Explosion Of The Digital Era Public Relations

Explosion Of The Digital Era Public Relations Public Engagement is a modern paradigm in the PR context and sets out how professionals should be listening and engaging with their key stakeholders in the 21st Century. Marshall Manson, Director of digital strategy at Edelman UK, describes the terminology as advancing shared interest moving from an influence pyramid to a world of cross-influence (pg 5). According to Edelman there are four attributes of Public Engagement; it aims to be democratic and decentralized, inform the conversation, call for engagement with stakeholders and finally make it clear how reputation is important. Public Engagement has to work in all four areas (Richard Edelman, 2008). Trust building both internally and externally, reputation management and transparency are the hallmarks of successful PR initiatives besides positioning the CEO. Jean-Jacques Rousseau, John Stuart Mill and G D H Cole (1968) came up with the term Participatory Democracy, which was the forerunner of Public Engagement. Mills supported a representative government with some form of public participation but on a limited scale. Wholesale participation could endanger political decision making and hence democracy. (Pateman1970) Engagement in politics had been regarded as reactive but it is now perceived as proactive. Dialogue and engagement with all parties is important to prevent loss of public trust (Edward Andersson, Simon Burall Emily Fennell, Involve 2010). The Big Society introduced by David Cameron 19 July 2010 sought public dialogue and involvement in decision making. Business and government rely on PR to establish trust and dialogue. Public engagement, like any conversation, is all about listening. Our world can be likened to a conversation and in order to be successful we need to listen ( Richard Edelman 2008). New technology has presented the public with effective tools for engaging in these conversations at a level never experienced before. A white paper published by Arthur W Page Society (2007) is a good example of how Public Relations practitioners and company leaders must change their strategies and business goals to be more authentic in the 21st century. The study looked at how CEOs saw their roles change with the culture of the environment. Environment is changing because of the emergence of all things digital, a global economy and a new breed of stakeholders. However, what it fails to do is to provide a way that can be used to enhance the role of the communication department in the future. According to the paper it believes that communication departments have lost control. In order to move forward they must adapt to new technologies, audiences and engagement models. Transparency is a key part of performing well in the 21st century, it encourages trust on behalf of employees and the public and is in demand more than ever (Michael Smith, Richard Hunter, Ken McGee, Gartner 2010). Public opinion surveys have confirmed the need for transparency in business and managing trust (Grunig, J.E 2009). For organisations to succeed in Public Engagement, they need to be informed, transparent, prospective and adaptive to their key stakeholders (Royal Commission on Environmental Pollution, 2008). Prior to current publications on Public Engagement, the term was mainly connected to the science world. A report written by Demos (2009) stated that the UK was now seen as a leader in public engagement within the science world. Public Engagement, it argued would only work when interest groups were included. Matthew C. Nisbet Dietram A. Scheufele (2007) argued that communication must be accessible to all sections of society. Advocacy, a term used by PR company Weber Shandwick, is defined as Public relations caught the first wave, the adoption of new technology to spread information But that first wave, sharing information with more segmented audiences, is cresting. A new one, a fundamental transformation of communication from information to advocacy, is rising (Jack Leslie, Chairman, Weber Shandwick Worldwide). It argues that personnel engagement is needed in order to be able to communicate with their audiences. It is evident that universities are becoming involved with the term Public Engagement. The National Co-ordinating Centre for Public Engagement (NCCPE) is part of the Beacon for Public Engagement project. Their aim is to encourage a change in how universities engage with the public and their stakeholders. ___________________________________________________________________________ Social Media Traditional PR skills are still helpful in bringing transparency to communications with stakeholders (Schlesinger 2010) but the introduction of Web 2.0 technologies has changed the world of communications for PR (Pavlik 2008) and Philips and Young (2009). Grunig, J.E (2009) noted that digital media has the potential to make the profession more global, strategic, two-way, interactive and socially responsible (pg 1 Paradigms of Global Public Relations in an Age of Digitalisation). However, he comments that this new media is being used ineffectively by practitioners. Some are using it, as they did with the old media, as a place to write messages rather than using it to interact with the public strategically. Grunig (2009) concludes that it can only be used effectively if social media is used to its full capacity. Public engagement has created new networks of influences and special online forums leading to a world of communication through Blog, Twitter and Facebook among many, impacting all walks of life (Edelman, 2009.) In 2009, 625 million people worldwide had access to the internet (McCann 2009). Sharing of social networking sites has created huge paradigms for PR. It has increased challenges for organisations for the crucial role played by transparency, quickness and clarity in response (Pavlik 2008). The rise in digital interaction and the surge in social media present the practitioners with enormous opportunities. According to McCanns Wave 4 report (2009), social media platforms are becoming the norm to create and share. In his study he noted how they presented unique opportunities to listen and observe. One way messaging is now outdated and anyone understanding this new communication world will succeed (Weber Shandwick). It is important to recognize that social media is also important within organizations, encouraging employee engagement. Enterprise 2.0 is a form of web 2.0 which is used for businesses only. They provide services such as Yammer, a corporate version of Twitter, and Chatter- a social-networking service (Economist 2010). According to Mashable (2010) the top five engaged brands in social media are Starbucks, Coca- Cola, Oreo, Skittles and Redbull. Starbucks have created a digital platform for the participation of public through My Starbucks Idea for communicating with customers by just listening to customers suggestions. Companies are benefitting from listening and improving their services for all stakeholders including customers. Richard Sambrook (the former head of BBC news) believes that every company should be a media company he says. Big companies are going directly to the consumer to engage them now, rather than through display or spot ads and the traditional means of trying to reach consumers. You cant just be out there shouting at people about your brand, youve got to engage with them quite carefully PR is there to help organisations to be honest and engaged with the Public in this new age of media and should not spin stories to