Law as A Social Institution Essay

What does it mean to say that law is a social institution? In the light of a legal positivist view, law embodies and is contingent to the social construct within our society. Legal positivism is the notion that law depends on social fact and that its merits do not and should not reflect its intrinsic nature1. Law is simply not a set of rules and regulations that govern the way in which our society should be, but rather, an exhibition of how our society exists as it is2. That being said, a social institution is a pattern of beliefs and behaviors over time, as defined by Nicosia and Mayer as ‘a set of activities performed by specific people in specific places through time3. Therefore, law encompasses numerous social institutions such as family, homosexuals, or more specifically the Indigenous community etc. – an exhibition of how society exists as it is. The concept that law is a social institution will be discussed in the legal positivist framework particularly in close regard to homosexuality. Traditionally, homosexuality was seen as an immoral act, it was encoded under the Criminal Law Amendment Act 1885 Section 11 that an act of ‘gross indecency’ between two males led to a term of 2 years imprisonment. In the last century same-sex relationships have been considered acceptable in society. Harsh amendments in legislation against homosexuality grew unacceptable and argument arose that it was an ‘overreach’ in criminal law concerning homosexual behaviour4. As aforementioned, a social institution is the ‘interaction among activities, people, and places over time’5. The law essentially is a product of these institution’s morals, ideas and standards. The idea that law is a social institution is illustrated by the changes in law over time and the changes in attitudes towards homosexuality that arise simultaneously. There has been a gradual acceptance and legal recognition of same-sex relationships. This is evident in the evolving attitudes towards homosexuality reflected in various cases and legislation, in which the law has responded positively to the changes in these social standards. As seen in the case of Hope & Brown v NIB (1995)6, where the couple, Andrew Hope and William Brown attested to the Equal Opportunity Tribunal (EQT), arguing that NIB Health Fund Ltd had denied them access to a family health insurance policy on the basis of their sexual orientation. The EQT coerced  the insurance company to recognise the couple as a family in order for them to receive insurance. It was acknowledged that the policy was in fact discriminatory. A year later, the federal government recognised homosexual couples as a family unit in the 1996 consensus7. Additionally, amendments to the Health Insurance Act 1973 were carried through to recognise same-sex couples and their children as a family. In relation to the theory of legal positivism, these social standards have molded the law, reinforcing that law is dependent on a social construct. One of the most significant legislative changes was the passing of the Property (Relationships) Legislation Amendment Act 1999 (NSW)8, which granted rights to same-sex couples for the division of property and claiming finances, as well as access to the District Court in a relationship break down. This Act also gave same-sex couples inheritance rights in line with heterosexual couples. However, bearing in mind the theory of positivism, where law depends on social fact, there are other institutions such as religious groups, like the Australia Lobby Group that curb the acceptance of homosexuality in light of their own social standards. This is evident where the law does not encompass every aspect in the recognition and protection of same-sex couples. In addition, the Howard government passed the Marriage Amendment Act 2004 (Cwlth) consolidating that marriage in Australia is the union between man and woman only9. In effect, this governance affirmed their social institutional beliefs: opposition to same-sex marriages. Thus, demonstrating that law is a social institution because the law directly reflects the beliefs of the social institution, namely the government. We can infer that although the issue of marriage equality is shelved, it does not equate to the idea that the whole of society disapproves of marriage amongst same-sex couples, but that certain structured governances limit the extent to which these ideas are legislated. Law is based upon our morals and therefore should be an exact carbon copy of the beliefs and ideas of social institutions. However external systems, for example, law systems and governments, can limit the degree to which the law wholly represents social  institution, in this case, homosexuality. The fact that a policy may be seen as discriminatory, unjust, inefficient does not mean that policy is the law, or the fact that the policy is fair, just and efficient also does not make it law. By taking these authoritative systems out of the equation, law is intrinsically a social institution. In 2006, the Human Rights Commission published a report titled ‘Same-sex: Same Entitlements’, which found that 58 federal laws discriminated against same-sex couples in areas of financial and work-related entitlements10. This caused social upheaval amongst the homosexual community. The law responded and shaped into these morals, by means of the Family Law Amendment Act 2008 (Cwlth)11. Changes and alterations were made in federal laws to remove the provisions discriminating against homosexual couples, and thus, they were granted rights pertaining to financial matters. The theory of legal positivism is demonstrated here, where the Amendment mirrors the social fact that there is no sufficient reason for same-sex couples to be discriminated based on sexual orientation and should receive the same benefits, as heterosexual couples. Homosexuality is now a greatly accepted institution12 whereby the law embraces same-sex couples as equals with heterosexual couples. The Family Law Amendment Act 200813 and the Miscellaneous Acts Amendment (Same Sex Relationships) Act 200814 is significant in the sense that same-sex marriage is now the point of legislative inequality between heterosexual couples and same-sex couples15. In essence, legal positivism is a construct that gives a greater understanding of law as a social institution. It is inextricably linked to the social order of society. Homosexuality exemplifies the positivist model through the alignment of developing attitudes and legislation amendments over time. This demonstrates the notion that the morals of our society set ideals for law to abide by. The way law and social construct interconnects means that law is man-made and built upon on patterns of beliefs and behaviour over a period of time. Word Count: 1318 References: Primary Sources of law: Family Law Amendment (De Facto Financial Matter and other Measures) Act 2008 (Cwlth) Hope & Brown v NIB Health Fund Ltd [1995] 8 ANZ Insurance Cases 61-269 Marriage Amendment Act 2004 Section 88EA Miscellaneous Acts Amendment (Same Sex Relationships) Act 2008 Secondary Sources of law: Austin, John (1832). The Province of Jurisprudence Determined. Ed. W.E. Rumble, 1995. Cambridge: Cambridge University Press. Anthony, T. Sanson, M. Worswick, D (2010) Connecting with Law (2nd Edition), Chapter 1: Introduction: Overview of the Book, 4. Baker, MJ and Saren, M. (2010). Marketing Theory: A Student Text (2nd Edition). 154 Wilson, P and Brown J.W. 1973. Crime and the Community. St Lucia: University of Queensland Press. Boesenberg, J, Derwent, B, Hamper, D, Hayes, M, Thiering, N. Legal Studies HSC (Third Edition), Chapter 18: Contemporary issues concerning family law. 278 -297 â€Å"Marriage Equality and Public Opinion† Fact Sheet: http://www.australianmarriageequality.com/wp/wp-content/uploads/2010/10/AMEpollfactsheet@Jun11.pdf

