and managed is more or less the same. However, the difference in context is so significant that it affects the outcome of the activities which these organizations conduct or are involved in.Advertising We will write a custom essay sample on Difference in Public and Private Sector Management specifically for you for only $16.05 $11/page Learn More It has been seen for many years now that the performance of private firms is much better than that of public organizations yet they follow similar procedures and practices1. That is why scholars of recent times believe that public organizations should borrow managerial strategies from private firms if they want to achieve the goals and objectives which they have set and also to ensure that there is a smooth and efficient running of the organization . To improve their performance, public managers should try to adopt and implement management strategies which the private sectors have been using over time. This includes the adoption and incorporation of methods such as management with objectives, total quality management and payment of staff according to performance2. Although adoption of private management structures by public organizations has been viewed with a lot of scepticism, recent literature has shown that that is the only way forward for public organization to grow and develop. In the U.K for example, some public institutions have adapted and implemented management structures and methods which have been used by private firms and have become successful in the long run. This therefore should act as an eye opener for other public organizations to try and adapt these practices. The main aim of this paper is to establish the critically analyze the management practices which are being used by the public and private organizatio n and to identify and explain their differences. Definitions of Public and Private Organizations Although similar, the main difference between public and private organizations is ownership3. While private firms are owned by shareholders and entrepreneurs, public organizations are owned by the entire public through the government or political communities.Advertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Further more public corporations are funded mainly by taxes levied on the citizens of the state and not the money paid by customers who utilize the goods or services which they offer. In private firms, market forces control the manner in which they operate while in public organization it is the political systems which control the manner in which they operate. Therefore due to the political interest in public organizations, they rarely attain their goals and objectives. According to the works o f Bozeman, all organizations are privet. The only difference is the extent to which these organizations are private4. Therefore to distinguish between them he came up with a three dimensions of public ness. These include property rights, funding dimensions and organizational control. Property rights of private firms are vested on the shareholders and owners. They therefore have a direct incentive to monitor and control the behaviors of the managers who control and run their firms. The managers also have to attain the goals and objectives which have been set since their pay is directly related to the level of output they have achieved. Public sectors on the other hand have got vague and diffuse property rights. As a result therefore the owners do have incentives to check the behavior of the managers. The salaries of the managers are also not related to the level of output which they achieve hence they do not have a need to work hard. Funding in private firms is manly done by the owne rs and the shareholders. As a result therefore the goods or services which they offer are influenced by the choice and preferences of the consumers. This is because they want to satisfy their consumers and gain consumer loyalty.Advertising We will write a custom essay sample on Difference in Public and Private Sector Management specifically for you for only $16.05 $11/page Learn More Public organizations on the other hand are funded by taxes levied on the public. In many circumstances therefore they do not produce goods or services according to the preference of their consumers. Market forces usually affect the organization control of private firms. Under normal circumstances demand and supply, inflation and competition do affect the manner in which the organization runs its activities. Meanwhile, political control is the factor which affects the organization control of public organizations. As a result therefore it is difficult for such organizations t o have an efficient and effective managerial system since different parties have got different interests in the organization bringing about conflicts. This is the reasons why it is difficult for public organizations to achieve their targets, goals and objectives due to a lot of contrasting interest. The three dimensions of publicness therefore act as a good indicator of differentiating between public owned organizations and private firms. These three dimensions affect the manner in which these organizations are run affecting their output. In many circumstances, it is the privately owned organizations which seem to be run efficiently and effectively. Organizational Environments As states earlier, both public and private organizations employ more or less the same management and organizational structures but the manner in which the implement them are different. Both public and private firms try to employ a good favorable environment for both their customers and employees. However the m anner in which this is done in both firms is quite different. There are various aspects which are external in nature that affect the environments of these organizations. The first aspect which affects these organizations is the complexity of their stakeholders. Public organizations have got a lot of stakeholders as compared to private firms. Each one of these stakeholders has a different interest and demand from the organization putting a lot of constrains and pressure on the managers.Advertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More This makes the government to operate through a series of interdependent organizations rather than independent organization. This therefore makes it difficult for publicly owned organizations to achieve their goals and objectives. Privately owned organizations on the other hand have a few owners and stakeholders who normally have got more or less the same interest in the company. This thus makes it easier for the managers of such firms to achieve the set goals and objectives that the firm has set. This can be attributed to the lack of conflict of interest due to the small number of stakeholders. That is why privately owned organizations easily achieve their goals and objectives as compared to public organizations. Another factor which affects the organization environment is permeability. Public organizations are seen to be more permeable as compared to private firms. This is because public organizations act as open systems since they receive a lot of external influence. Although it i s the work of public managers to ensure that this permeability exists so that the influence of the organization can be felt across its