the press (Independent 2010) A Stakeholder can be defined as anyone who is affected by the actions arising from any organisation, whether a public or private entity. When engaged, stakeholders can provide organisations with valuable feedback on society expectations leading to the generation of creative solutions and earning the organisation valuable stakeholder support (Lawrence Weber 2008). With the advent of technologically enabled tools there has been a democratisation and socialisation of the media leading to a greater involvement by all participants. Breaking news is today likely to be captured first on Twitter, or the like, rather than a news agency (WrightHinson 2009). This in turn has necessitated greater transparency and in turn enhanced the role of PR professional teams in the management of organisations day to day operations. The status of employees and customers has now been placed on an equal footing with shareholders and other governing participants. (Authentic Enterprise 2007). Evolving through p ublic engagement, the corporate communication function is set to play the role of catalyst in this new environment and the PR practitioner can help empower corporate culture and stakeholder confidence (Miller 2010). At a local level internal communication has become more significant in shaping the management and image of organisations (Authentic Enterprise 2007). Trust is a valuable commodity which needs to be nurtured; in times of crisis the trust relationship will play a significant role in shaping the outcome of adverse events. Encouraging a listening culture within management will enhance the perception of trust (Mazzei and Ravazzani 2010). This is a function that PR needs to develop to accommodate changing communication platforms and models. Strategies need to consider the social and behavioural changes brought about by the internet. There have been many communication models put forward over the past 60 years the principal ones being the Shannon and Weaver model 1949, Shramms Interactive Model 1954 and Grunigs and Hunts 4 Models (1984). It is important to look at communication models to see whether Public engagement is a new paradigm or simply an extension of these. Shannon and Wavers (1949) Mathematical theory of Communication is accepted as one of the most important models from which communication studies has grown ( Johnson and Klare 1961), albeit biased towards the technical aspects of communication research (John Fiske 1982). In contrast to the above models Schramm went on to create his model which emphasised two-way communication (1954) and introduced the concept of feedback. In problem solving scenarios open ended questions need to be asked in order to gain feedback and results. The two-way symmetric model, Grunig and Hunt (1984) is probably the most popular and widely used in todays PR industry. This model is described as being one that can build relationships and resolve conflicts. It is where the stakeholders have a say in what an organisation does and can have some power over policies. This model employs research, listening, and dialogue as tools to cultivate relationships with both internal and external strategic parties. Pieczka (1996) criticised the model as she felt that the study was biased to the two way symmetrical model and questioned the validity of his model. According to Phillips and Young( 2009),social media is causing a new communication paradigm. They believe that communication is shifting from the traditional hierarchical arrangement to an audience model encouraging horizontal discourse. This is confirmed by Edelman (2009). A further study by Grunig developed a model for excellent public relations ( Grunig 2002 ,Grunig Dozier ) It was found that the most successful PR departments took part or contributed to the strategic decisions of the company. Once stakeholders had been identified the study showed that successful PR departments developed programmes to communicate with them. According to Grunig (2002.) Excellence is seen as the balance between an organisation and the public. It was seen as the management of communications on a level that aided the strategic management role whilst maintaining the attention and cooperation of the public. As such the PR role was enhanced and perceived in commercial terms whereby long term relationships could be forged between strategic parties. Philip and Young (2009 ) argued that the new PR challenges the Excellence model. LEtang (2006) was also critical stating that the power imbalance between organisation and public was a flaw in the theory of two-way communication. However Grunig insisted that the model was revised over the years. There appears to be a gap in communication models in regards to Public Engagement although Grunigs fourth model is possibly the closest to it. It is evident that a new model of PR is needed. Whether it is to be called Public Engagement is something which has to be decided.

Essay --

In the The Forgotten Plague: Opium and Narcotics in Korea under Japanese Rule, 1910-1945, John M. Jennings argues that opium and narcotics trafficking played a significant part in Korea under Japanese colonial rule from 1910-1944, and that the subject of opium in Korea under Japanese colonial rule is not fully examined by historians. Jennings bases this connection between the opium and narcotics trade and the Japanese on three factors: the spread of drug addiction in Korea during Japanese colonial rule, Korea's rise in production and exportation of narcotics throughout the 1920s and 1930s, and the political immunity of Korean drug traffickers in China. In the first part of the article, Jennings emphasizes how Korea was forced to deal with a major domestic drug addiction problem under Japanese colonial rule. The article highlights how opium first arrived in Korea from China, and that opium smoking has long been a widespread habit in Korean society. By I905 there were so many opium addicts in Korea that the Japanese Residency General had to force the Korean Government to stop the problem. This resulted in harsh laws condemning opium smoking, the importation and sale, as well as opium paraphernalia (Jennings 797). The article does a good job of emphasizing to the reader that these new laws were ineffective because opium smoking endured throughout the early stages of the Japanese colonial period. Jennings references how in 1912 the Japanese government was required to enforce a new law in which Korean opium smokers were punished under the same level of severity as if under Japanese law to discourage the widespread usage of opium (Jen nings 797). According to Jennings, Korean addicts were only permitted to continue smoking if the end... ...elf states many times in the article that he wishes to shed much needed light on an ignored aspect of imperial Japan's actions in Korea. This article contributes to the wider literature because it introduces the reader to the effects of Japanese colonialism in Korea through the analysis of primary source documents, first hand experiences, and expert opinion. My experience has shown that little is mentioned in textbooks and resources to cover the topic of Korea under Japanese colonialism other than the dates of annexation and the date of emancipation. This is a very good article for readers and scholars to compare with Western imperialism material. Furthermore, the Japanese occupation of Korea from 1910 to 1945 went through several overlapping phases, this article touches on many of those political, social, and economic changes occurring in Korea during this period.