Human nature in the light of Revelation Essay Example | Topics and Well Written Essays - 1250 words

Human nature in the light of Revelation - Essay Example The divide between God and man was the result of human sin and fall from heaven. But even in a fallen position, modern man is under obligation to observe righteousness by refraining from lies during our existence. Human beings must therefore cultivate real liberty by behaving in a way that is both natural and moral as the first humanity did before sin separated them with God. GS adds that in total despair, there is a heavenly spirit of conscience within the midst of human beings. Death is therefore a painful reminder to humans, of the life in the beginning; it spreads a spirit of melancholy and despair in people’s souls, but strongly delivers the message of the significance and might of God when human beings have no hope left in our hearts. Death has been, according to GS, a natural vocation by God in the current environment. Then GS proceeds with the argument, drawing upon the anthropological aspect of theology in Jesus Christ, the First Man, and the human existence being at the whims of the Supreme Deity (Schu 64). By virtue of Jesus being the God’s son and messenger, He creates the God’s power in human beings by taking the form of a human being, and through God’s spiritual power, Jesus redeems the image and integrity of man who is naturally a sinner. Jesus, therefore, midwifes the spiritual redemption of human beings (Healy 34-41). Through Jesus association with the common man, the God’s Son casts into history the influence of a rejuvenated but rarely seen recognition that individual aspirations can only be achieved when one is in a communion. In Jesus, the typical modern man is, therefore, expected to fulfil supernatural love by expressing love to their neighbours. This implies that only a candid gift of individuality effectively satisfies human character, and the Supreme Deity exposes His intimate nature in Jesus in order to enable human beings to appreciate this natural gift. This implies that God’s natural love s upports and strengthens communal love (Torrell 252-259). GS therefore jogs human memory that communal love basically embodies the success of the modern man. Love is therefore the fruitful aspect of human understanding and willingness that survives in human liberty. It is this importance of love as the satisfaction of the supernatural will and spirit of God that forms the basis of John Paul II’s philosophy of modern man and the importance of the body. Theology of the body by Pope John Paul II Pope John Paul II wrote important philosophies such as theology of man in Gaudium et Specs. A number of important concepts of his philosophy were aimed at restructuring the mentality of the Catholic Church to be in line with the modern thinking of evolved man. In this important edict, the Pope underscored the significance of re-examining one’s relationship with Christ in the early 21st Century. He argued that the modern man would not be rescued from sin and challenges of life by a strategy, but by an important eternal Man (Schu 65). In the â€Å"Gaudium et Specs†, the Pope underscored the closeness of man to God and the former’s reliance on the Supreme Deity and His aspirations. He argued that without the God as the Creator, there would be no creation. In light of this, freedom of the body is dependent upon the truth (Torrell 267). The pope’s theology of the body, therefore, discredits submission of oneself to contingency and scepticism as the quest for non-existent

