{D} EVALUATE THE EFFECTIVENESS OF THE LEGAL SYSTEM IN ACHIEVING EQUALITY FOR WOMEN IN SOCIETY. As I have already stated, women have come a long way in the fight for equality. With numerous legislation, only some of which I have mentioned above, the legal system of today has been effective in striving to achieve equality for women. Although women and men are still not posed as wholly equal, the role of women over time has most definitely changed. Consider this statement: "The role of women in society has not changed, particularly in the domain of the family. Women are still unequal, under the thumb of men, with the sole burden of child rearing and housekeeping. The legal system has failed to make substantial changes in correcting these inequalities." I wholeheartedly disagree. The role of women in society has indeed changed drastically. Women have gone from being considered as stupid, housebound, child rearing objects for their relevant man to own, to in some instances holding high positions in a traditionally male dominated work environment and having the choice to marry and/or have children. With the advancement of trade unions and lobby groups, anti-discrimination acts, affirmative action in the workplace and equal access to education to say the least, the legal system has obviously addressed the problem of inequality between sexes. Women have come from having very little rights at all, to having the same access to morality as men. Some men would argue that women are not under the thumb of men, in fact in some relationships the situation is on the contrary, and the woman is the dominant force. The above statement declares that a woman still carries the sole burden of child-rearing and housekeeping. In most modern homes, the workload is usually shared between husband and wife when the matter of housework arises. With the occurrence of maternity and paternity leave granted by most workplaces in our society, the so-called 'burden' of child-rearing is shared between parents,...
pages: 5 (words: 1133)
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added: 12/08/2011
For many decades, women in Australia have been subject to inequality and unfairness in a wide range of areas in employment. They have been discriminated based on gender, marital status, pregnancy and family responsibility. As well as this, many women have faced the most common form of discrimination based on sex – sexual harassment. In the past years, however, the legal system of Australia has redressed the discrimination which women have faced in society through a number of legislative bodies that women may access. According to the Human Rights and Equal Opportunity Commission, 1989, the definition of sexual harassment is any form of unwelcome sexual advance, request for sexual favours or unwelcome conduct of a sexual nature. This may include unwanted physical contact, sexual advances, sexual comments and crude jokes, offensive body gestures, the display of pornographic material in the workplace, threats of violence, sexual assaults and rape. Many women have been subject to sexual harassment but have been unable to do anything about it, because of the belief that they may be fired or they may not have enough knowledge or English language skills to file a complaint. Another very common form of discrimination of women in employment is not limited to sexual harassment, but extended to behaviour which is discriminatory in terms of gender in that the discrimination which had occurred is based on the social construction of gender roles and definitions of appropriate behaviour in society. Women who worked in areas which were predominantly male, or held positions of authority in the work place were discriminated against because the positions they held were not harmonious with traditional beliefs about gender roles. In most cases where this has happened, women have been reluctant to complain about sex discrimination in their workplace because of the fear that they may lose their...
pages: 6 (words: 1615)
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added: 01/01/2012
On November 10, 2001 the world ultimately granted China membership into coveted trade organization, the WTO. Not since Deng Xiaoping's economic reforms of 1978 has China made such a giant leap toward the creation of a market economy.
The World Trade Organization (WTO) finally opened its door on Saturday to China, the world's most populous ?C and one of the most robust ?C economy, sending a positive signal to the world economy loitering on the brink of a full-blown recession?(Xinhua, Financial Times)
With the completion this fifteen year negotiation, China will now be forced to abide by international trade regulations so as to completely open its doors with ten years. WTO membership will provide countless economic benefits to China's burgeoning economy but the initial adjust period will certainly cause massive unemployment and possible political unrest. With economists projecting that if current growth rates continue the Chinese economy will surpass Japan, China is on the brink of dominating the Asian economy. Although there are many circumstances that may derail this progress, the Chinese now have the tools necessary to develop the powerhouse economists have been citing for the past decade.
China's entry into the WTO was particularly slow (fifteen years of negotiating) for a variety of disparities; from trade barriers to individual market reforms. During negotiations the American delegation was particularly stringent on removing China's tariff and non-tariff barriers to trade. For instance, so as to protect China's infant car industry, the government established a one hundred percent import duty on all foreign automobiles. Non-tariff barriers such as quotas and licensing also made business difficult for foreign companies. To purchase foreign appliances Chinese citizens were often forced to purchase a license to have the unit installed. These anti-competitive devices needed to be abolished so as to comply with the spirit of fair competition...