Post Conflict Reconstruction and the Resurgence of Supposedly Resolved Territorial Conflicts Essay

Beyond the rhetoric of traditional causes of conflicts which intermittently are also at the root cause of African territorial civil conflicts, this paper examines the question as to why conflict resurges in states where conflict has previously been resolved. From the perspective of two major theoretical frameworks in International Relations: Liberalism and Realism, this paper argues that mechanisms for conflict resolution are often short-termed and often not home-groomed to accommodate the needs of citizens emanating from a civil war. Liberals argue that this is primarily a failure of cooperation between external and internal actors or stakeholders in the peace process. To them, this lack of cooperation generates economic problems and inhibits mistrust which is the embryo for conflict resurgence. In contrast conflict resolution fails primarily as a result of factors emphasized by Realism. The conflict may not have been ripe for resolution because the practical meaning of recognition revealed large gaps between the ways that the parties defined their core interests. Against this background and given the depth of antagonism between the DRC government and MONUC on the one hand and rebel movements on the other, economic wealth of the Congo has failed to generate support for the peace process. Instead, it increased friction and placed additional political obstacles in the way of compromise. The paper also examines the potency of peacekeeping as a vehicle for conflict resolution. It argues that the design and conceptualization of peacekeeping albeit structural challenges like inadequate resources, ill-equipped personnel and lack of a clearly defined and sustainable vision are at the bedrock of cyclical conflicts. In examining the role of MONUC and other interveners in the Congolese peace process, the paper engages a conceptual thesis which seeks to clarify the difference between peacekeeping as a mediator, meddler and interventionist in African civil conflicts. This clarification will inform conceptual thinking on the potency of peacekeeping as a vehicle for the resolution of civil conflicts. The conflict in the Democratic Republic of Congo (DRC) is one demonstration of the fragile nature of post conflict reconstruction and speaks to the need to step-up conflict prevention strategies to meet current challenges which have given rise to new trajectories to territorial conflicts in Africa. Despite deploying a Peace Mission to the Congo (ONUC)[1] in the 1960s, and despite currently harboring the largest and highest funded United Nations Peace Operation (MONUC);[2] the United Nations (UN) is still finding it difficult to bring an end to the territorial conflict in what is regarded as the site for the world’s worst humanitarian conflict. The conflict, therefore, seems to protract with each renewed effort to resolve it. Following field visits, extensive reading on the Congo and interviews with conflict analysts and residents of the DRC, this paper assesses the viability of peacekeeping as a measure for preventing the resurgence of new territorial conflict. While most interviewed are of the view that the challenges of the DRC peace process are enormous and complex, this paper interrogates the role of MONUC as a conflict prevention mechanism, and its effectiveness in sustainable peacebuilding in the Great Lakes region. The paper enriches conceptual thinking with the view that peacekeeping as a form of external intervention has the capacity to support fragile states in their peace building process, and to check prospective territorial conflicts if certain requirements are met. Preliminary investigations indicate that, contrary to previous research which posited political, natural resource and cultural underpinnings as causes of the current DRC conflict, the lack of a clearly defined plan to stop hostilities in the East can largely be accountable for the cyclical violence. Contrary to expectation that following the 2006 DRC election, the fragile Congolese state had attained sovereign maturity to govern itself with limited external support, this paper posits the need for dedicated and timely funding to a new mediator who will engage a five-phased peacebuilding process which will re-orientate existent theoretical and pragmatic processes of conflict prevention, and define succinctly, through policy recommendations, a new direction for the prevention of territorial conflicts. Following this introduction, the next section will explore the causes of territorial conflicts in Africa and elsewhere. This section engages a brief differentiation between causes of conflicts and causes of conflict resurgence with the view of demonstrating that if one cannot prima facie understand the causes of conflict, its resolution attempts will be flawed and such attempts will serve as the corner stone on which prospective conflicts will be erected. Section two will engage a theoretical overview of causes of conflict resurgence. This section will examine causes of conflict resurgence as propounded by two main schools of thought of International Relations: Realism and Liberalism. Following this, tools of conflict resolution will reviewed with principal focus on peacekeeping. The Section will trickle down to a case specific analysis of whether peacekeeping as a tool for conflict resolution is a byproduct of intervention or mediation, and whether in the exercise of their craft, peacekeepers qualify to be called mediators or would be considered meddlers. This section argues that, between 1999 to 2006 when the first democratic election in the Congo was organized, MONUC could well be considered as a mediator, but following that period, MONUC till date (July 2006 to 2010) she is a meddler in the peace process which is largely driven by the rapprochement that was reached between the DRC and Uganda on the one hand, and the DRC and Rwanda on the other. Causes of territorial Conflicts in Africa There are contending theories as to the causes of territorial conflicts. Conflicts seem to have a litany of literature compared to other subsidiary topics of International Affairs and African studies. Scholars have thus far not been able to see the divide between causes of territorial conflicts and conflicts which ensue from the impotency of mechanisms tailored to resolve them. As a result, there is no dearth of literature on the causes of conflicts but one hardly finds any one who has contended that an ineffective resolution strategy could spark new trajectories to conflict. Existing literature on causes of conflict is sometimes limited in scope to address on causes in particular. Adekeye Adebajo has articulated political and cultural underpinnings to be responsible for conflicts. 