Hunger Assignment Example | Topics and Well Written Essays - 750 words

Hunger - Assignment Example However, despite these efforts there is still proving not be enough food to feed everyone who is in need. The article, â€Å"How to Feed Nine Billion,† by Evan Fraser and Andrew Rimas, discusses how the horrible drought in Africa in 1992 had the potential to be incredibly devastating. However, although the drought was not good, the farmers in the effected regions were able to survive the drought because these farmers had already procured genetically modified seeds that were designed to survive these sorts of dry conditions and continue to thrive This is why, the African drought of 1992 is referred to as the â€Å"drought that never was† (Fraser & Rimas , 2012) However, just because these farmers were able to withstand this drought does not resolve the issues of hunger in Africa or worldwide. The authors are adamant that between the 2050 and 2080 we will be essentially in need of more food than we will be able to produce to meet the growth in population that will exist a t that point. Finding means to develop an implementable plan, a sustainable solution, and an agreeable means to making it happen is no easy feat. Discussion The authors make strong points highlighting the details of hunger in the world and discussing the contributing factors and potential means of improving the situation. The idea of just sending other countries what they need to survive is admirable but essentially just a Band-Aid on a much more serious wound. Besides it has been established that the United States is not yielding the large crops they once did. We, ourselves, may, in the not too distant future, be unable to provide for ourselves. The authors, also, in this case, make quite a point to support the use of genetically altered seeds; if not for them the African drought may not have fared so well for the people. Issues However, GMO crops and food products are a very sensitive subject, here in the United States, as well as all over the world. Although GM seeds are modified only enough to allow them to grow in unlikely environments and to defend themselves from pesticides and insects that can compromise the crops yield, it does not automatically make the growing or consuming of these food items or the foods produced from them dangerous or unhealthy The fact that 80% of the foods are or contain elements of genetic modification, is frightening to many people and has caused a great deal of distrust towards the whole concept of genetically modified foods. In Haiti a gift of modified seeds was sent to aid the hunger issues in the country, several Haitians set fire to the building where the seeds were kept, because they did not want the modified seeds (Catsoulis, 2013). However the ethical, moral, social, and, potentially, legal issues associated with GMO foods, production and labeling, is an issue that will not be easily settled. The question that this article does raise that deserves to be addressed is how can a developed country, like the United States a nd underdeveloped countries both be suffering from hunger, when one has so much and the other so little. According to experts, it is a misconception that hunger stems from lands with little to offer. In truth, it is countries with surpluses of food that seem to reveal issues with hunger. According to the United Food and Agriculture Organisation, FAO, it is the countries, like the United States, that produce one and half times the amount of food needed to provide for everyone, yet 1 in 7 continue to go hungry (Green Peace, 2013) Why does this happen? Money is the answer. When food is plentiful, one still needs money to purchase the foods; the poor automatically go without. For now the issue involving hunger in the U.S. is related to money but, as stated earlier, that may

A Study of Adult and Teen Differential opinion regarding Online Social Dissertation