borders, they are also supposed to ensure that such influences do not affect the operations of the organization. This is what private firms do to ensure that their operations are free from external influence which affects the formulation and implementation of their policies. It is thus easier for them to ensure that their consumer needs are achieved as compared to public organizations. Instability of the organization is also another factor which affects the organization environment. Public firms are unstable due to a lot of political influence which affects the performance of managers. This is because managers are always under pressure to achieve certain goals and objectives within a short time and in most cases such targets are not helpful to the organization. Privately owned organizations are rarely affected by political influences making them to b e stable organizations. Competitive pressure is also an important factor affecting the organizational environment. Private firms operations are influenced by forces of the market. They are therefore highly affected by competition from other firms in the industry. To survive in the industry in the long run they normally come up with various strategies which aim at gaining and retaining customers5. This includes reduction of prices, improvement and maintenance of product quality promotions and so on. Publicly owned organizations on the other hand do not face a lot of competition in the market and when they do they normally have a dominant share of the market as compared to other firms in the market which makes them to stand at an advantage for example in the provision of healthcare and educational services in the UK6. In other instances where competition may arise the government normally advocates for collaboration of public and private organization in the provision of goods and servi ces making it easier for public organization to earn customers. Organizational Goals Studies have shown that public organization have goals which are distinctive in nature such as accountability and equity which are most of the times absent in private firms7. This is because public organizations are owned collectively by the public therefore they should come up with means of satisfying the collective interest of their stakeholders. That is why such organizations use the distinctive approach in the formulation of their goals. Private sectors have got a small number of stakeholders with similar interest thus the formulation of goals formulated in such organizations aim at ensuring that the organization maintains its customers and is profitable in the long run. Managers of public organization also face the tedious task of achieving the multiple goals which have been set by its stakeholders. Privately owned organizations on the other hand normally have got a single goal which they want to achieve. This goal is profit maximization which is used to indicate the success or failure of any organization. This goal is normally not achieved by public organizations making them to be seen as unsuccessful organizations in the market. Goals which are set by public organizations are seen to be vague as compared to those which are set by private firms. This is because these goals are mainly formulated by politicians rather than the managers who have a good understanding of the needs of the organization. For an organization to be successful it must have clear goals which are easily attainable. Politicians normally want to gather support from different groups in the society. In order to do so they formulate goals this will try to impress all these groups. Such policies are normally vague, unattainable and do not have any benefit to the organization. Private firms formulate their goals with respect to the market forces. Such goals are clear, attainable and aim at ensuring the firm survives in the market in the long run. Organizational Structures Different organizations either public or private have got different organization structures depending on the goals and objectives such organizations want to achieve. Generally, public organizations normally exhibit a centralized form of organizational structure while private firms have a decentralized form of organizational structure. These structures are different in the manner in which they operate. Public organizations are more bureaucratic as compared to their private counterparts. This is because they have stiff decision making techniques, the information flows mainly from the high to low managerial levels and employees rarely receive incentives to motivate them to perform their duties. Under such leaderships there are no serious punishment on employees who violate the rules and regulations of the organization. Public organizations use the bureaucratic structure because it is the requirement of ensuring and main taining transparency and accountability in the organization. Private firms on the other hand are less bureaucratic. The decision making process is more flexible involving members of staff from all levels of the organization. Information within such organizations flows in all directions leading to reduction in distortion of the information. The rules and regulations which have been set by the organization are normally adhered with defiant employees being punished. As a result employees are motivated to work. Red tape is a side effect of application of bureaucracy in public organization. This side effect is characterized by the concentration of rules and procedures rather than results and outcomes. This leads to organizations concentrating on factors which are not of importance to the firm leading to its stagnation in terms of development. The red tape effect is rare in private organizations. Delegation of duties is mainly seen in private organizations than their public counterparts. Delegation of duties ensures that there is continuity of performance of duties even in the event of absence of the individual who was supposed to do the duty. In this respect therefore the manager reduces the bulk of work he has by delegating those which are of less importance to his juniors. This also leads to the empowerment of junior staff giving them an opportunity to perform new duties. This makes them to become more experienced in their profession. Private Managers are therefore seen to be delegating duties to the juniors more than public managers. This shows that they have got trust in their employees by giving them a chance to participate in critical affairs of the company. As a result therefore acts as an incentive motivating the employees to work even harder and achieve the goals and objectives which have been set by the organization. Managerial Values Public and private organizations have got different managerial values especially when it comes to the conduct of their emp loyees on and off the organization. Employees of public organizations have got a negative attitude and perception towards their job and also towards life. This is attributed to the fact that public organizations do not have proper mechanisms to motivate their employees such promotions, increase in pay, a conducive working environment and so on. As a result therefore employees do not feel as part and parcel of the organization making them not to have the need to work hard and achieve the goals and objectives