3] This could hold true for the Sierra Leone conflict but in the face of global adversities, his speculations stand to be criticized because other conflicts like the Rwandan genocide emanate from imbalances in the distribution of economic, political and social resources. Moreover, the ongoing Sudanese conflicts have religious/and or ethnic undertones with no element of cultural or political formulations which equally go along way to excavate the lacunae in Adekeye’s speculations. Paul Collier holds the view that conflicts are fuelled by economic considerations. He posits that most rebel organizations cling onto the idea of grievances in order to elicit more public support for their cause. In his hypothesis, he contemplates that a state with superfluous resources, increasing working-age population, and high unemployment rate is most likely to harbor conflict. His hypothesis, though true for many conflicts that have plagued Africa does not explain other cases in Africa. For instance, former British trusteeship of Cameroon fondly known as Anglophone Cameroon has been wailing for a fair share of economic, political, social and natural resources of the country. Despite this, discontentment has not resulted to war or any from of concrete violence as has occurred in other countries. This phenomenon consequently makes Collier’s assertions fluid. Summarily, Collier, Eboe Hutchful and Kwesi Aning argue that there are countries that have experienced conflict where natural resources were not articulated as the source of the conflict. They cited the examples of Chad and Ethiopia. [5] They acknowledged that some conflicts have been fueled by purely non-resource driven motives resulted. This is true with the cases of Angola, Afghanistan and Sudan. They, however, conceded to the fact that in the conflicts in Liberia, Sierra Leone, and the Democratic Republic of Congo (DRC) resources were one of the stimulants among other elements. They tried to strike a balance by postulating that the end of the Cold War culminated in the proliferation of arms, and ineffective post conflict demilitarization, demobilization, and reintegration of ex-combatants which culminated in an outburst of wary and distressed combatants resulting several coup d’etat putsch attempts. While one may agree with the grievance theory, the million dollar question is what are people aggrieved about as to resort to conflicts, destruction of property, murder and assassinations? Is it about Governance? Is it distribution of resources? The answer is definitely far from the propositions of the aforementioned scholars. Because some countries have resource crisis and mismanagement, repressive regimes, and poor governance, but know no conflict. This therefore suggests that there is yet an unknown cause of conflict, and this cause is probably one that cuts across all conflicts. The present paper contemplates that inefficacies in the mechanisms for resolving these conflicts could be the brain-child behind the cyclical resurgence of conflicts in states previously hit by territorial civil wars. William Reno on his part contends that internal warfare is motivated by economic considerations especially with regard to the intensification of transitional commerce. He argues that there is a relationship between corruption and politics. According to Reno, conflict is bound to rise where a ruler makes life uncomfortable for his citizens by encouraging the search of his espionage as a means of escaping from squalid conditions. Reno in his postulations contemplates that the absence of good governance engenders politics as a cause of conflict. [8] William Zartman on his part contemplates that the increase in conflict is orchestrated by the collapse of state structure. [9] While one may agree with the collapse of state theory, the lotto question is: What drives the leaders to run the state aground? Keith Somerville, in his view tries to locate the source of conflict within the geopolitical map of Africa, which was bequeathed to it by the colonial powers. He contends that the colonial boundaries and state lines have led to the potpourri of people who hitherto had never before mixed as a group. [10] This articulation is paradoxical. While it means that even if the boundaries that existed in the pre-colonial time were maintained, there could still exist though at different levels, and with different target. [11] The diverse schools of thought examined above have attempted an investigation into the causes of conflict. They have posited economic underpinnings, lack of good governance, and disintegration of state institutions, religious and ethnic differences, corruption and colonial imprints. The opinions are not quite erroneous but fail to see ultimately that conflicts emanate because the global village appears to be in consonance with the fact that peacekeeping is the first port of resort for conflict resolution. Moreover, the fact that the problems postulated by the above authors have engendered conflicts in some areas and not in some despite the presence of similar factors suggest that there is more to conflict than has been articulated by contemporary research on the subject matter. The present paper contemplates that inefficacies in the dispute resolution machinery incubate further conflicts. This paper contemplates that if peacekeeping tools are tailored to empower stakeholders to a peace process, conflicts will be resolved before they escalate. On the contrast between causes of conflicts and causes of conflict resurgence, it should be noted that if conflicts are not prima facie mastered, it will be difficult to seamstress right solutions to them. As a result conflicts tend to hatch new and probably even more complicated dimensions to it.