pages: 7 (words: 1804)
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added: 03/16/2011
"After reading Twelve Angry Men we feel confident in the American legal system." Do you agree with this statement? In your response discuss how the playwright positions us to think about the jury system. Reginald Rose's cynical examination of the legal system in Twelve Angry Men by no means leaves the audience with any feelings of confidence in its procedures. Regardless of whether each member of the educated audience (such as befits the medium) has his/her's own opinions of the judicial system of democratic countries, the playwright moulds a seemingly uncomplicated situation through the dramatic elements of dialogue and language, set and character to entice a response shattering any preconceived faith in the judgement of right and wrong. Rose's use of setting serves a dual purpose of practicality and symbolism in developing his theme of the ambiguity inherent in America's legal system. The static environment of a jury room simplifies the presentation of the material but most importantly limits the focus of the play to the characters and their relationship to the assumptions we have in achieving justice. Not only are assumptions questioned but also our values. The "drab, bare room" with few comforts (only old props), to the jurors even during hot days reveals how little value is placed in the role and power of the juror. This in itself decreases the value of the legal system. The power of the system, symbolises by the jury room, is subject to human value. All the power of the judicial system culminates in the hands of twelve ordinary people, who we can only trust to be fair and serious. It is through the dialogue and language that the composer attempts to evoke a negative response. The fast paced conversational language of the jurors, interspersed with light banter, highlights naiveté of the jurors. Rose then...
pages: 2 (words: 440)
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added: 01/17/2012
There are plenty of reasons why to withhold the information from the public, but the challenge of a progressive authority should whenever possible to act with a transparency and honesty. The main reason to withhold information is the fear from criticism and attack. While a vague political statement might leaves everybody satisfied a lucid plan would always cause disagreement and debate. Another reason could be to cover mistakes and corruption: he who does not know does not bother. And finally there is the fear from commitment, if you are a local chief and you show a plan to reduce the crime rate in 30% within a year. If you wont follow the plan you would lose your credibility. Although all the above is true a modern authority shared the information with the public. A progressive society would not be satisfied with vague information on one hand and would demand debating and take part in the decision process. To create a confident relation with the public a honesty is required. The dialogue between the authority and the public through the media would finally create better decision that would be accept with greater alacrity than a decision taking without debate. The challenge is to create a system that support sharing information to their advantage. Finally I would like to add that the challenge is also for the media and the legal system. The media should disclose the array of ideas in an objective manner and avoid from being a stage for demagogy. The legal system should be efficient to avoid long delay in the execution process. Is the public ready? Are the media and the legal system ready? I believe that at the end they would. --...
pages: 2 (words: 285)
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added: 01/27/2012
Aristophanes is a comedy writer, whose surviving plays are dated from 425-388 BCE. The Wasps is his 4th surviving play, which is a satirical comedy, attacking the Athenian jury system and law courts. As a playwright at this time Aristophanes would have been a Greek citizen with high status and good education, but with a lot of money to be able to stage these plays. Aristophanes would have been writing, aiming specifically at his audience. Although anyone in Athens could come to see the plays they would all know about the law system, and the contemporary issues and events. However, many people today watch, and read, Aristophanes' plays, including The Wasps and still enjoy them. These people realise it was written for a different culture of people, yet they still understand and enjoy he plays, and find humour in them. Aristophanes is a satirical writer. The Encarta World Dictionary defines this as "the use of wit, especially irony, sarcasm, and ridicule, to attack the vices and follies of humankind." In the Wasps Aristophanes is attacking the jury system of Athens, but he also includes jokes directed at contemporary figures and events. These jokes would have no meaning to anyone unfamiliar with the time the play was written. An example of this is in Xanthias' dream, he sees an eagle turn into Cleonymus and drop a snake which turned into a shield. This is a reference to the rumours about Cleonymus, and the fact that he dropped his shield in battle, to run away in cowardice. Anyone who didn't know this story wouldn't know why Sosias broke into his tale saying, "Don't tell me - the snake turned into a shield and he dropped it!" Yet, once again, modern audiences can guess that this is a reference to Cleonymus being a known coward. Although the jokes would not have the instant affect they would on the first audience, modern people would understand the jokes. The Wasps is a political satire,...
pages: 4 (words: 888)
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added: 02/04/2012
The Queensland legal system is currently outdated and due to this, child abuse levels are rising. The Queensland laws on family issues were created quite a long time ago, and with the changing ways of society, the laws must be updated to have any effect on the victims and offenders. The child abuse laws in Queensland are currently insufficient and not suitable for many of the problems abused children face. The current law is based around the action of taking the child abuse victim away from his/her inflicting environment and put into government care (a children's home). This is good for a short-term solution but the issues that the child has acquired during its torment will generally be a life long concern. Counselling should be made a necessity for both the abuser and the abused, as well as the immediate removal of the child. When a parent is found to be guilty of child abuse, they can be charged under torture, assault, assault and battery, mistreatment of a minor. The law needs to bring in a system where the guilty parents of child abuse can be charged by child abuse laws, not those of common crimes in society. Child abuse is a long-term thing, which will affect the victim for his/her life. Child abusers generally abuse their own children, creating a long-term cycle, which will continue generation after generation. Queensland police reports have claimed that seventy percent of criminals were abused as children. Abuse is classified as many different things, not just physical abuse, as most would believe. The lack of many of the parent's obligations could be classified as child abuse. Child abuse can be physical, sexual, mental, and verbal. Physical abuse is, physical harm, torture etc. Sexual abuse is forced sexual contact where someone has not consented. Mental abuse is...
