Richard Brandt Free Essays

Richard Brandt: Rule Utilitarianism Chapter two in our book Philosophical Perspectives on Punishment covers different philosopher’s views on Rule Utilitarianism and how it is applied to misconduct and unlawful acts. In Richard Brandt’s discussion he raises three questions that should be addressed when identifying our American system of punishment. What is justifiable punishment for a criminals past actions? What are good principles of punishment? What defenses should be used as good excuses to keep someone from being punished? Our actions should be guided by a set of prescriptions the conscientious following of which by all would have maximum net expectable utility† (Brandt, 1972). We will write a custom essay sample on Richard Brandt or any similar topic only for you Order Now In Utilitarianism they choose the set of rules or practices that would produce the greatest net expectable utility if everyone followed them.Net Expectable Utility is a more positive outcome for a higher percentage of the population. Brandt believes our system of punishment is based on three assumptions: (1) Fear of punishment deters criminal behavior. (2) Imprisonment or fines make repeat offenders less likely. 3) Imprisonment stops the criminal from harming society while that person is in prison or incarcerated. â€Å"Punishment is itself an evil, and hence should be avoided where this is consistent with the public good. Punishment should have precisely such a degree of severity that the probable disutility of greater severity just balances the probable gain in utility (less crime because of more serious threat)†(p. 94). I have to agree with Brandt on this view because if the punishment does not fit the crime, criminal behavior is sure to be more prevalent.I’m a firm believer in scaring the malicious minds into acting lawfully and abiding by the law in order to keep the majority of the public safe. Brandt says that the cost should be counted along with the value of what is bought. This means to me that the punishment HAS to equal, if not be greater, then the crime. He also says that many criminals will go undetected and because of that some penalties will have to be so severe that the risks outweigh the gain in whatever the crime might be.Another agreeable point Brandt makes is that the more serious crimes should carry the heavier penalties not just for prevention of the crime but also to motivate the criminals to commit a less serious rather then a more serious crime. To make sure that the same punishment be inflicted on any social status, and that the same suffering is felt from the crime, Brandt says that heavier fines would be given to a richer man then to a poorer man. If a rich man were to receive the same fine as a poor man it may barely give him any suffering at all.While if a poor man met the same penalty financially as a rich man he may remain in debt for the remainder of his life. Brandt then begins to speak Jeremy Bentham and of such â€Å"excuses† that would not make a person criminally liable for a crime. He first mentions that a man who committed a crime that was not yet a law cannot later be punished for it. I have to agree here because you aren’t breaking the law if it isn’t one yet. I also, however, believe that if that prior â€Å"non-law† is severe enough and the evidence is still applicable in court then the person can be tried and found guilty after the fact. His second excuse is that the law had not yet been made public. In order for the public to know they are performing a unlawful act they must first know that what they are doing is against the law and can result in punishment and fines. The third excuse is that if the offender was an infant, insane or intoxicated they should also be excused of the crime. I think that underage and insane offenders may have a legitimate excuse, and the same may go for the intoxicated but in order for the intoxicated to be excused from punishment, it must not be voluntary intoxication.Bentham then says the offender can be excused if they were ignorant of the possible consequences and thought they were acting in a lawful way. I don’t agree with this view because it is the citizens responsibility to know that he or she is acting unlawfully and what the consequences of their actions may be. â€Å"I didn’t know I couldn’t do that† is something police officers hear all the time and if they let everyone who said that to them go free they’d probably be out of a job. Bentham’s final excuse is â€Å"that the motivation to commit the offense was so strong that no threat of law could prevent the crime† (Brandt, 1972).I believe that some offenders get angry enough to ignore the consequences of the crime they about to commit but this is still not excuse for breaking the law and the law should still be applied to these people. How would a judge be able to determine if someone was acting maliciously or out of pure emotion? Richard Brandt states that Bentham’s legal defenses need some amending. He says that not punishing in certain cases will reduce the amount of suffering brought to the public by the law and that by not punishing in all of these cases will cause a â€Å"negligible increase in the incidence of crime† (Brandt, 1972).Brandt says that the utilitarian is committed to defend the concept of â€Å"strict liability† in order to get a strong deterrent effect when everyone knows that all behavior of a certain so rt would be punished. When speaking of impulsive actions that lead to criminal actions Brandt says that people who commit impulsive crimes in the heat of anger don’t think about the consequences of their action and therefore would not be deterred by a stricter law.He also says that these people are unlikely to repeat the crime so that a smaller sentence should be given to them in order to save a good man for society. I like this idea but I find it hard to agree with completely. Who is to say which crimes are impulsive and which crimes are premeditated? Of course, some circumstances make it obvious which are impulsive for example, a man saving a small child or woman from a kidnapper and killing them in the process, but many crimes can be called impulsive and therefore let a man who isn’t telling the truth receive a lesser punishment for his crime.Richard Brandt says that some say utilitarianism needs to view imprisonment for crime in the same light as quarantining and individual. He uses the example of someone being quarantined after being diagnosed with leprosy. They are taken away from public for the greater good of the