The Canadian Community Health Nursing Standards Of Practice

When CHNs are working to develop solutions to health issues, they must reflect from a strength-based perspective known as the socio-environmental model (Cohen, 2012) and follow the Canadian Community Health Nursing Standards of Practice (CHNC, 2011). Both the standards as well as the model encourage nurses to utilize an upstream approach when caring for a community and its members, in addition to promoting, advocating, supporting, and addressing individual and community needs (CHNC 2011; Health Canada, 2013a; Roberts, 2012). When addressing the first standard of practice, nurses work towards promoting health (CHNC, 2011). As CHNs attempt to work with the available assets to improve the health and wellness of Aboriginals with diabetes mellitus (Taylor, Usher, McDermott, 2013), they utilize a wide variety of treatment and prevention options that relate to numerous health-promoting aspects based on primary healthcare (Smith, Van Herk, Rahaman, 2012). For this demographic, moving primary healthcare forward is crucial and could involve the implementation of culturally appropriate initiatives that allow CHNs to invoke various methods to promote the physical health of impoverished communities (Health Canada, 2013b). These health promoting methods may utilize the ADI for funding in order to provide nutritious food, fitness equipment such as ski poles for walking and burning more calories (Gormley, 2012), and various diabetes-based screening and testing tools (Health Canada,Show MoreRelatedExploring the Role of Canadian Clinical Nurse Specialists1279 Words   |  5 PagesEXPLORING THE ROLE OF CLINICAL NURSE SPECIALIST The Canadian health system is a growing and evolving field. According to the varying health needs of the Canadian community the health system is also improving. 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A Secretary of State for Home Department - Free Essay Example

Sample details Pages: 8 Words: 2420 Downloads: 4 Date added: 2017/06/26 Category Law Essay Type Narrative essay Did you like this example? In light of the legal theory below, critically assess the judgements in A v Secretary of State for Home Department [2004] UKHL 56. What, if anything can the judgements tell us about legal theory? The question posed here provides a remarkable range of issues that are available for analysis by means of legal theory. The legal, political, social and moral constructs that provide the underpinning to the various approaches taken by the House of Lords in A v Home Secretary[1] are not capable of a simple pigeon holing into a defined category. Don’t waste time! Our writers will create an original "A Secretary of State for Home Department" essay for you Create order It is submitted that the most fulsome analysis of A v Home Secretary is achieved through the use of positivist theory to examine all of the opinions contained within the judgement. The positivist approach of H.L.A Hart as developed and advanced through his own writings and those of subsequent contributors and commentators, is employed to establish the necessary analytical framework. Where necessary, other legal theories are employed to explain distinct features of the judgement, particularly the relationship between the Lordsà ¢Ã¢â€š ¬Ã¢â€ž ¢ opinions and the application of the rule of law. The Anti-terrorism, Crime and Security Act[2] (à ¢Ã¢â€š ¬Ã‹Å"the Actà ¢Ã¢â€š ¬Ã¢â€ž ¢) is a clear manifestation of positive law principles. The terrorist threat advanced by al-Qaeda that exploded in the September 11, 2001 attacks in the United States had been rumbling throughout the Western world since the 1980s. The threat to nations such as Canada[3] and the UK was perceived to be mo re acute due to the strong alliances that each nation had with the United States. The Act was an amendment of legislation passed in 2000 in the UK[4] in response to this rising threat. Further, it is of some significance that the UK had extensive experience with terrorist incursions primarily arising from the conflict in Northern Ireland; those domestic threats had also been the subject of legislation that imposed limits on what were otherwise civil liberties.[5] These background points are of significance because the UK had an unfortunate domestic history with Irish-based terrorism that provided its government with a level of experience and insight into terrorist activities. The Act possesses the following distinct features: the power to arrest suspected terrorists the power to deport non-UK nationals who are suspected terrorists the power to detain those non-UK terrorists who could not be deported without breach of European and International conventions[6] The UK government was permitted to derogate from the provisions of the Human rights Act and the ECHR regarding the right to trail and the right to challenge detention as the circumstances of the terrorist threat constituted a public emergency and exceptional circumstance. [7] The battle lines were clearly drawn by the time the present appeal was heard in 2004, as all appellants were non-UK nationals; none were charged with a criminal offence; none were likely to be charged; all challenged the legality of their detention and the legality of the derogation order as one that contravened the ECHR.[8] The Act is proffered as a classic example of a positivist enactment because it embodies the twin ideals of (1) legislation is not connected to moral concerns; the government acknowledged that the appellants were a minority segment in society but the greater good and the prevention of terrorism must prevail; (2) the Act pays little heed to the concept of human rights of the related mo ral considerations of discrimination being carried out by the government against a defined segment of the population The Act seeks a legislative result absent moral considerations, a fundamental principle of positivist theory that has been developed since the time of Austin.[9] As emphatic an example of positive law is represented by the Act, the House of Lords judgements that the derogation Order was illegal and that the subject sections of the Act were incompatible with the ECHR was a triumph of natural law principles recast in modern time. The natural law focus of the Lordsà ¢Ã¢â€š ¬Ã¢â€ž ¢opinions are often masked with the clinical language of statutory interpretation, stare decisis, and the principle of proportionality. All of these devices disguise an approach[10] that is simply the law being employed as a moral instrument for a moral purpose. In the conclusion to this paper, the sequel decision, A Ors v. Secretary of State for the Home Department (No.2)[11]takes th e natural law approaches of the current decision to their logical conclusion. As is suggested in greater detail below, the entirety of the House of Lords approach is in general accord with the principles of legal positivism as explained by Hart.