which the organization has set. In private organizations, employees are highly motivated hence they have the urge to work hard and attain the goals and objectives of the organization since they feel as if they are part and parcel of the organization. Such employees have got a positive attitude and perception towards their work and life in general. Managers of public corporations are not as money minded as the managers of private firms. This is because profit maximization is not a mong the key objectives of public organization. Since they are not motivated by financial rewards policies like bonuses, performance related pay, overtime payment and so on. These are some of the mechanisms which are being used by managers of private firms to motivate their employees to work hard and achieve certain targets which have been set by the organization. Instead of maximizing profits managers of public organization put a lot of their efforts into serving the public. This is because such organizations are owned indirectly by the general public thus their managers need to work hard and satisfy their needs. Private organizations on the other hand work hard to fulfill the needs of their individual customers and not the entire public. This is because they strive to have products or services which satisfy the needs of each and every individual customer they have and not the whole bunch. This difference is brought about by the fact that private corporations are run according to t he market forces which the industry is experiencing at the moment such as competition thus they come up with strategies which aim at maintaining brand loyalty8. Comparing the level of employee commitment between public and private organizations, it is evident that employees of private organizations are highly committed to their works as compared to their public counterparts. This is because the institutional frameworks in private organizations enhance flexibility in personnel procedures and also ensure that hard work by employees is rewarded an aspect which is lacking in most public organization. Motivation is a key factors which determines the level at which employees will be committed to their work and ensure that the goals, targets and objectives which have been set by the organizations which they are working for are achieved. Conclusion It has been seen that both private and public organizations have got a more or less the same management behaviors and structure the only differe nce being the manner in which they are applied. Private organizations are strict in the manner in which their organizations are run unlike public organizations. This therefore makes private organizations to be seen as better organizations as compared to their public counterparts since the manner in which they are run is effective and efficient and in most cases they tend to achieve their goals and objectives. It has been therefore recommended that public institutions should try and adapt the managerial practices and behaviors of private organizations if they want to be successful. Bibliography Boyne, G.A. Public and Private Sector Management: What’s the Difference? Journal of  Management Studies, 39, 1, 2002, p. 97-122. Bozeman, B. All Organizations are Public. Jossey-Bass, London Jones, G and Zeitlin, J. The Oxford Handbook of Business History: Geoffrey Jones and Jonathan Zeitlin, New York Nutt, P and Wilson, D. Handbook of Decision Making: John Wiley and Sons, New Hampshi re, 2009 Rainey, H. Understanding and Managing Public Organizations: John Wiley and Sons, New Hampshire, 2009 Roberts, P. Environmentally sustainable business: A Local and Regional Perspective. Sage, London, 1995 Footnotes 1 George Boyne, Public and Private Sector Management: What’s the Difference? Journal of Management Studies, 39, 1, 2002, p. 97. 2 Peter Roberts, Environmentally sustainable business: A Local and Regional Perspective, Sage, London, 1995, p. 166. 3 Hal, R. Understanding and Managing Public Organizations, John Wiley and Sons, New Hampshire, 2009, p. 224. 4 Bozeman, B, All Organizations are Public, Jossey-Bass, London, p. 22 5 Hal, Rainey, Understanding and Managing Public Organizations, John Wiley and Sons, New Hampshire, 2009, p. 229. 6 Hal, Rainey, Understanding and Managing Public Organizations, John Wiley and Sons, New Hampshire, 2009, p. 231. 7 Paul Nutt and David Wilson, Handbook of Decision Making, John Wiley and Sons, New Hampshire, 2009, p. 349. 8 Geo ffrey Jones and Jonathan Zeitlin, The Oxford Handbook of Business History, Geoffrey Jones and Jonathan Zeitlin, New York, p. 544 This essay on Difference in Public and Private Sector Management was written and submitted by user Kristopher Barr to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Che Guevara Essays

Che Guevara Essays Che Guevara Essay Che Guevara Essay In this essay, my individual is the infamous Che Guevara. I have chosen Che Guevara because he is someone who many of the younger generations of today can relate to. Che Guevaras actions changed the course of history for many peoples lifes worldwide. However Che Guevara created this opportunity himself, in a way he responded to a situation that meant more to him, than leading an ordinary life, and Che Guevara lived a far from ordinary life. With respect to Che, the Cuban Revolution brought out the characteristics that the radical world came to admire. Che demonstrated his natural ability to take on new tasks and to be an effective leader during battle. During the battle of Sierra Maestra, he organised a workshop of weaponry, tailoring, and shoemaking and the production of bread, beef jerky, cigarettes and cigars as logistical support for the guerrilla campaign. On the battlefield, he led one of the forces that invaded central Cuba, capturing Santa Clara, the decisive victory of the war against the Batista forces of Cuba. Ches keen ability to organise militarily is one characteristic that would lead many people to follow him. The way in which he supported the fighting that was being done in many countries of the world was also a part of his great following. Guerrilla fighters read his books and essays in which he wrote, It is important to recognise that guerrilla warfare is a war of the masses, a war of the people. Guerrilla warfare is used by the side which is supported by the majority but which possesses a much smaller number of arms for use in defence against oppression. Che described the guerrilla fighter as one who shares the longing of the people for liberation and who, once peaceful means are exhausted, initiates the fight and converts himself into the armed vanguard of the fighting people. Che not only spoke of the fighting, but of what a revolutionarys duty was after the war was over. These ideas were very present around the world in nations where guerrilla warfare was being utilised to figh t their oppressors. People all around the world scrutinised his every move, waiting to see what he would do next. Ches plan concerning the future of Cuba was often a topic of many debates. When Che became the Minister of Industry for Cuba shortly after the revolution, he imposed many ideas that were foreign to the countrys prior state that would bring changes to Cubas poor and working people. Che had not envisioned an economy of marketization, material incentives, and enterprise financial