public in order to not spread disease. We cannot treat criminals the same however. Criminals need to be shown punishment for their crime so going to prison cannot be made comfortable to them. It has to be a time of sorrow and pity so that it both fears prospective criminals and prevents criminals from becoming repeat offenders. Most criminals will be allowed back into society after severing their time, lepers will never see society again. â€Å"There is a difference between the kind of treatment justified on utilitarian grounds for a person who may have to make a sacrifice for the public welfare through no fault of his own, and for a person who is required to make a sacrifice because he has selfishly and deliberately trampled on the rights of others, in clear view f the fact that if he is apprehended society must make an example of him† (Brandt, 1972) My favorite part of this section is when Richard Brandt compared the utilitarian view of punishment to that of a parent with a child. A parent lets the child know of the rules, about how to be safe, and about right and wrong. The child must know of the bad act before he or she can be punished for it. A parent will giv e a more severe punishment to their child according to what they have done to break a rule.The parent establishes rules for the â€Å"future good of the child† (Brandt, 1972). All this is done to make life at home tolerable and to ensure that the future of the child is a bright and successful one, punishment is an essential part of every one of our lives and whether we are avoiding it or being put through punishment, it is for the greater good. WORKS CITED Brandt, Richard. (1972). Rule utilitarinism (iii). In G Ezorsky (Ed. ), Philosophical Perspectives on Punishment (pp. 93-101). Albany: State University of New York Press How to cite Richard Brandt, Papers

Preventive Withdrawal Under Quebec Labor Laws - Free sample

Question: Discuss about thePreventive Withdrawal Under Quebec Labor Laws. Answer: Introduction Quebecs employment legislation is heavily invested in ensuring workplace safety for all its employees. This is evidenced by the Act Respecting Occupational Health and Safety S-2.1 and the Act Respecting Industrial Accidents and Diseases A-3.001. The applications and interpretation of these laws, over the recent years, has adopted a liberal nature to ensure the underlying purpose is met and as such no injustice is meted out on workers, especially pregnant workers who have long suffered discrimination at the hands of the law. This paper serves to offer a concurring commentary on the decision delivered by Abella J in Dionne v Commission scolaire des Patriotes 2014 SCC 33, which preserved the right of a pregnant supply teacher to decline work in an unsafe environment as provided by law. The commentary will focus on the major legal issues drawn from the case which are whether; an employment contract existed, as a contract worker the appellant was entitled to either reassignment or prevent ive withdrawal and the appellants refusal to work served as preclusion from the employment contract. This paper is driven by the persuasion that the judge in Dionne v Commission (2014)[1] was right in her verdict as she opted to apply the law by observing its purpose and effect on the broader society. Background In summary, the appellant had worked as a pre-school supply teacher for nearly a year before she became pregnant. Tests conducted by her doctor revealed that she was susceptible to harmful contagious viruses that could be spread by groups of children. Based on this revelation, her doctor completed a Preventive Withdrawal and Reassignment Certificate which attested to her workplace being a health risk. She submitted the certificates to the Certificates to the Commission de la sant et de la scurit du travail and gave copies of the same to the School Board. The Commission found her eligible for Preventive Withdrawal subject to receipt of a contract which it later confirmed to have been formed in November 2006. The School Board, however, appealed to the Commission des lsions professionnelles (CLP) which found the appellant ineligible on the grounds that there was no contract formed as Ms Dionne was unable to enter the school premises. On judicial review, the Superior Court judges upheld the CLPs but for one judge who was of the view that Ms Dionne was only exercising her rights as an employee. Over the years, Quebec has made great strides in addressing as well as refining safety regulations at work. In the 70s, an in-depth consultation process was begun to come up with the required techniques to attain the proper health and safety standards in the workplace. The result was the espousal of the Act respecting Occupational Health and Safety in 1979 with the aim of ensuring health and safety at work as well as eradicating any source of injury or illness in the work premises. The protective measures of this Act urge employers to refrain from exposing workers to harmful working conditions all the while empowering workers to be aware of dangerous workplace conditions and availing them the right to refuse work under unsafe conditions.[2] In Bell Canada v. Quebec (Commission de la sant et de la scurit du travail), [1988] 1 S.C.R. 749, the court held that a refusal to work under unsafe conditions did not constitute a refusal to carry out ones employment obligations. It was merely an exercise of a statutory right.[3] With regard to pregnant women, the law provided for reassignment or immediate withdrawal from an unsafe environment if their health or life, or that of their unborn child, was at risk.[4] These measures allowed women to continue working, or where an alternative assignment was unavailable, to continue earning regardless of their absence from the work premises so as to avoid injustice.[5] Adella J delivered the courts judgment stating that the aim of Quebecs workplace safety laws, as well as complementary legislation on industrial accidents and illnesses, was to ensure financial security for workers who had to result to a Preventive Withdrawal so as to avoid harm at work. The judge was of the opinion that disentitling the appellant from the benefits owed to her, on the grounds that she had refused to enter the work premises, only served to nullify the object of the legislation and penalise pregnant working women for merely exercising their statutory right.