[12] Hart had written in 1976 that à ¢Ã¢â€š ¬Ã‹Å"à ¢Ã¢â€š ¬Ã‚ ¦ at a time whenà ¢Ã¢â€š ¬Ã‚ ¦substantive issues of social policy are much discussed in terms of individual rights, we still need a satisfactory theory of basic human rights and their relationship with other values pursued through the law. So too, if positivism in jurisprudence is to be finally laid to rest, we still need a demonstration that an expanded concept of law, which includes for every legal system a unique set of justicatory principles as a reserve for the solution for hard cases, will illumine and not obscure the description and performance of the judgeà ¢Ã¢â€š ¬Ã¢â€ž ¢s taskà ¢Ã¢â€š ¬Ã‚ .[13] This particular selection from Hartà ¢Ã¢â€š ¬Ã¢â€ž ¢s extensive w ritings is not as widely quoted as others often taken from his work but it is one clearly of direct application in the present review. Both the anti-terrorism legislation as enacted by the government and the House of Lords opinions fall neatly within the parameters of the issue as Hart has characterised it. From the government perspective, engaged in making a proper response to a profound threat to the UK, the Act is an attempt to resolve a à ¢Ã¢â€š ¬Ã‹Å"hard caseà ¢Ã¢â€š ¬Ã¢â€ž ¢ that would seemingly call for a unique consideration. From the Lords perspective, their approach, although not articulating a specific legal theory, clearly regard the issues from the perspective of an à ¢Ã¢â€š ¬Ã‹Å"expanded concept of lawà ¢Ã¢â€š ¬Ã¢â€ž ¢, where the court melds principles of law, social policy and basic human rights. In this context, the words of Lord Bingham, the leading expositor of the Lords position make a compelling connection to the ideas expressed by Hart. A true positivist (and those who hold classic conservative political values) would not accept the failure of a court to maintain the concepts of morality and law as separate. Lord Bingham explained the Lords position in terms that endorse such approaches (the following points are not exhaustive): The reliance upon Chahal in the context of a terrorist threat; where a UK non-national faces torture or the death penalty if deported, no detention is lawful even where there is a threat to national security[14] Derogation is an exceptional measure requiring actual and imminent danger; Lord Bingham limits the governmentà ¢Ã¢â€š ¬Ã¢â€ž ¢s purported deference in policy matters through rigorous application of stare decisis principles[15] Other nations were also threatened with terrorist activity in Europe; only the UK employed derogation The government discretion must be given deference and à ¢Ã¢â€š ¬Ã‹Å"great weightà ¢Ã¢â€š ¬Ã¢â€ž ¢ (a positivist sentiment); the Lords sidestep this barrier with the position that, among others, the ECHR provisions cannot be overridden with government deference alone[16] The à ¢Ã¢â€š ¬Ã‹Å"libertarianà ¢Ã¢â€š ¬Ã¢â€ž ¢ tradition of UK laws is emphasised and juxtaposed with Article 5, ECHR[17] The rule of law is highlighted as a à ¢Ã¢â€š ¬Ã‹Å"cornerstoneà ¢Ã¢â€š ¬Ã¢â€ž ¢ of UK justice[18] The Lords make a plain policy based pronouncement in their assertion that the differing standards for the detention of UK and non-UK nationals may contribute to the export of terrorism[19] It is plain that The House of Lords adopted an approach to the issues raised by the Act and derogation from the Human Rights Act and the Convention that is one that is similar in its execution to the theoretical proposal of Hart described above. The Lords have plainly used conventional legal theory to achieve a policy end. It must be emphasised that the manner in which the Lords approached the difficult circumstances presented has significant merit. The modern dynamic of domestic considerations being adjudicated against a mixed backdrop of UK precedent, European Community imperatives and domestic policy concerns is a scenario that is far more challenging for the judiciary than has ever existed in UK legal history. As Hart suggested 30 years ago, a satisfactory theory of basic human rights vis a vis the law is necessary; the present case represents such an effort. The criticism of the decision is not its methodology or result, but the fact that the Lords were not prepared to clearly state that theirs was a blended approach of law, policy, and human rights considerations. There are other powerful examples within the judgement that make this pint effectively. Lord Nicholls stated the issue on the appeal in classic terms à ¢Ã¢â€š ¬Ã‹Å"à ¢Ã¢â€š ¬Ã‚ ¦Indefinite imprisonment without charge or trial is anathema in any country which observes the rule of law.(emphasis added)à ¢Ã¢â€š ¬Ã¢â€ž ¢[20] Lord Nicholls then held that the government effort to provide an option in the context of the legislative scheme that would alleviate the consequences of indefinite detention, the so-called à ¢Ã¢â€š ¬Ã‹Å"prison with three walls (so named because detainees retained their rights to leave the UK) was found wanting as a policy measure. Lord Hoffman attacked the Act obliquely, with the trenchant observation that the same UK government had relied upon faulty evidence as to the existence of weapons of mass destruction in the lead up to UK involvement in the Iraq war. One ma y ask whether there could be a more powerful policy, as opposed to application of legal theory, than this criticism of the legislation.[21]The point hinted at in these observations is evident that if the government could not be trusted to handle the Iraq situation, should the same government be trusted now? In a similar vein Lord Scott indicated that the impact of the declaration of incompatibility was à ¢Ã¢â€š ¬Ã‹Å"politicalà ¢Ã¢â€š ¬Ã¢â€ž ¢, not legal.[22] Lord Hope engaged in perhaps the purest legal analysis of the Act, as his reasons do not include the same degree of political and social overtones. Lord Hope turns the utilitarian approach on its head, in holding that the state may not discriminate against an unpopular minority for the good of the majority.