pages: 2 (words: 513)
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added: 02/06/2012
No matter what point in time, whether it be the first days of man's existence or the present day, conflict and dispute has always existed between fellow man. Throughout time, improvements have been made in the methods of settling their disputes. Medieval Icelandic society exemplifies some of the various methods that have been used to settle conflicts through its unique legal system. Depending on the situation and those involved, the settlements ranged from savage blood feuds to ordered sentences of compensation or outlawry by members of an ordered assembly called The Althing. There are many examples of these conflicts incorporated into the three Viking sagas: The Tale of Thorstein Staff-Struck, The Saga of Hrafnkel Frey's Godi, and The Saga of the People of Laxardal. Surprisingly, medieval Iceland contained a well-organized legal system. This was comprised of a decentralized self-government including free farmers with positions of chieftains, thingmen, and their slaves. Early Iceland was divided into several districts, each containing three chieftains. The Althing, a general assembly that was held every year, contained people of every district and every position and discussed various cases, their settlements, laws, legal codes, etc. Disputes that were settled legally followed certain guidelines and rules that were determined at The Althing. A previously and well prepared case was presented in front of the general assembly, composed of chieftains and thingmen, by an individual chosen to defend the accused and one to prosecute the accused. Basically, each side had to give reasons and provide witnesses to convince the jury to punish or request compensation from the accused, or to dismiss the entire case. The court then made a ruling and decided a sentence or amount of compensation. In Hrafnkel, Sam presents a case against Hrafnkel in front of The Althing to avenge his cousin Einar's killing. Sam presents his...
pages: 6 (words: 1650)
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added: 01/19/2012
In the American legal system you are said to be innocent until proven guilty. In Barry Winstons "Stranger Than True" he states, "what about a situation in which all evidence seems to point to a persons guilt." Barry Winston may have found it harder to believe his client was innocent when the evidence pointed in the other direction. In the American legal system the accused are guilty until proven innocent. The first reason why Barry Winston believed his client was guilty is because he was drunk. Winston's client blew a fourteen on the Breathalyzer tests. The kid had three beers before he and his sister decided to leave a party. The kid was being charged with manslaughter and a DUI because he wrecked his sisters car, and killed her in the process. Winston notices that the kid never said who the driver was. Another reason why Barry Winston believes his client is guilty is he was too drunk to remember what happened. After leaving the party the next thing Winston's client remember is waking up in the hospital. Winston's client was too drunk too remember anything until be wakes up in the hospital with bandages and casts all over him. The kid doesn't even remember if he was driving or not. According to doctors the kid has post-retrograde amnesia. Winston was beginning to lose faith in his clients innocents however he states "of course I believe him, but I'm worried about finding a judge who'll believe him." Winston has trouble finding a witness who knows the whole story. Trooper Johnson can only go by what he investigated at the scene. Holloway pulled the bodies out of the car, however he still refuses to talk to Winston. The final reason why Barry Winston's believes his client is guilty is the car was speeding. The...
pages: 2 (words: 455)
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added: 02/17/2012
Philosophy Of Law In an attempt to answer the question "What the law is?" Professor J. L. Austin proposes a "Command Theory of Law". One way of understanding this theory of traditional positivism is to compare it to the famous empires of Medieval Japan. These empires consisted of a single Emperor, or a "sovereign" , that was considered to have the complete obedience of the people in his empire. Another aspect of his authority is the idea that there is no other political figure higher than the Emperor. With such power and status at his disposal, the Emperor is able to inflict any degree of punishment that he sees fit if his commands are not carried out or followed. In describing law as being a command backed by threats of punishment for insubordination, Austin is not arguing that any type of command be considered a law. It would be absurd to think a father commanding his son to take out the garbbage would be a type of command to be considered a law. Rather, being that laws govern entire groups and societies, the commands must originate from an authoritative source or "pedigree" that the people in the society give obedience to. In analyzing Professor Austin's theory of law, Professor H. L. A. Hart argues that Austin fails to describe the true "essence of law" . Hart views Austin's command theory of law as no different than a gunman commanding a bank teller to give him the money. In this example, the gunman is in a position of authority (in relation to the bank teller) and is capable of inflicting lethal punishment to the bank teller if his commands are not carried out. Thus, as Hart contends, the bank teller would feel "obliged" to hand the gunman the money for fear of the...
pages: 11 (words: 2898)
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added: 12/19/2011