[6] It was on these arguments that the appeal was allowed. Analysis The first issue raised in the case is with regard to the existence of an employment contract. In order to determine this issue, there are two questions that should be considered, firstly, who is a worker under the Act and secondly what constitutes an employment contract? Under the Act, a worker is any person performing tasks for an employer under either a contract of employment or apprenticeship regardless of whether they receive payment.[7] It is evident from this explanation that the Act is intent on casting a wide net to encompass as many categories of employees so as to avoid injustice. A contract of employment, as defined by law, is an agreement that enables a person to perform work for pay over a stipulated period of time subject to the control and supervision of the employer.[8] When applied to the case in question, Ms Dionne carried out the task of teaching pre-school children for her employer for most of the school days in 2006. Her work was under the direction and supervision of the School Board, at a stipulated price and over a specified period of time. These facts prove that, as per legislation, Ms Dionne qualified as a worker and a contract of employment did, in fact, exist between her and the School Board. These principles reflect the views upheld by the deciding court in the case study provided, which was convinced that the interpretation of a worker and a contract of employment should have been in a manner that was meaningful and relevant to the particular context and in line with the objective of the Act. The second issue raised in the case study was whether the appellant was eligible for Preventive Withdrawal as well as indemnity under the relevant law. The right to Reassignment and Preventive Withdrawal is provided under ss 40 and 41 of the Act whereby a pregnant worker, after availing a certificate that shows proof that the workplace is unsafe for her or her unborn child, is entitled to a reassignment of duties failure of which she can refuse performance until reassignment or delivery.[9] As it is already evident that the appellant was, in fact, a worker, she was entitled to these rights by law. The third major issue raised was whether the refusal to work in an unsafe environment precluded the formation of a contract of employment. The law provides that, where a worker is convinced of their exposure to unsafety should they perform their employment duties, they are entitled to refuse to perform until the situation is made safer for them.[10] An employer cannot mete out punishment on any worker, either by dismissal, suspension, transfer or any other discriminatory action should they chose to exercise their right as this refusal is not a termination of the employment contract but an exercise of a statutory right.[11] As Ms Dionne was a worker for the School Board, her refusal to come to work did not constitute a failure to perform her end of the employment contract, she was simply exercising her right to Preventive Withdrawal as the institution had not provided any suitable reassignment for her. Critics of the decision, in this case, have stated that the courts finding undermined the CLP and was evidence of the detachment between the law in theory and in practice.[12] However, it is evident that the case has provided a major turning point and relief for cases dealing with vulnerable workers, and most especially women.[13] Up and until the Supreme Court Decision, Ms Dionne, and others like her, were not considered workers for the purposes of Reassignment, Preventive Withdrawal and indemnity.[14] This has since been proved to be a discrimination against an employee which constitutes an injustice.[15] The case will go a long way in ensuring the rights of workers and most specifically pregnant workers in Quebec. Conclusion It is clear that the decision in Dionne v Commission (2014) has been met with both criticism and appraise. This is because the judges approached the interpretation of the law more liberally than their lower court counterparts. The decision was driven by the desire to interpret the law in a manner that was in line with its latent objective which served to cure an injustice rather than propagate one. This ensured, and will continue to ensure, that vulnerable workers, especially pregnant women, are able to access all the rights and benefits available to them in the course of their employment and that their pregnancy is not treated as an inability to perform. Bibliography Bell Canada v. Quebec (Commission de la sant et de la scurit du travail). 749 (S.C.R, 1988). Dionne v. Commission scolaire des Patriotes . 33 (S.C.C, May 1, 2014). AT T Corp. v. Hulteen. 1962 (S. Ct., 2009). Bernier, Liz. "Supreme Court reinforces pregnant worker's right to refuse unsafe work." Canadian Occupational Safety. February 10, 2015. https://www.cos-mag.com/legal/legal-stories-exclusive/4343-supreme-court-reinforces-pregnant-workers-right-to-refuse-unsafe-work.html (accessed September 26, 2016). Cabiakman v. Industrial Alliance Life Insurance Co. 55 (SCC, 2004). Cliche, Bernard, Serge Lafontaine, and Mailhot Richard. Trait de droit de la sant et de la scurit au travail: Le rgime juridique de la prvention des accid ents du travail et des maladies professionnelle. 1993: Yvon Blais, Cowansville. Commission des coles catholiques de Qubec v. Gobeil. 1883 (R.J.Q., 1999). Daly, Paul. "How (Not) to Conduct Deferential Review: Dionne v. Commission scolaire Patriotes, 2014 SCC 33." Administrative Law Matters. May 1, 2014. https://www.administrativelawmatters.com/blog/2014/05/01/how-not-to-conduct-deferential-review-dionne-v-commission-scolaire-des-patriotes-2014-scc-33/ (accessed January 26, 2016). Fernand, Morin, and et. al. Le droit de lemploi au Qubec. Montreal: Wilson Lafleur, 2010. Katherine, Lippel. "Preventive Reassignment of Pregnant or Breast-Feeding Workers: The Qubec Model." New Solutions, 1998: 267. Lallier, Eric. "Supreme Court of Canada: Does a supply teacher's contract also protect pregnant women?" Norton Rose Fulbright. May 2014. https://www.nortonrosefulbright.com/knowledge/publications/116552/supreme-court-of-canada-does-a-supply-teachers-contract-also-protect-pregnant-women (accessed September 26, 2016). Mann Lawyers. "Recent decision on a casual worker's rights surrounding her pregnancy." Mann Lawyers. February 11, 2016. https://employmentlawottawa.com/tag/quebec-pregnancy-employment/ (accessed September 26, 2016). Serge, Lafontaine. Le retrait prventif de la travailleuse enceinte ou qui allaite: qui dcide quoi?, dans Service de la formation permanente du Barreau du Qubec, Dveloppements rcents en droit du travail. Cowansville: Qu.: Yvon Blais, 1991.