A Study of Adult and Teen Differential opinion regarding Online Social Networking - Dissertation Example 46 References†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 48 TABLE OF CONTENTS Chapter 1 The Problem and Its Background The purpose of the study is to study the perceptional differences among adults and teenagers in the usage of and issues related to online social networking. Objectives: Specifically, it aims to answer the following research objectives: 1. To determine if there are differences between the two age groups in terms of how often they use it; 2. To determine if there are differences between the two age groups in terms of perceived importance; 3. What are the differences between the two age groups in terms of issues encountered when using social networking sites? Introduction The availability of Internet as a means of communicating and bridging people from different places around the world has been increasing for the past decade. Along with the increase in Internet usage come with changes such as the way people interact and communicate with each other (Harris, 2006). It has been determined by various studies such as Kiesler (2007) that communication via the Internet fosters and improves communication and relationship building, which means that those who commonly use the Internet stays more connected to their families and friends than those who do not. Nowadays, the most commons means of communication is via social networking. ... Orkut, Face book and Twitter are only a few examples. Orkut is community based and less personal, while Face book, Twitter and My Space are more personalized kind of social networking platforms. The common characteristics of all social networks are the provision rather the requirement of making a profile that usually demands some personal information including contact information. According to CNN or Cable News Network (2006), Facebook and My Space are two of the most popular social networking sites among high school and college students. According to this documentary, My Space has over 20 million registered users while Facebook have been recording as much as 9.5 million registered users as of September 2006 and it has been increasing by as much as 230,000 registrations in a day. Dumon (2008) reported that in May 2008 Facebook was able to have a higher visitor rates as compared to MySpace. The factors why it’s very popular among high school and college students are mainly its ability to offer various means of communicating with other people. Users can post information about themselves or ideas, pictures, send messages, get instant messages, and even upcoming events, which makes communicating very flexible. Dumon (2008) also stated that Facebook is very successful as compared to other social networking sites because the users are being connected using different categories like city, workplace, school, region, and via this connection they can interact. Rationale of the Study Various researches have analyzed social networking sites and people who use them, often focusing on theories like Maslow’s Hierarchy of Needs that could explain the popularity of such means of communication. However, not many researches have focused on the difference

Investment on BHP Essay Example | Topics and Well Written Essays - 3000 words

Investment on BHP - Essay Example This tells us about the company's efficiency in using current assets as the ones that generate income. The stable cash flow from the years also tells us that the current liabilities are in control, which is within the limits of the company's assets and cash flows. The operational income of the company in the year 2005 is US$8.5billion. This gives reliable earnings per share. Due to the largest market capitalisation of the company one can recommend that not only investing he can hold the shares or debentures of the company for long time as the market capitalisation was being increased constantly from the past years. It is listed on LSE, Australian stock exchange, Johannesburg stock exchange and American Depository receipts listings and New York stock exchange. The Customer sector groups, to which the company gives more importance than its operations concentrate on Aluminium, Base Metals, Carbon Steel Materials, Energy Coal, Stainless Steel Materials, Petroleum, Diamonds and Specialty Products, At first let us examine the return/risk characteristics of the investment in the company, which is a indicator of past performance. The returns for the company are at a high stake as the company generated turnover of US$31.8 billion, earnings before interest and tax (EBIT) of US$9.3 billion, and net income was at US$6.5. The available cash flow after Accounts Payable was US$8.7. This implies that the net income of the company was almost 20% of the turnover which is a sound fundamental for any corporate entity. As the net income decides the future expansion, earning per share, available cash for the coming financial year, capacity to invest in new projects and R&D it is considered as a fundamental which assures return on the investment. The cash flow was just above the net income. This implies that the cash flow was in proportion to the assets of the company which tells us that the share price increase in the market can be justified. The fluctuation of the prices of the company's sha res were around 30% of the maximum price. The maximum price was 19$ and minimum price was around 12$ in 2005. This fluctuation and the maximum price, the share enjoys in the market can be justified due to the substantial percentage of net income and recorded growth of 29.5 percent in operational income of the company in 2005. The increase of operational income and net income of over 20% of the turnover implies good return for the investment and security for the money invested. The operational income, net profit, and earnings per share were growing continuously in the past years. The turnover in 2004 and 2005 is US$ 29649 million and 22887 million. The turnover was increased by almost 33 percent but the costs increased only from 17084 to 20697 which indicates good management of operational activities which control cost factor and thereby plays a key role in increasing the net income. The earnings per share had increased by more than 80 percent in 2005 when compared to 2004 earnings. The total current assets stand at staggering US$7822 million which is more than the net income of the company. It is considered as a sound fundamental as the current liabilities of the company were lesser amounting to US$7659 million. The total non current assets stand at US$34288million and total non current liabilities atUS$16087million. This tells us that the domination