self management. Che believed in a socialist rather than a capitalist society where material incentives would be replaced by moral incentives. Ches primary concerns were for the welfare and equality for people, another idea that was prevalent in the minds of people throughout the world in the 1960s. His idealistic views were criticised by many that thought of these ideas as the reason for the unsuccessful creation of a new economic state in Cuba. Others respected Che for his effort and said that Che was totally committed to the difficult task of building socialism in Cuba. Cuba and the Cuban Revolution were a major part of his accomplishments. For Che, Cuba was an enormous platform for his essential and most important message The Revolution is a force that purifies man, that places him beyond egoism; that purity which has been won must be defended, through study, through work, with bullets, as it if it were life itself. Ches decision to leave Cuba also prompted much attention from scholars and other Che followers. After seeing Fidel Castro begin to sell out the revolution to a Soviet-subsidised paternalism, Che decided to step down as Cubas Minister of Industry, leave Cuba, and return to the revolutionary battlefield. To many, his decision to leave Cuba, and the power and privi leges that came with it, to continue in his quest to free the oppressed throughout the world was an image that was retained in many peoples minds. Che declared his rejection of imperialism and the United States. He said, Our every action is a battle cry against imperialism and a call for the unity of the peoples against the great enemy of the human race: the United States of North America. This idea appealed to many people in the 1960s. His solidarity with Vietnam was popular among youth and radicals around the world who wanted to create their own version of the struggle in Vietnam. In 1967, with his apparent disappearance and the possibility that he might be dead, Che began to be looked at through different perspectives. Perhaps even his following increased because he was a martyr who fought in the name of the oppressed peoples of the world. He was being compared to other great leaders who had fought to rid their people of injustices. With respect to his death, scholars were saying such things as, one of these days the newspapers will dedicate their columns to the resurrection of this man who may be the Bolivar of our time. Once there was confirmation of Ches death in Bolivia, people began to speak of his failure as a revolutionary and began to place blame on the different aspects of Che. Comments such as, Ches death after less than six months of guerrilla combat, testifies less to one mans failure than to profound weakness and incompetence of the current wave of Marxist revolutionary struggle in Latin America. Others spoke of him as a man of considerable capabilities but one who chose to employ these talents in pursuit of violence as a means to a political end and as a man who chose to not serve humanity selflessly, but rather to serve communism selflessly. Most of the people who thought of Che in this manner acknowledged, however, that Ches death was a great blow to the movement in Latin America. Contrary to this belief, Ches death inspired greater protests as was displayed by students who marched through the streets around the world displaying Ches image in 1968. Che was killed in Bolivia in October of 1967 at the hands of US-trained Bolivian Rangers who hunted him down and then shot him dead on the orders of a CIA operative. Che was killed because he was a threa t to those who were the oppressors. They feared that a man with considerable capabilities could do as much as changing the course of human history, where the oppressed would not be so anymore. The ideas projected by much of the media during this time like the thought that Communism could spread through the whole world and finally to the United States, was part of the great fear that people had. They could not think of Che in any other way. Communist or Red were attached to his name and therefore, could not get over that initial stigma of Che. He rejected the American government and the system in general, the system that in the end found the means by which to get rid of him. Student protesters in France, West Germany, Czechoslovakia, Mexico, and Brazil carried his flag because Ches accomplishments and great endeavours represented a rejection of this system. They were all fed up with the one system they were living under. Vietnam was a representation of a worldwide struggle against governments that were not serving the people, as they should. Many people wished to emulate their struggle and create more Vietnams as Che had called for. Protestors in search for freedom and justice around the world felt great respect and admiration towards him. A favourite quote I like to use to describe Che Guevara is, he was an inspiration for them to fight for their own rights and the rights of others. By abandoning the opportunity of a career as a doctor and dedicating his life to a global fight against oppression, he became a common man with nothing to else to lose except his life. Che could have stayed in Argentina, had a promising career in medicine, had a traditional family life, and could have lived comfortably without having the need to worry about anything else. Che did choose to do this, however. The idea that consisted of a war of the masses was an inspiration for ordinary people rise up and fight. He lived and died to be a servant of the people. He did not take advantage of the great power that was bestowed upon him when he became Cubas Minister of Industry. He called for basic human rights for people who they were being denied to, an idea that many could not argue against. Like his father once said, it was really hard not to admire his sacrifice, empathy, and determination. He was representative of the time. People were giving up their normal lives to raise arms to fight. Students in Czechoslovakia, West Berlin, and Mexico, whose only chance to be successful was in getting a form of higher education, were risking getting thrown out of their universities to protest about what they thought was wrong. Peasants who had been barely able to survive were now at the forefront of battles in the jungles of Vietnam, Bolivia, and the Congo. Ches image and ideas was something that they could stand by and follow no matter how hard the battle became. It was the search for a leader that prompted them to follow Che. His image and ideas that persisted after his death represented the person Che had been. In his last letter to his children, Che wrote: Grow up as good revolutionaries. Study hard so that you will have command of the techniques that permit the domination of nature. Above all, always remain capable of feeling deeply whatever injustice is committed against anyone in any part of the world. This is the finest quality of a revolutionary. Che was describing himself. His execution in Vallegrande at the age of 39 only enhanced Guevaras mythical stature. That Christ-like figure laid out on a bed of death with his uncanny eyes almost about to open; those fearless last words (Shoot, coward, youre only going to kill a man) that somebody invented or reported. The anonymous burial and the hacked-off hands, as if his