Sebastian Henderson Essays (178 words) - North Carolina,

Sebastian Henderson Prof. Browning 2 February 2017 ENG 112-63 ACC Football The Newspaper Publications I've reviewed were The Charlotte Observer and USA Today . The major difference between the two is how they cater to each audience. With the Charlotte Observer the main audience they focused on was charlotte residence and residences of surrounding counties. Throughout the article the Charlotte Observer article it mainly focuses on the impact it will directly have on Charlotte. It goes into in depth detail and describes what exactly this means for Charlotte and the forces of the HB2 bill. USA Today on the other hand, focuses more on the broad aspect of the effects in Charlotte. It covered not only ACC Football but March M adness and other events as well. It also talked about the cities that the ACC Championship could be moving to. It then went in very briefly about the HB2 bill. I feel like as we progress through the investigative article I feel that my writing style will become more aggressive and more persuasive.

Collective Bargaining Units Analysis Essay

Collective Bargaining Units Analysis Essay The Effects of Collective Bargaining Units Analysis Essay Example The Effects of Collective Bargaining Units Analysis Essay Example The Effects of Collective Bargaining Units in the Development of Administrative Policy The effects of collective bargaining units in the development of administrative policy are a sphere of my personal interest. For a long time, residents of the United States, particularly New York City, have become observers and even participants of the mass riots and strikes. They provoked disagreement between the officers’ union, people fighting for equality, and mayor. These events present a basis for the research work. The influence of trade unions on the administrative policy is unconditional. The only question is what the nature of this impact is. In fact, up to this time, careless actions have provoked high costs, inefficient losses on both sides, and the growth of crime among citizens. That is why the question of the influence of collective bargaining units on the policy is relevant and vital. History of the Effects of Collective Bargaining Units in the Development of Administrative Policy For the first time, the term ‘collective bargaining’ was used by economic theorist and founder of the industrial relations field Beatrice Webb in 1891 (Wilkinson, Donaghey, Dundon, 2014). Negotiations are the method by which one can get a tangible or intangible benefit, the meaning of which is the confrontation between the two sides (Jensen, 1963). From the earliest times, in the Scriptures people wanted to form unions and conduct collective negotiations. A striking example of this may be the story of the Jewish people liberation by Moses from the Egyptian oppression. This situation shows the power of unification and the ability to achieve the common goal with the help of a competent leader. Presently, the issue of unification of people is governed by a variety of federal and state laws, and other regulations. The main ones are the Universal Declaration of Human Rights (1948), which claims in Article 23 that â€Å"everyone has the right to form and to join trade unions for the protection of his interests,† and the National Labor Relations Act (1935), which states that an employer cannot refuse union workers. Since these times, almost nothing has changed. In 2000’s, there were attempts to ban the unification of trade unions in several states, but the decisions were non-durable, and referendum annulled them. Since US policy is aimed in full measure at democratization of all sectors, the right for unification of citizens and collective bargaining is carefully protected. Problem Identification The problem of this research is a thorough analysis of the influence of unions on the administrative policy of the region in order to avoid mass demonstrations and frequent violations by citizens. In order to provide valid proposals on how to cope with the situation, there is a need to explore not only the theoretical basis but also its practical implementation. It is also important to look at the situation objectively, regardless of personal beliefs, because there are two sides in conflict, each of them is the right to some extent. It is necessary to understand the motives and expectations of all parties in order to clarify ‘levers of pressure’ to solve the conflict situation. Otherwise, riots and the weakness of power will lead to the credibility of the mayor being undermined. Police will be less vigilant while patrolling the streets because of their personal insults. Such behavior may lead to new protests and the civil war in the worst predictions. First, it is essential to understand the technology of union’s impact on the decision-making. Typically, there are three stages: the formation of the union, collective bargaining, and the influence of using the collective strength. Suppose there is a company in a highly competitive industry; first of all, workers would form a union. Then, a problematic issue arises; for example, when wage increases above the average level, a collective bargaining takes place on this subject. If negotiations are vain, the union uses its power: it organizes a strike (Weldon, 1953). For example, teachers union reached an increase in wages for themselves. Union demands are well founded. The work involves presence of liability and employees performing their duties in good faith. So, raising the level of salaries for teachers is a mandatory measure to motivate employees in the future. Let us start with the first stage. The number of union participants predicts its future activities. Trends are variable. On the one hand, small independent unions are becoming more popular. As claimed by John OGrady (1994), â€Å"unions, particularly those in the public sector, are increasingly forced to organize in smaller units as saturation points are reached in such sectors as education, health care, and local government.