[23] The judgements of the House of Lords taken together, may be seen as advancing a fundamental principle of law à ¢Ã¢â€š ¬Ã¢â‚¬Å" à ¢Ã¢â€š ¬Ã‹Å"à ¢Ã¢â€š ¬Ã‚ ¦there is one residual principle that backs them all up and gives guidance where they are silent. This is the principle that human happiness ought to be promoted and misery prevented as far as possible. Through its application, human love to a degree replicates divine love. Hence, within many branches of natural law thinking, the usefulness, or utility of human laws for upholding rights derivable from higher law and, beyond that, for fostering human happiness in general, has been one ground for commending such laws, or for recommending improvements in them.à ¢Ã¢â€š ¬Ã¢â€ž ¢[24] The full impact of the predominately natural law approach (or mixed law approach as per Hart) is appreciated when one reviews the sequel judgement, A Ors v. Secretary of State for the Home Department (No. 2)[25]. The issue before the House in the sequel case was of a different character à ¢Ã¢â€š ¬Ã¢â‚¬Å" the admissibility of evidence obtained by torture where the UK was not complicit in the torture. Lord Bingham set out a lengthy analysis of the common l aw and the place of torture within that framework. He and the other Lords were unanimous that torture had no place in the UK common law system, a succinct commentary that engaged principles of morality, the natural law, stare decisis, and the rule of law. Lord Bingham also interjected into the analytical framework two notions that extended the moral considerations. The first was the concept of a à ¢Ã¢â€š ¬Ã‹Å"civilised societyà ¢Ã¢â€š ¬Ã¢â€ž ¢[26]and the desire to maintain civility absent torture. This reference invites the rhetorical question of whether or to what extent a civilised society may use harsh or uncivilised means to preserve civility? The second moral interjection was the citation with approval of the Supreme Court of Canada decision in Oickle.[27]Oickle, and other recent Canadian and American case law, stands for the proposition that certain government actions can be disavowed by a court if the actions is seen as one that à ¢Ã¢â€š ¬Ã‹Å"shocks the community sta ndardà ¢Ã¢â€š ¬Ã¢â€ž ¢. Oickle is the product of a jurisdiction with a written constitution; however, the apparent elevation of this principle to a standard to be invoked in the UK courts is a further departure from any hold that positivism may have exerted in these constitutional considerations. The House of Lords has re-established the primacy of morality in the manner that the Court will assess government action. Hartà ¢Ã¢â€š ¬Ã¢â€ž ¢s formulation of law as one compromised of primary and secondary rules is well known. It is submitted that the approach adopted by the House of Lords to the thorny issues of law, morality, human rights and social policy in A v Home Secretary is in general accord with Hart. Bibliography Austin, John (1863) The Uses of the Study of Jurisprudence (ed. H. L. A. Hart London, 1954) Freeman, M. D. A. (1998) Legal Theory at the End of the Millennium Oxford: Oxford University Press Hart, H.L.A. (1976) à ¢Ã¢â€š ¬Ã‹Å"Law in the perspective of philosophy: 1776 à ¢Ã¢â€š ¬Ã¢â‚¬Å" 1976à ¢Ã¢â€š ¬Ã¢â€ž ¢, 51 New York University Law Review, 538-551 Hart, H.L.A. (1961) The Concept of Law Oxford: Clarendon Table of Cases A Ors v. Secretary of State for the Home Department [2005] UKHL 71 (8 December 2005) A Ors v. Secretary of State for the Home Department [2004] UKHL 56 Brannigan and McBride v United Kingdom (1993) 17 EHRR 539 Chahal v United Kingdom (1996) 23 EHRR 413 Ireland v United Kingdom (1978) 2 EHRR 25; Marshall v United Kingdom (10 July 2001, Appn. No. 41571/98) R v Oickle [2000] 2 SCR 3 Table of Statutes Anti-terrorism, Crime and Security Act 2001 (Part 4) Human Rights Act 1998 (Designated Derogation) Order 2001 (SI 2001/3644) European Convention on Human Rights Terrorism Act, 2000 1 Footnotes [1] [2004] UKHL 56 [2] Anti-terrorism, Crime and Security Act 2001 (Part 4) [3] Canada enacted similar legislation as that in the UK; it was subject to different scrutiny due to the primacy of Canadaà ¢Ã¢â€š ¬Ã¢â€ž ¢s written constitution and its enshrined Charter of Rights and Freedoms. [4] Terrorism Act, 2000 [5] See e.g. Brannigan and McBride v United Kingdom (1993) 17 EHRR 539 [6] European Convention on Human rights, art. 14; see also Chahal v United Kingdom (1996) 23 EHRR 413 [7] A Ors v. Secretary of State for the Home Department [2004] UKHL 56, para 15 [8] Ibid, para 22 [9] Austin, John Jurisprudence , 1 [10] All of the judgements delivered in A take this direction; [11] [2005] UKHL 71 [12] Hart, H.L.A (1961) The Concept of Law [13] Hart, H.L.A. (1976) à ¢Ã¢â€š ¬Ã‹Å"Law in the perspective of philosophy: 1776 à ¢Ã¢â€š ¬Ã¢â‚¬Å" 1976à ¢Ã¢â€š ¬Ã¢â€ž ¢, 51 New York University Law Review, 538-551 [14] Chahal, p.420 [15] A [2004], para 19 [16] Ibid, para 29, 55 (Lord Bingham); para 90 (Lord Hoffman); para 108 (Lord Hope) [17] Ibid para 35 [18] Ibid para 42 [19] Ibid para 53 [20] Ibid, para 74, 80 [21] Ibid, para 94 [22] Ibid, para 154 [23] Ibid, para 136 [24] Freeman, M. D. A. (1998) Legal Theory at the End of the Millennium Oxford: Oxford University Press, 38 [25] [2005] UKHL 71 [26] Ibid, para 17 [27] R v Oickle [2000] 2 SCR 3

Societal Views on Sports and Gender Essay - 846 Words

Societal Views on Sports and Gender Sports have become a major part of American culture and society. It is ingrained in us as a small child that playing a sport is almost necessary. In elementary school we take physical education where we are exposed to competitive sport. But even at this level it is our genders that control which types of sports are deemed appropriate. Since women started to become involved in sports, there have always been those who have opposed them being there. We saw an example of this in the movie Girl Fight. By allowing a woman to partake in a sport, in this case boxing, that is typically viewed as male oriented in caused society to alter its views. This created many problems though. People do not want to†¦show more content†¦The same was true for the women in Pumping Iron 2. Because of their strength and physical stature, certain men and women seemed to be intimidated by them. We saw this specifically in Bevs case. 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Superhero and Role Model free essay sample