killers feared him more after he was dead than when he had been alive: all of it is scalded into the mind and memory of those defiant times. He would resurrect, young people shouted in the late 60s. The lesson of Che is the lesson of hope and dedication. Throughout struggles with adversity, like his lifelong asthma, to the military campaigns in Guatemala, Cuba, the Congo and finally Bolivia, Che always kept his goal in front of him, he was ever optimistic and single-minded in his purpose. As we approach the 35th anniversary of the death of this truly impressive 20th century figure, we are able to gain a new appreciation of his qualities. The figure of Che Guevara is much too large to pigeonhole as a relic of the 1960s. However there are many different views and opinions on Che Guevara throughout the historical world. Most depict highly of Che Guevara, but there are some that criticise his actions, and criticise others who praise of him. Such a person is Luis Carlos Aribe who criticises Alberto Manguel book on Che Guevara: His methods were dubious, his political philosophy superficial, his morality ruthless he is still Manguels hero, because he was doing something about it all, taking action, never mind that the results were disastrous. Manguels attachment to his adolescent yearnings prevents him from thinking or writing clearly. Guevaras methods were not just dubious, they were criminal. His political philosophy was not just superficial, it was totalitarian (a strong-handed but moral government, as Manguel delicately calls it, is a dictatorship described by a sympathiser), and I dont know what ruthless morality means, except believing that the end justifies the means. This source is very useful to us, because it gives a contradictory view towards Che Guevara, compared to all the other books and sources I have read. It is a primary source, and one of few that I have found that did not like Che Guevara or the way he went about his actions. This source gives us a different insight into how other people may have felt about Che Guevara. However, this source is slating the book, or perhaps passages in the book, so Alberto Manguel may have over emphasises extracts in his biography, therefore its usefulness could be derogatory. Another criticiser of Che Guevara is Hugh Thomas who wrote The Cuban Revolution, however his views are contrasting: Hugh Thomas, in his The Cuban Revolution, describes Guevara as obstinate, narrow and dogmatic, but also says that he was candid and, on the whole, he deceived neither himself nor others. This source is also very useful, because the author criticises, and praises Che Guevara. Therefore he has a contrasting view, if not somewhat neutral, as he is able to point out the negatives of he Guevara and the positives. The source is not typical of its time thought because most people either love or hate Che Guevara instead Hugh Thomas is neither, which makes this source useful, as he shows both sides to Che Guevara. Apart from the odd criticising view of Che Guevara, there are plenty of historians, and famous people that praise Che Guevara for his actions, and the way he went about it: The following are taken from Viva Che compiled by a range of different historians ranging from John Berger to Fidel Castro to Peter Weiss. This is now out of print. Che Guevaras autobiography. John Adlard comments that, I admire not only Ches courage and skill but his insistence that without a firm moral basis there can be no real revolution. John Berger comments about a picture of Che Guevara, In face of this photograph we must either dismiss it, or complete its meaning for ourselves. It is an image which, as much as any mute image ever can, calls for decision. Fidel Castro, Ches life has had the virtue of impressing even his worst ideological enemies and making them admire him. It is an almost unique example of how a man has been able to gain the recognition and respect of his enemies, of the very troops whom he has faced arms in hand; of his ideological enemies, who have been, surprisingly, almost unanimous in expressing feelings of admiration for Che. Who could deny the significance to the revolutionary movement of the blow of Ches death, the significance of not being able to count upon his experience, his inspiration, upon that strength of his prestige that all reactionaries feared? It is a fierce blow, a very hard one. Graham Greene, The death of Che Guevara brought a sense of grief and disappointment to people who had no Marxist sympathies. He represented the idea of gallantry, chivalry, and adventures in a world more and more given up to business arrangements between the great world powers. They were afraid to bring him to trial, this fear will help perpetuate his legend, and a legend is impervious to bullets. David Mercer, The significance of Che is not a solution but a question. The sources taken from this book are all primary, as they are taken from Che Guevaras autobiography that is now rare because it is out of print. The sources are useful, because they are all opinions, and grievances written in by numerous historians, and extracts by Che Guevara himself. However, all of the sources praise Che Guevara, because it is his own autobiography, therefore they will all praise and say how much they will miss him, and we do not get to hear the other side of the story. However, from all the sources I have read, it appears that there are generally more people who praise Che Guevara, than there is that criticises him. I take a quote written by Andrew Sinclair titled Guevara page 90; For Ches most explosive idea was that the revolution is permanent and that the revolution creates itself. Authority has not sat safe in its seats since that heresy reached the minds of the young. I feel that this is a good way to sum up the impact that Che Guevara had upon the world back then, and even the present day. Che Guevara has inspired many left-wing revolutions, and his ideas and views are still followed today. He can be seen on t-shirts and caps, mugs and jewellery. Che Guevara lives among the younger generations now. Che Guevara believed in something so much, that he decided to live a revolutionary life instead of being a secure middle classed doctor. Che Guevara became an icon for left-wing youths in the 1960s, during this time he was able to write Guerrilla Warfare (1961), and Reminiscences of the Cuban Revolutionary War (1968). Che Guevara was killed because he was a threat, he had views that were different to many other peoples, and he followed them, and because of this small threat, a larger world power, the USA found in necessary to exterminate this threat. The question to begin with, was do individuals respond to opportunities, and make a difference. In Che Guevaras case, I would say this is most definitely so. Che Guevara believed in something, he left everything he had to fight for that cause, he took the opportunity, and created more for himself, and in some respect he may have even changed the social side, and ideological side of history. The way that some people look at history now may change; the views especially of the left-wing youths would have changed slightly. Che Guevara was a man who spoke what was on his mind, and fought for what he believed in, someone who definitely seized the opportunity to make a difference.