† However, some of these unions seek to join the national union, thereby forming a tendency to grand unification (Hebdon, Hyatt, Mazerolle, 1999). There is a clear relationship between the number of participants and union strikes: the more people in the bond, the greater the chance that they will organize a strike. Robert Hebdon, Douglas Hyatt, and Maurice Mazerolle (1999) wrote that â€Å"sympathy strikes and political strikes are undoubtedly less likely in independent unions† (p. 507). Small companies’ hierarchy has few steps, and managers inform workers about the decision-making. So, workers are more likely to operate in a team rather than engage in strikes (Hebdon et al., 1999). In large companies, hierarchization is increasing and management becomes multi-level. As a consequence, it is not always understandable for ordinary workers. Strikes occur when understanding between management and employees is broken (Hebdon et al., 1999). Collective bargaining is the second stage of the unions action. It allows to reach an agreement between employers and employees on a wide range of topics. Initially, all the theories of collective bargaining were based on economic reasons. Of course, the first desire of workers is to have appropriate wages. They also studied the effect of collective bargaining on society as it was a frequent source of demonstrations (Weldon, 1953). Moreover, there is one disadvantage in Webb’ theory: she did not consider the collective bargaining from the standpoint of power of relationships. As a rule, researchers take into account one or two factors, such as economic and political reasons. This approach is wrong because any change in physiological, political, and legal environment modifies the view of citizens on this issue. Therefore, theories of collective bargaining should consider all facets of the phenomenon (Syed, 1970). Anyway, in order for the collective bargaining process to become available, it is necessary to regard such conditions as the economic viability of the region and democratic society within the appropriate legal framework (Syed, 1970). Everyone knows that strikes and demonstrations take place in countries with well-developed economic sector, because there is a large labor market and workers in such circumstances can dictate their terms. In the countries where the economy is not developed, the citizens cherish their work, and they are willing to work even for a meager salary with hope just to feed themselves and their families. As a rule, in such countries, democracy is not developed. As already mentioned, collective bargaining has a different outcome: it can be agreed on in good faith or in the event of a conflict thus provoking strikes and mass demonstrations. Hameed Syed (1970) argues that â€Å"actual settlement or the resolution of interpersonality conflict takes place at the point where both sides reach a consonance in their respective conflict equilibria† (p. 544). It means that the facts of confrontation should be examined in order to understand the expectations of both sides and a way to meet their needs. If two parties cannot come to terms, they involve an independent third party that takes an objective decision and acts as an intermediary between the two (Syed, 1970). The mechanism of influence of unions is the same as in the vast majority of one individual firm and in the whole country. In order to demonstrate the full effect on administrative policies, there are two real examples: one of them is historical, the other two are modern. So, on March 2, 2011, the Ohio Senate passed a law that limited the rights of unions for collective bargaining and strikes (Ariosto, 2011). Therefore, teachers, firefighters, police officers, and other civil servants were deprived of the opportunity to demand better wages and health insurance. Also, workers were limited in terms of the vacation duration and a need for legislation due to the fact that such actions would slow the growth of taxes, because civil servants lived on money of taxpayers and ‘abuse of their rights’. However, the opponents of the decision made the referendum which repealed the law in November 2011. Nevertheless, even for a short time, officials managed to limit the rights described in the Universal Declaration of Human Rights. Surprisingly, this example was followed by several states such as Wisconsin and Indiana (Ariosto, 2011). The second incident began in 2014; its essence is the confrontation between the police union and the mayor of New York, Bill de Blasio. It all started with the death of Eric Garner on Staten Island when the white cop applied banned rear naked choke to Akai Gurley, the African American who resisted the arrest (Susman, 2015). Indignation of the masses in regard to racial discrimination was growing as the number of demonstrators. Everything exacerbated when de Blasio publicly supported the demonstrators and said that he was surprised that police officers did not arrest his black son. These events provoked growing dissatisfaction among people; as a result, the conflict reached its extreme point before the murder of two police officers, Rafael Ramos and Wenjian Liu. They were killed by Ismail Brinsley, the African American who was converted to Islam (Lowery Kindy, 2015). Then, the president of the police union, Patrick Lynch, said that the mayor of New York had blood on his hands. The co nflict continued when police officers turned their backs to the mayor during the proclamation of his speech at the funeral of the deceased (Lowery Kindy, 2015). Order in the city has been violated; constant demonstrations and violations keep occurring; the conflict has further divided the city into ethnic groups. However, the parties are not in a hurry to reconcile. Liberals believe that the conflict is related to money matters, and all the discontent is an attempt of police union to achieve the best conditions for the collective agreement. Therefore, the officials do not make concessions, although previously the mayor made generous contracts with teachers unions and municipal employees (Fermino Otis, 2014). Recently, the confrontation between police union and the mayor has gone to a new level. Now, police officers do not criticize publicly the activities of the mayor and perform their duties, and the mayor is trying to find a solution to the conflict using a system of carrot and stick. A third example is the situation in St. Louis in January 2015. There was a meeting on the issue of the new Terry Kennedy’ bill about how to install the Citizens Council to oversee the police of the city, which would have the authority to investigate allegations of police misconduct (Bamforth, 2015). This is done in order to mitigate a growing discontent between the