Superheroes are created for people to imagine the impossible and to think that there could be a person that spectacular in the world that they can look up to. However not all superheroes pose as good models for children in all things that they do to help society. Captain America, however, is an exceptional example of what a good superhero should be like. He is a positive role model for others, especially children, because he has never given up for what he believes In, he has good morals, and he has pure intentions for the actions that he plays out.As I looked up information about Captain America, I noticed that he has never given up on a fight or cause that he believed In. We will write a custom essay sample on Superhero and Role Model or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page He kept working hard through good times and bad in order to try to accomplish what he set his mind to. Even If the results were not always what he wanted, he kept on pursuing on what he believed In. This Is a good attribute to display as an example for others and kids. It allows others to want to believe in themselves and push themselves to the end to succeed and fight for what they want in their lives and others lives. Every time Captain America steps into a fight, he fights with honor, courage, and integrity.This portrays how he depicts the superhero with the best moral mindset. Morals are things that have been lacking American people in the past few years. Believe that most have forgotten who they are and who they represent. However throughout his superhero career, Captain America never forgot he was and what his morals stood for. In numerous situations he declined multiple opportunities to become the leader of America or the leader of another society. He usually became ere tempted by these offers, however he always took a step back and tried to remember who he was and what he stood for. His morals and code of ethics is something that people should look to emulate. Captain America is not one of those superheroes who kills or destroys people of things without thinking about it. He only does what he has to when he is put in a certain situation. He has pure intentions for everything that he does and does not do it out of hate or revenge. This portrays an attitude that everyone should possess. Most people perform actions that are not so great because they feel like they have to cause others are doing it, or someone has done something to make them mad and want revenge.By using Captain America as a role model, people can start to perform actions out of pure intentions and not Just because thats what they feel like they should do. This would allow for people to take a step back from a situation and think. Is this what I really should do? or, Is this really what would fix my problem? . All In all, Captain America portrays himself as an exceptional role model for others for many reasons. He represents what the Ideal superhero should act and be like.In society that is full of crimes and hate throughout It, Captain America provides a last resort for people to look to for what their lives or society could be and act like. Superhero and Role Model By trucking because he has never given up for what he believes in, he has good morals, and he given up on a fight or cause that he believed in. He kept working hard through good times and bad in order to try to accomplish what he set his mind to. Even if the results were not always what he wanted, he kept on pursuing on what he believed in. This is a good attribute to display as an example for others and kids.It allows others fight for what they want in their lives and others lives. Morals are things that have been lacking American people in the past few years. I should do. This would allow for people to take a step back from a situation and think, Is this what I really should do? or, Is this really what would fix my problem? . All in all, Captain America portrays himself as an exceptional role model for others for many reasons. Superhero and Role Model free essay sample Superheroes are created for people to imagine the impossible and to think that there could be a person that spectacular in the world that they can look up to. However not all superheroes pose as good models for children in all things that they do to help society. Captain America, however, is an exceptional example of what a good superhero should be like. He is a positive role model for others, especially children, because he has never given up for what he believes in, he has good morals, and he has pure intentions for the actions that he plays out.As I looked up information about Captain America, I noticed that he has never given up on a fight or cause that he believed in. We will write a custom essay sample on Superhero and Role Model or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page He kept working hard through good times and bad in order to try to accomplish what he set his mind to. Even if the results were not always what he wanted, he kept on pursuing on what he believed in. This is a good attribute to display as an example for others and kids. It allows others to want to believe in themselves and push themselves to the end to succeed and fight for what they want in their lives and others lives. Every time Captain America steps into a fight, he fights with honor, courage, and integrity. This portrays how he depicts the superhero with the best moral mindset. Morals are things that have been lacking American people in the past few years. I believe that most have forgotten who they are and who they represent. However throughout his superhero career, Captain America never forgot he was and what his morals stood for.In numerous situations he declined multiple opportunities to become the leader of America or the leader of another society. He usually became very tempted by these offers, however he always took a step back and tried to remember who he was and what he stood for. His morals and code of ethics is something that people should look to emulate. Captain America is not one of those superheroes who kills or destroys people of things without thinking about it. He only does what he has to when he is put in a certain situation.He has pure intentions for everything that he does and does not do it out of hate or revenge. This portrays an attitude that everyone should possess. Most people perform actions that are not so great because they feel like they have to because others are doing it, or someone has done something to make them mad and want revenge. By using Captain America as a role model, people can start to perform actions out of pure intentions and not just because that’s what they feel like they should do. This would allow for people to take a step back from a situation and think, â€Å"Is this what I really should do? † or, â€Å"Is this really what would fix my problem? †. All in all, Captain America portrays himself as an exceptional role model for others for many reasons. He represents what the ideal superhero should act and be like. In a society that is full of crimes and hate throughout it, Captain America provides a last resort for people to look to for what their lives or society could be and act like.