Increasing the Number of People Downsizing in Social Housing Essay

Increasing the Number of People Downsizing in Social Housing - Essay Example With housing being a necessity, it observes with keenness that there has been a downward trend in many countries regarding people who own homes or have decent housing. It probes the root cause of the problem with the different scholars offering different views on the subject. It enhances the importance of housing and the fact that governments have played a big role in the so called â€Å"downsizing’. It therefore delegates itself the duty of bringing the solution to this societal problem that has been highlighted by the emergence of slums while at the same time posh estates of the rich exist. It simply offers solution and tries to ascertain how an increase can be made to the number of people in the social housing. With examples from countries such as Britain, United States, and Sweden it analyses their policies and checks on whether they seceded or not. To this end, it is informative, sceptical, and analytical. Aims of the strategy To understand whether there can be an increa se in the number of people who attain the social housing with the understanding that there are forces that fight this move and have led to the decrease of the same. Background Study Housing is a basic necessity. This then means that home ownership serves the purpose of ensuring that fundamental obligations are fulfilled. This may include raising the quality of family life and education. To this end, housing plays a fundamental role in the economies of both developed and developing countries with the governments of respective countries acknowledging this as a mirror of development. Housing policy then has been regarded in two different views; there are those who view it in terms of continuity or change with the change protagonist accusing the regime of short termism due to their nature of treating the housing as a â€Å"political football† and being chameleons in their nature of changing colours and direction to reflect party political preferences (Balchin and Rhoden 2002). Th ese changing political positions have made it impossible to have choices that are rational in the housing sector. This change perspective is argued by Harloe (1995) who notes that the case of British housing policy is ideal example where he links the change from the periods of 1919 to 1970s. He notes that this is as a result of both long term economic changes and shorter political tensions by stating that social housing widened from residual housing only in times of market disruptions and political upheavals. Barker (2003) supports this by contending that the role of housing policy was only to support modernization of the housing market while the social housing played a different role. To this end, the propagators of this view had their insights on the fact

Disclosure of information Essay Example | Topics and Well Written Essays - 500 words - 2

Disclosure of information - Essay Example I was taken aback by his/her early disclosure. That really turned me off. I know everybody has issues but I did not expect that he/she would tell me his/her domestic issue when he/she barely knew me. It is just too much information and too soon. And he/she is ruining the night. We we are supposed to have fun that night and not discuss domestic issues. With his/her early disclosure, the atmosphere suddenly became serious and problematic. I am no longer enjoying the date and could not wait to get off from that date. Especially when he/she mentioned that he/she wants to get married so that he/she can leave his/her house. I had the impression that this person is desperate and I am going to be used as an escape goat. It also gave me the impression that I will not be happy with this person because he/she has a lot of personal baggage. That if I will be in a relationship with this person, he/she will force me to settle down to serve his/her purpose of escaping her domestic issues. My relationship with that person literally ended on that night. Though he/she calls and texted afterwards, I no longer reply. He/She tried to set up us again but I am already avoiding him/her. His/her early disclosure about his/her domestic issues dampened the prospect of what could have been a wonderful relationship. It disappointed and frustrated my expectations too. I have been looking forward to be in relationship but the early disclosure tells me that this is going to be a problematic relationship and such, has to be avoided. The relationship did not progress after the first

ECONOMICS AND GOVERNEMNT Assignment Example | Topics and Well Written Essays - 750 words

ECONOMICS AND GOVERNEMNT - Assignment Example The federal government’s other transfers include Equalization and Territorial Formula Financing programs which help less prosperous provinces and territories. These provinces have comparable levels of taxation as other more prosperous provinces. Thus raising tax rates is not feasible. 5. The Great Depression was decade-long economic downturn that was witnessed by practically every country of the world. It is considered to be the deepest depression of the 20th century. The long contraction and agonizingly sluggish highlighted the need for an expanded role for government. Hence the Great Depression is linked to the growth of government in the developed world. 6. ‘If the prices are right, people will respond correctly’ indicates that if people feel the payment that they will shell out for a product or service brings in commensurate benefits to them and is thus of value to them, they will go ahead and buy that product or service. Thus right here means ‘fair’ and ‘correctly’ refers to the decision to buy. 7. Global warming refers to the constant warming up of the Earth’s atmosphere due to increase in the levels of the greenhouse gases. This increase in temperature has occurred as humans continue to use more and more fossil fuels in their day to day lives. While this usage helps in business and trade, there is a cost involved, cost that neither the buyer nor the seller bears, but we as a nation (for that matter, the World) collectively bear. Thus global warming or climate change can be termed as one of the biggest market failures as the market forces did not allocate scarce resources to generate the greatest social welfare. Failure to adopt stringent emissions reduction targets, excessive deforestation, adoption of technology at the expense of the environment are all market failures relevant to the problem of global climate change and relate to the world-level policy failure regarding global warming. To correct the problem, the world has