police and citizens in connection with protests in Ferguson due to the fact that a white police officer Darren Wilson shot and killed an 18-year-old African American Michael Brown and was not convicted for it. The discussion lasted about an hour, but after the police opposed the creation of the Council, riots broke out. The situation was aggravated by the behavior of business manager of the St. Louis Police Officers Association, Jeff Roorda, who brought to the meeting a striking bracelet with the words I Am Darren Wilson. As a result of the unrest, meeting was closed, and the bill was not passed (Bamforth, 2015) Administrative Application I suggest three options to influence the situation. It is believed that the main problem lies in the content of laws and irresponsible policy in regard to them. In fact, the police officers perform everything in accordance with their official duties, and negligence of politicians in drawing up the legislative framework leads to delinquency. This opinion is shared by Eugene ODonnell, a professor at John Jay College of Criminal Justice and former NYPD officer. There is an assertion that small independent unions are less prone to strike (Hebdon et al., 1999). Moreover, if the government does not find other way, it should amend the laws governing the number of people in the unions. Therefore, the rights of people to participate and join the union will not be infringed, but their number will be adjusted. Consequently, the union would have a local character that would irrevocably affect the problem of frequent strikes and demonstrations. Finally, engaging of a third party as a mediator between the parties will help them reconcile, install all the facts, and issue a verdict as soon as possible. Some citizens offer Rudy Giuliani as the third party (Hebdon et al., 1999). Biblical Perspective There are many theories regarding workers unions and collective bargaining, but the most ancient source of this knowledge is considered to be the Bible. First of all, the Bible says that the workers must carefully perform their duties to the employer: â€Å"Servants, be obedient to them that are your masters according to the flesh, with fear and trembling, in singleness of your heart, as unto Christ† (Ephesians 6:5) as well as â€Å"with good will doing service, as to the Lord, and not to men† (Ephesians 6:7). Consequently, workers should not think about improving comfort but put a high value on the duty. They should see the work as the service of God through the conscientious performance of their duties. However, it is necessary to obtain a reward: â€Å"And in the same house remain, eating and drinking such things as they give: for the laborer is worthy of his hire. Go not from house to house† (Luk 10:7). The Bible is a holy book, but its meaning is hidden; so, it is gradually opening to mankind. However, it can be argued that the Scriptures do not support large associations, including trade unions: â€Å"Woe unto there that join house to house, that lay field to field, till there be no place, that they may be placed alone in the midst of the earth!† (Isa. 5:8). The fact that unions usually try to dictate their terms to the employer is considered wrong from the standpoint of the Bible. For employers, the Bible keeps other advice: do not skimp on pay for honest work. In James, the author warns wealthy Christians: â€Å"Look! The wages you failed to pay the workers who mowed your fields are crying out against you. The cries of the harvesters have reached the ears of the Lord Almighty† (5:4). Commentary Being an observer in this situation, the best solution is to regard all the mistakes and victories of each party. People should realize that police officers are servants of the public. This service was created with the thought for the welfare of citizens and their safety. First of all, officers are people who do their duty. Citizens can protest at any sort of topic, but the expression of their emotions should be peaceful; if it is so, the police will even help. However, when people move these legal boundaries in favor of false quest for freedom, the officers have to stop these attempts. Demonstrators should understand that their power is not only in unity but also in sober mind. Instead of showing their dissatisfaction against all adopted decisions, they should consider proposals on how to cope with the problem. All civic indignation boils down to the question of racial discrimination. Indeed, it is a problem of our society, and the US is doing its best to resolve the issue. Politicians create a regulatory framework that regulates the mechanisms of relationships among people in all spheres regardless of race. The police does the will of the law. Moreover, change takes time; nothing can be changed in a moment. In addition, it is necessary to take into account another factor, the consciousness of the people. In fact, there is one law for all citizens, and the people who disobey it should be punished regardless of their nationality. All violators must be punished equally. If statistics shows more detentions among African Americans, for example, it only testifies that some people of this ethnic group have a propensity to violate law and order. Policemen may make a mistake when forming biases, and this error should be corrected. One can understand the mayor as well as the police. In fact, he is only one man who bears responsibility for the behavior of all citizens in the city. Moreover, the solutions to the problems are difficult to implement due to pressure from protesters and police union People should realize that there are plenty of areas in the life of the city which require immediate attention and solutions. Naturally, the decision should be made quickly and decisively without relying on the fact that the problem may get resolved on its own, and de Blasio seems to exclude such an option. Therefore, collective bargaining is a means of alliance to achieve better working conditions for the employees. Sometimes, the process develops into loud strikes and demonstrations under the influence of external circumstances, and then, the politics direct all strength to solve the problem. Occasionally, civil disturbance provokes frequent offenses, crimes, and even bloodshed. As we know, a large crowd becomes uncontrollable. For this reason, this area needs to be carefully studied to avoid similar incidents in the future.