Future of Parole in the United States Research Paper

Future of Parole in the United States - Research Paper Example ing that early believers in the program thought offenders committed offenses through no fault of their own, forced into unfortunate circumstances, and therefore should be rehabilitated. The federal parole board increased to eight members in 1950, appointed by the President, with three of them assigned to youth corrections. By October of 1974 due to a pilot reorganization program the US Department of Justice had five regions with one member and five hearing examiners. Through the Parole Commission and Reorganization Act in 1976 the Board of Parole became known as the United States Parole Commission, independent of the DOJ (USDOJ: USPC: Our History). They adopted explicit parole guidelines, became affiliated with the Senate, disbanded from youth corrections, and created a Comprehensive Crime Control Act in 1984. The use of intermediate sentencing is the only sentencing that actually involves parole boards and they receive complete power in determining who is to be released. Intermediate sentencing does contain some positive factors and allows for full implementation of the rehabilitative ideal. It offers the highest and strictest level of protection from the more violent criminal offenders and also offers feasible alternatives to capital punishment. Parole decisions are also made with considerably more behavioral observation noted since the original trial and does not force corrections to release an inmate before they are ready to return to society. Negative factors involved with intermediate sentences are many with mostly criticism and onslaughts of impossibilities. Treatment is too expensive, training and rehabilitation not done, and even if treatment were honestly attempted by staffs, psychotherapy with involuntarily committed patients is generally considered difficult; indeterminate sentencing supplies only negative motivation, which will be insufficient for long-range results and the list continues. One of the most important factors I considered in this area