Voluntary Disclosure of Income Scheme Analysis

Voluntary Disclosure of Income Scheme Analysis HISTORY OF ECONOMIC THEORY PAPER PHILOSOPHISING A LAW: VOLUNTARY TAX DISCLOSURE Joanna Thomas A. THE LAW The Voluntary Disclosure of Income Scheme was launched by on the 18th of June, 1997. It continues for six months until the 31st of December, 1997. It was launched by The Central Board of Direct Taxes. Its aim was to unearth disclosed income, to provide income tax and wealth tax defaulters an opportunity to disclose their income at the prevailing tax rates, while under the umbrella protection of immunity from all major laws relating to economic offences, and to mobilise resources and channel funds into priority sector of the economy. Those opting for the VDIS would be granted immunity from prosecution under the Foreign Exchange Regulation Act, 1973, the Income Tax Act, 1961, the Wealth Tax Act, 1957, and the Companies Act, 1956.1 In the six months of its existence, 4,75,477 people disclosed their assets and incomes under VDIS. This garnered a revenue of 33,697.32 crore rupees to the Indian Finance Ministry on which Rs. 9,729.02 crore were paid as tax. While some saw the scheme as a success that boosted the government’s coffers, others were outraged. A Public Interest Litigation (PIL) was filed in the Supreme Court under the argument that schemes like VDIS penalised honest tax payers while at the same time, it encouraged tax evaders. A. 1. FEATURES The salient fetters of the scheme include: 1. The declarant would have to file a declaration before the Honourable Commissioner of Income Tax. The Commissioner would then grant him a certificate, setting forth the particulars of the voluntarily disclosed income and the amount of income tax paid in respect of the same. This provided the declarant immunity from prosecution under the Income Tax, 1961. A person may make a declaration in respect of any income chargeable to tax for any assessment year prior to the assessment year 1998-99: for which he has not filed a return under section 139 of the Income Tax Act. for which he has failed to disclose in a return of income furnished by him under the IT Act before the date of commencement of the Act. which has escaped assessment in terms of section 147 as it stood prior to 1.4.1989 and thereafter. 2. The scheme covered all persons, both corporate and non-corporate. The tax payable on the disclosed income was 30% for individuals and 35% for all other declarants, i.e., corporates and firms. The tax on the voluntarily disclosed income or wealth would have to be paid before making the declaration, and proof of such payment was to be attached along with the declaration. 3. Those who opted for the VDIS would be granted immunity from prosecution under the Foreign Exchange Regulation Act, 1973, the Income Tax Act, 1961, the Wealth Tax Act, 1957, and the Companies Act, 1956. 4. A person in whose case a search under section 132 of the Income Tax Act has been initiated or where books of account, other documents or other assets have been requisitioned under section 132A will not be entitled to make a declaration in respect of the previous year in which the search was made or any earlier previous year. B. THE PHILOSOPHICAL WORKINGS P. Chidambaram, the mastermind behind the VDIS, claimed that broadening the tax-net through VDIS was a more goal than how much the scheme could net. Of the 4,66,031 respondents from VDIS, most were part of the 12 million who formed the tax-net. Most of these 12 million were grossly under-reporting their revenues and with this amnesty they were able to change their black money to white money at a much lower rate. Chidambaram ended up protecting the right of tax evaders. This goes against the philosophy of equitous taxation. The amnesty scheme hampered the government’s regular tax collection as tax-evaders, specially businessmen, non-salaried professionals who could opt out of the tax net, found it cheaper to declare their incomes with the lower tax rates of the amnesty schemes. In addition to that, as this scheme was anticipated in advance, the tax evaders were able to dodge paying taxes — which could be seen by a drop in revenue collections — before the scheme actually arrived. This was what happened with the VDIS. Evaders were aware from March that the tax pardon was on its way and hence, personal income tax collections in the first seven months of the current fiscal year recorded a significant drop. A post-VDIS drop also occurred, as has been seen in the case of earlier amnesty schemes. Therefore, despite the ‘record haul’, the government emerges as a net loser in this scheme as the VDIS hampered long-term tax collections that in effect proved the government’s crusade against corruption to be a sham.2 Actually, pardons provided at regular intervals may shrink the tax base instead of expanding it, as Chidambaram expected. It encourages more tax-dodging. Before the 80’s pardons were witnessed at the rate of once every twelve years. However in the 1990’s, amnesties were witnessed six times in eight years. Hence, Chidambaram’s threat that the VDIS