Sociology Dissertation Essay Example | Topics and Well Written Essays - 8500 words

Sociology Dissertation - Essay Example This research study proposes to examine the rising incidence of obesity within a social and environmental context by applying sociological theories. Where obesity is concerned, the media has been attributed a significant proportion of the blame, because it propagates a sedentary lifestyle which contributes to obesity. In addition, unhealthy foods are advertised on TV, as a result of which children are influenced into unhealthy eating patterns from childhood, which in turn lead to obesity. Since obese children are likely to grow into obese adults, this research study will focus on the impact of the mass media in contributing to obesity in children and influencing their body image. The Dissertation will be divided into four chapters. The first chapter will provide a general introduction to the study, the methods used and limitations. The literature review till comprise the second chapter. The third chapter will describe the methodology used and the fourth and concluding chapter will present the results that are obtained. Broadly, the subjects to be covered in this study include the causal factors in obesity and suggestions that have been made by researchers to deal with the problem. Sociological theories will be assessed and the most relevant ones will be applied to the problem of obesity. Media theories will also be examined in the literature review, to the extent that they may be relevant in the context of obesity. Research carried out by other researchers into the impact of the media and its influence on eating habits, especially on children will also form a part of the literature review. Examining the impact of social and environmental factors on obesity is a broad ranging issue, which may not lend itself to adequate coverage within the scope of this limited study. Therefore, it is proposed to narrow down the scope of the study to obese children and

Analyze one song Essay Example | Topics and Well Written Essays - 1000 words

Analyze one song - Essay Example The key is to critically analyze and determine why songs impact us the way they do. To demonstrate this point, this student will analyze the song â€Å"Always Remember Me† by Ry Cuming. The specific aspects that will closely look at involve the songs instrumentation, lyrics, and electronic production. When analyzing any given song, one needs to look at how the instrumentation employed impacts the listeners’ mood as the music fills their ears. No matter how impactful the lyrics of a song might be, it is of little use if the musical content does not work. It would be similar to a car having a perfect engine, yet no tires. This particular song has instrumentation that truly seems to place the listener into the music studio of Ry Cuming. Viorica Barbu-Iurascu reminds us that â€Å"Music is the metaphysical counterpart to everything physical† (170). Perhaps like no other media, music transcends us to another place. We can leave the world behind as our consciousness be comes completely involved with the music that is playing within us. Naturally, some musical composers accomplish this transformation to the metaphysical world better than other, but this is still the aim of the musician. Music becomes an art that must be studied and examined closely to truly appreciate its beauty. â€Å"Always Remember Me† is composed of music that represents the lyrics being sung. The musical arrangement of this song begins with a softly playing guitar. This immediately sets the tone for what is to come by providing the listener with a soothing introduction into the lyrics to come. In essence, this opening prepares all who listen to relax, settle down, and be moved by arrangement. Without this type of opening, the song would not be nearly as effective in transforming people to that metaphysical realm that Iurascu talks about. As the lyrics begin to be sung, something interesting happens. The guitar playing moves softly to the background. When lyrics are not being sung, the guitar once again becomes the centerpiece and gradually becomes louder. Reflecting upon this, the author feels that Cuming has done an effective job at using the instrumentation to be a focal point of the song. Whereas most songs rely on the lyrics and the rhyming of such words, this particular artist seems to be more focused on allowing the guitar to speak to the listener. The softly playing melody really rocks most who listen into a new arena and a new realm of thinking. It is almost as if the old adage ‘forget all of your troubles for the moment’ rings true with this song. The music has a way of comforting and soothing the soul. The arrangement does not ‘jar’ the listener awake, rather it allows them to sit back and really be metamorphosed into another place and time. It is common to want to analyze the lyrics in a song. We seem to be obsessed with trying to understand what the artist is trying to say through his or her music. Analyzing m usical lyrics, however, must go deeper than merely just trying to understand what the words mean. As Katrina McFerran writes, â€Å"Lyrics are not simple statements of information; they are creative and multifaceted expressions of experience† (38). So, as one seeks to analyze the lyrics of any given song, they must move beyond simply trying to ‘understand’ what the words mean and move into the realm of experiencing what moved the artist to write the words in the

Objectives Of Criminology

Objectives Of Criminology A key aspect of criminology is the study of criminals and individuals who partake in criminal activities. However, what has remained extraordinary is the lack of interest that has been placed upon studying crime in relation to social demographic profiles, especially those regarding gender within traditional criminology. It was not until the 1970s that such issues were addressed as Feminist criminology sought to challenge traditional theoretical approaches to an understanding of the relationship and nature of women, crime and criminality. As Smart (1976; 2) explains; Our knowledge of the nature of female criminality is still in its infancy. In comparison to the massive documentation on all aspects of male delinquency and criminality, the amount of work carried out in the area of women and crime is extremely limited. Why has such a situation occurred? What has been regarded as the general relationship between taking precedence of studying male criminality over female criminality? Firstly, official statistics, such as the British Crime Survey and the Criminal Statistics for England and Wales, have consistently concluded that men are the disproportionate majority of criminal offenders, and that women only represent a very small majority. Although this does not signify that criminal offences are only subjected to men; when women do commit crimes, they are likely to be less serious in nature than those committed by men (Jones 2001). Such views are open to debate and scrutiny, as shall be explored later on, however it is generally the social view on how men and women fit into such statistics analysis. For example, of all criminals that were sentenced in 2006; 1.42 million, approximately 80% of these were men (National