God of Small Things Quotes Essay Example for Free

God of Small Things Quotes Essay Extended metaphor: â€Å"Perhaps Ammu, Estha and she were the worst transgressors. But it wasnt just them. They all broke the rules. They all crossed into forbidden territory. They all crossed into forbidden territory. They all tampered with the laws that lay down who should be loved and how. And how much. The laws that make grandmothers grandmothers, uncles uncles, mothers mothers, cousins cousins, jam jam, and jelly jelly. Rahel and Estha live in a society with very rigid class lines. â€Å"Commonly held view that a married daughter had no position in her parent’s home. As for a divorced daughter – according to Baby Kochamma, she had no position anywhere at all. And for a divorced daughter from a love marriage, well, words could not describe Baby Kochamma’s outrage†¦Ã¢â‚¬  â€Å"Chacko told the twins that, though he hated to admit it, they were all Anglophiles. They were a family of Anglophiles. Pointed in the wrong direction, trapped outside their own history and unable to retrace their steps because their footprints had been swept away† The concept of Anglophilia is a big one in this book, from the way everyone fawns over Sophie Mol, to Chackos cocky attitude about his Oxford degree, to the whole familys obsession with The Sound of Music. But its pretty clear that the thing they love also holds them down. When Chacko says their footprints have been swept away, he is making a reference to the way members of the Untouchable caste have to sweep away their footprints so that people of higher classes dont pollute themselves by walking in them. Even though by Indian standards their family is of a relatively high social status, they are of a low social status in relation to the British. Pappachi would not allow Paravans into the house. Nobody would. They were not allowed to touch anything that Touchables touched. Caste Hindus and Caste Christians. Mammachi told Estha and Rahel that she could remember a time, in her girlhood, when Paravans were expected to crawl backwards with a broom, sweeping away their footprints so that Brahmins or Syrian Christians would not defile themselves by accidentally stepping into a Paravans footprint. In Mammachis time, Paravans, like other Untouchables, were not allowed to walk on public roads, not allowed to cover their upper bodies, not allowed to carry umbrellas. They had to put their hands over their mouths when they spoke, to divert their polluted breath away from those whom they addressed. (2.270) This quote speaks volumes about the experience of the Untouchables, and it helps us appreciate the kinds of deeply ingrained attitudes that drive so much of the prejudice and hate we see in the novel. Then [Baby Kochamma] shuddered her schoolgirl shudder. That was when she said: How could she stand the smell? Havent you noticed? They have a particular smell, these Paravans. (13.129) Like Mammachi, Baby Kochamma has a heap of prejudices against other social classes, and these prejudices run deep. By disparaging Velutha out loud and saying that his smell must have been intolerable, she tries to show just how high class she is. Mammachis rage at the old one-eyed Paravan standing in the rain, drunk, dribbling and covered in mud was re-directed into a cold contempt for her daughter and what she had done. She thought of her naked, coupling in the mud with a man who was nothing but a filthy coolie. She imagined it in vivid detail: a Paravans coarse black hand on her daughters breast. His mouth on hers. His black hips jerking between her parted legs. The sound of their breathing. His particular Paravan smell. Like animals, Mammachi thought and nearly vomited. (13.131) Again, we see just how deeply Mammachis prejudices run. She doesnt see Ammu and Veluthas relationship as love between two people, as it might look to us. As far as she is concerned, it is as low as two animals going at it in the mud. The idea of a coolie (lower-class laborer) having sex with her daughter is so repulsive to Mammachi that it almost makes her puke. Still, to say that it all began when Sophie Mol came to Ayemenem is only one way of looking at it. Equally, it could be argued that it actually began thousands of years ago. Long before the Marxists came. Before the British took Malabar, before the Dutch Ascendancy, before Vasco da Gama arrived, before the Zamorins conquest of Calicut. Before three purple-robed Syrian bishops murdered by the Portuguese were found floating in the sea, with coiled sea serpents riding on their chests and oysters knotted in their tangled beards. It could be argued that it began long before Christianity arrived in a boat and seeped into Kerala like tea from a bag. That it really began in the days when the Love Laws were made. The laws that lay down who should be loved, and how. And how much. (1.207-210) This quote is full of what might seem like obscure references, but what its basically doing is pushing us to think about what caused everything to fall apart for Estha and Rahel. Did everything come crashing down because Sophie Mol came to Ayemenem? Or do the events of the novel happen as a result of decisions, actions, and rules that were made thousands of years before any of our characters were even born? Do things happen for a reason, because theyre part of this huge plan, or do they just happen because the world is fickle like that? [Estha] knew that if Ammu found out about what he had done with the Orangedrink Lemondrink Man, shed love him less as well. Very much less. He felt the shaming churning heaving turning sickness in his stomach. (4.245) We can be pretty sure that if Ammu ever found out that Estha was molested, she wouldnt be upset with him. Shed be unbelievably angry at the Orangedrink Lemondrink Man, but she would never actually blame Estha. Yet, in Esthas mind, what happened to him is his fault, and he carries it around as his shame Ammu touched her daughter gently. On her shoulder. And her touch meant Shhhh.Rahel looked around her and saw she was in a Play. But she had only a small part. She was just the landscape. A flower perhaps. Or a tree. A face in the crowd. A Townspeople. (8.48-50) This moment turns the way Rahel understands her role at home upside-down. All of a sudden, things are totally different than they usually are. Rahels realization that theyre in a play shows us that everyone here is playing a part to some extent – they arent being themselves. Sophie Mols arrival topples over Rahels reality; she goes from being one of the leads to being the nobody in the background. Now, all these years later, Rahel has a memory of waking up one night giggling at Esthas funny dream. She has other memories too that she has no right to have. She remembers, for instance (though she hadnt been there), what the Orangedrink Lemondrink Man did to Estha in Abhilash Talkies. She remembers the taste of the tomato sandwiches – Esthas sandwiches, that Estha ate – on the Madras Mail to Madras. (1.10-12) Rahels ability to remember things that happened to Estha and not her tells us a lot about their joint identity and how profoundly she understands him.