would be the last opportunity for evaders to come clean, didn’t hold much ground. Another claim of Chidambaram was that an objective of the VDIS was to mop up black money. But how much can an amnesty work towards absolving an evader? According to a study done by NIPFP in the 1980’s, black money in India was valued at 18-21% of the GNP. Other independent assessments, however, estimated the value to actually be around 50%. Even assuming a low rate of 10%, in the 1990’s, with GNP at 12.6 million crore rupees, the black money in the country can be estimated to be 1.26 million crore rupees. When you compare this to the amount disclosed through VDIS, it barely accounts for 2.5%. And the VDIS was supposed to to account for black money of years past! It can be said that the VDIS provided just the right loopholes that tax evaders were looking for. It provided immunity from various laws and also gave evaders legitimacy for ownership of single units of property in overseas areas and investments in bonds, debentures, shares, fixed deposits etc. Further, declarations under VDIS could not be used as evidence against the declarant in those proceedings that involve penalty imposition or litigations under acts such as IT Act, Wealth Tax Act or Companies Act. Take the example of the son of a very senior Congress leader from Andhra Pradesh who declared Rs.700 crores under the VDIS. The massive loot was amassed over the years from cuts and kick-backs. By paying Rs.200 crores he can now pocket the rest of the booty which now becomes white and rest assured that he can safely skirt all legal probes in the future.2 Declarations were made even minors, 2472 declarations to be exact, whose income were joint with that of their parents. This was permitted by the CBDT clarification which was actually inconsistent with the stated law. A test check revealed that these minors declared undisclosed income on dates prior to their birth! Loopholes could also be found in the declaration of jewellery or silver articles. Initially, the clarification was to assess bullion and jewellery purchased prior to 1 April 1987 at the rates prevailing as on that date. However, this clause was amended later in November that stated that bullion and jewellery should be assessed at the rates that were prevailing on the date of acquisition or purchase, only if a credible proof of purchase or acquisition could be provided. Unfortunately, credible proof was left unexplained and undefined. This loophole provided the most used channel for money laundering under the scheme. Due to this loophole, tonnes of silver was shown in backdated purchases when prices were much lower than the current prices thus reducing the effective rate of taxation. Another negative effect was that silverware dealers began providing fake receipts to anyone who needed one. In this way, the VDIS provided a lucrative opportunity to create legalised assets by converting undisclosed assets with a much lower effective tax rate. This could be the reason why land, gold and jewelry declarations was far more than that of cash. But this, however, could also be explained with the fact that black money is generally not kept in cash. Another failure of the Scheme was to lay down valuation requirement for real estate properties. This gap was taken unfair advantage of by the declarants who were able to declared their assets at insanely high values and also managed to protect themselves with the immunity provisions of the VDIS. A property that was purchased earlier in part with black money and shown in registration records at the value equaling the white money involved, could now be declared at its real price i.e. the black and the white money combined. Today, with an appreciation in the value of the property, the declarant could sell and purchase a bigger property with the newly acquired white money. C. THE VERDICT The VDIS was drafted with a number of gaps. This was, in turn, compounded by CBDT circulars, clarifications and press briefings that completely benefitted the declarants, i.e., the tax evaders. A number of gaps was left in procedural matters in the implementation of the Scheme. This impacted revenue realisation. The department was deprived of legitimate revenues due to the undervaluation of jewellery and bullion. In addition to this, the capital loss that arose from jewellery and bullion declarations contributed to the wiping out of the immediate revenue generated from their disclosures in a few years time. The department had also not instituted any special mechanism that would monitor the declarants in post-VDIS period. The government had recently announced an amnesty scheme for service tax offenders. This was the Service Tax Voluntary Compliance Encouragement Scheme. The scheme was in effect till December 2013 and is believed to have fetched around 6000 crore rupees to the government. Finance Minister Chidambaram said the government will not be able to announce any more amnesty schemes for the next 20 years. This was due to various factors which includes curbs imposed by the Supreme Court. Such schemes cannot be announced every year. There is a Supreme Court judgement on VDIS which actually ties up our hands in announcing a scheme on the lines of VDIS, Chidambaram was quoted as saying by the PTI. In conclusion, there is little doubt about which section of society actually benefits from these kinds of amnesty schemes. For honest tax payers, i.e., mainly the salaried class who pay tax at source at higher rates, this is a direct violation of equal tax for equal income. It also shows the government’s impotence in ensuring compliance by the bourgeoisie to come clean. In the mean time, the ruling class eagerly waits for the next amnesty, as he/she knows fully well that amnesties are means to not only for exonerate oneself from crimes but also provides ample opportunities for one to commit further crimes.