Statistics 2008). Secondly, most criminologists over the years almost exclusively be fore Feminism came into mainstream criminology, were in fact men who wrote extensively about male criminality (Cullen and Agnew 2006). Consequently, this has illustrated criminology as a male orientated and patriarchal discipline, as Britton (2000; 58) notes; criminology remains one of the most thoroughly masculinised of all social science fields. These have led to stereotypical views of criminals whereby the man is often portrayed as being the offender, what is usually referred to as hegemonic masculinity (Newburn 2007; 315), while the woman fits the image of being the victim of crime. These alone are enough reasons to ponder and contemplate the status and position of women within criminology. Have women been neglected from traditional criminology then? Or have their studies merely been overshadowed the sheer dominance of men? Is this to assert that traditional criminology has failed to make a single contribution to an understanding of the nature of female criminality? What has been done in an attempt to alleviate such marginalisation and disregard for women? What implications has the emergence of Feminism had, not only on the discipline, but also in areas relating to policy making and the criminal justice system? This assignment aims to offer a critical discussion regarding traditional criminologys contribution towards an understanding of female criminality, the means in which women are presented, Feminisms attempt to challenge such perspectives, and their attempt to rationalise women and the issue of gender equality within mainstream criminology. Great scientific advancement during the 19th century had a profound impact on the means in which crime and criminality was to be studied (Jones 2001). This new approach came to be known as Positivism a term coined by Auguste Comte to mean the scientific study of society, with the objective of establishing the relationship of causes and effects (Walliman 2006; 15). It held the principle that it was possible to study the nature of all phenomena on the basis that a scientific method was to be applied as its methodology. It is from this discipline that traditional criminology emerged, often referred to as Positivist criminology the scientific study of crime. This perspective claims that criminal behaviour is deterministic; that there are factors beyond and external to the control of the individuals, be it biological, psychological or sociological factors, that influences individuals, and are thus responsible for their engagement in criminal behaviour (Newburn 2007). As a result, there are explicit and clear differences between those who commit crime, usually pathological, and those who do not (Smart 1976). Rather than the criminal act itself, Positivist criminology is concerned with the very nature of individuals, predicating that this would eventually lead to a treatment of those engaging in criminal acts (White and Haines 1996). One of the very first studies on female criminality was proposed by Lombroso and Ferrero in their 1895 work entitled The Female Offender. They were greatly influenced by Darwins theory of evolution and applied a biological framework in their attempt to explain the relationship between women and crime (Jones 2001), arguing that it was biology that was the key determining factor that led women to engage in criminal offences (Newburn 2007). This was done through their concept of biological atavism (Klien 1973; 183), claiming that all criminals were characterised by a lack of advanced human development, and thus were more primitive in nature than non-criminals. It was this that differentiated deviants from the ordinary citizens (Heidensohn 1996). Their study of female criminals and prostitutions through detailed examinations of their photographs, brains and bones as done with the aim of discovering characteristics which were more in common with the criminal type. However, there seemed to be an inconsistency between the claim that all criminals are biological throwbacks from an earlier evolutionary stage (Smart 1976; 31), and their attempt to find such atavistic traits within the population of their research. How could they explain such a discrepancy? Lombroso and Ferrero argued that there were significantly fewer born female criminals than males and that they displayed fewer signs of degeneration (Newburn 2007; 301) because of their lack of evolution as opposed to men. In this sense, white men were regarded the being the most advanced form of evolution, and non-white women comprised the least advanced; women are big childrenà ¢Ã¢â€š ¬Ã‚ ¦their moral sense is deficient (Lombroso and Ferrero; 151 cited in Heidensohn 1996; 114) . Consequently, due to their more primitive nature than men, women had greater capacity to diverge in devious and criminal behaviour without being obviously visible or noticeable, while attempting to discover criminals within the male population was deemed as a very much easier task (Smart 1976), They observed it incontestable that female offenders seem almost normal when compared to the male criminal, with his wealth of anomalous features (Lombroso and Ferrero 1895; 107 cited in Heidensohn 1996; 113). Both had claimed that women were biologically inferior to men (Klien 1973; 185) to men. Having argued that women were naturally passive and had been culturally evolved for the duty of childrearing, this was seen as a reflection of their conservatism and were regarded as being generally much more law-abiding citizens than men. Thus they were deemed highly unlikely to enter the realms of criminality (Smart 1976; 32). Female offenders were thus labelled rare, an occasional rather than a born criminal. There existed greater stigma and shame on the criminal woman than on the criminal man, due merely to the fact that she was female. She was perceived as being unnatural, masculine and potent who lacked her passive role and maternal instinct; female offenders where going against conventional and traditional norms and values of society; an inversion of all the qualities which specially distinguish the normal woman; namely, reserve, docility and sexual apathy (Lombroso and Ferrero 1895; 297 ci ted in Heidensohn 1996; 114). Lombroso and Ferrero concludes by arguing it is not only the biology of women that fundamentally forbids them to engage in crime, but social expectation of women and their perceived social roles, are it seems, lies as an antithesis for criminal involvement (Smart 1976). Otto Pollak, in The Criminality of Women (1961), argued that what seems to be relatively low crime rates for women are in fact a misrepresentation of the relationship between gender and crime, claiming that female crime has been vastly under-estimated (Pollak 1961; 153 cited in Heidensohn 1996; 118). After studying crime rates across European countries, he argued that for both men and women, their crime rates were actually very similar, despite against such an assumption. Subsequently such statistical data concealed the true extent of female criminality and was deemed be unreliable, to which Pollak argued was the result of hidden female crimes that generally went unreported and undetected because of the nature of their physiology (Klien 1973).