INTRODUCTION TO CULTURAL ANTHROPOLOGY-Unit 4, Question # 1 Essay

INTRODUCTION TO CULTURAL ANTHROPOLOGY-Unit 4, Question # 1 - Essay Example These movements were intentionally as tools for demanding and attaining political autonomy from the colonial governments. In some countries like south Africa, colonialism led to social and political segregation were the whites and the blacks were entitled to different political and social rights. However, this ended as a result of the powerful effect of political resistance and liberation movements like African National Congress (CANC) (Scupin and DeCorse, 2007). Political division of the Africa is another major effect of colonization on Africa. European nation divided different areas of Africa into colonies to serve their needs for raw materials and needs of overseas markets. These colonies reflect the present day African countries. A positive aspect of colonialism was the rise of powerful African leaders who could lead the continent towards a brighter economic and political future. Examples of these are President Nelson Mandela of South Africa. Colonialism also opened a door for the poor to participate in politics through revolutions were majority of the members were peasants. Many aspects of contemporary Africa portray the residual effects of colonialism. An example of this is the boundary disputes and separation of people from similar ethnic background. This came because the political division of Africa into colonies was done arbitrarily without knowledge of its socio-cultural characteristics. These boundaries are now political hotspots. The citizens of different African countries are basically created groups who were left behind fighting for the resources across created boundaries. Factions among communities can also be traced to colonial experience. One of the techniques that colonialists used to dominate a country, and thus prevent uprising, was to split its community into factions then pit them against each other. The creation of the Hutu and the Tutsis in Rwanda is a good example. After a few generations, these divisions intensified and

Advise the Board of Directors of Choc Delux of their liability to Assignment

Advise the Board of Directors of Choc Delux of their liability to Kylie under the tort of negligence - Assignment Example The inclusion of a new ingredient was not communicated to customers. However, it can be argued that nuts are edible and are mostly used alongside cocoa. In this regard, Choc-Deluxe did not foresee any harm. According to tort law, harm should be foreseeable for a firm to be accused of negligence, thus, liability can be exempted. Consequently, the relationship between a firm and its customers is a bother. For a firm to be held responsible, there must be proof that it understands the customers situation, thereby proving negligence of the duty of care (Caparo Industries Plc v Dickman [1990] 1 All Er 568) The complications that arose from consumption of the product caused Kylie a huge economic loss. However, there is a weak link between the company’s products and the economic losses of Kylie. Choc-Deluxe cannot be accused of negligence since they had no information about the chain of events that would lead to the loss. Thus, the duty of care cannot apply in such instance (Hedley Byrne V Heller [1963] Ac 465). In Bolton v Stone [1951] AC 850, a defendant cannot be deemed negligent if the damage caused by the actions were not foreseeable. In the case of Coke deluxe, the damages to the plaintiff could not be foreseen as her condition was not known to the company, thus, the company is not responsible for the violation of torts. Consequently, there was no established link between nuts and injury among many consumers, thus making Kylie’s a unique case. The extent of economic and health damage caused by consuming chocolate laden with nuts can be attributed to lack of proximity in the relationship between the firm and the customer. Irregardless of the fact that Choc-Deluxe needed to communicate to the customers about the changes, a tort could not be admitted since the company did not have the details of her special circumstances and if knowing her circumstances would have made an impact on the

Crime and Society Essays criminal justice considerations

Crime and Society Essays criminal justice considerations INTRODUCTION the problems of society become most visible when change occurs, and recent decades have brought immense social and economic changes (Pampel, 2000: 52). This can be revealed most clearly in the sociological aspects of youth crime. However, it has also been claimed that social policy should evaluate how policies impact on peoples lives (Blakemore, 1998: 5). Durkheim noted that society works best when it exercises control over individuals (Pampel, 2000: 72). Acceptable behaviour is enforced through law and morality which is maintained through rules and principles: the cement of society (Devlin cited in Elliott and Quinn, 1998: 449). This cement illustrates legal moralism that has been identified as socially significant (Cotterrell, 1989, Page 1). Accordingly, an analysis of laws conceptual structures (Cotterrell, 1989, Page 3) could be ascertained and the importance of shared values emphasised, ultimately influencing individuals behaviour (Pampel, 2000, Page 57). This has been reflected in a decline of organic solidarity, differentiating societys collective conscience, and thereby creating an environment for an increase in crime. This philosophy of inter-related support has been recognised as structural functionalism which, taken to extremes, acknowledges that poverty and crime are normal and natural functions within any healthy society (Pampel, 2000, Page 75). The rule of law should represent the ideal of a universal goodness exhibiting no negative impact on any given society, and no negative characteristics that could apply to its nature according to Thompson (Thompson, 1975, Page 266). Unfortunately, it appears to be this concept that has swung too far in the favour of societys miscreants, to the detriment of their victims, the communities in which these offenders live, and the weaker members of society, prompting the current debate on victims rights and David Blunketts intentions to re-address the balance to deliver real justice to victim s and the wider community (Blunkett, 2002b). This essay evaluates the wider issues surrounding the criminal justice system, social policy and how feminism and the study of gender impacts on these sectors. Classicism and positivism are particularly relevant to any study of criminology and lead to an introduction of criminological theories which attempt to put feminism into the context of social policy within the criminal justice sector. Crimes amongst the youth might also be considered to be a reflection of the current social trends and this facet has briefly been evaluated in terms of social environment. The conclusion summarises many details introduced in this essay. 2. DISCUSSION 2.1 Definitions of crime The Royal Commission on Criminal Justice was set up to: examine the effectiveness of the criminal justice system in England and Wales in securing the conviction of those guilty of criminal offences and the acquittal of those who are innocent (Zander, in Martin, 1998). The Runciman Commission made 352 recommendations in 1993, from police investigations to disclosure of evidence (Field and Thomas, 1994 cited in James and Raine, 1998: 40). All aspects of the criminal justice system came under scrutiny, with 600 organisations contributing to its evidence (Martin, 1998: 115). During this period, the Criminal Justice and Public Order Act 1994, the Criminal Appeal Act 1995 and the Criminal Procedure and Investigation Act 1996 were all implemented, with varying interpretations and capricious emphases which altered according to Management changes. Pampel observes, however, that: the problems of society become most visible when change occurs, and recent decades have brought immense social and economic changes (Pampel, 2000: 52). Durkheim, meanwhile, noted that society works best when it exercises control over individuals (Pampel, 2000: 72) with Weber maintaining that: societies work more smoothly when the use of power has legitimacy in the eyes of both the rulers and the ruled (Pampel, 2000: 113). Deterrence, retribution, rehabilitation and incapacitation constitute the four major theories of punishment. Deterrence aims to reduce crime through threat of punishment, or through its example. The concept is that the experience of punishment would create an impact unpleasant enough to prevent any further offence. Penalties are established to prevent crime being contemplated, with the idea that the example of unpleasant consequences would make potential criminals reconsider any future offence. Retribution requires an offender to contribute community-based endeavours through proportionality related to the crimes committed. The concept involves cleaning the slate through enforced labour to account to society for any misdemeanour. With the intention of better justice through more consistent sentencing, the White Paper preceding the Criminal Justice Act 1991 suggested that convicted criminals get their just deserts (HMSO, 1990a). This concept does actually limit the States power through limiting exemplary sentences, achieving parity when two offenders receive similar punishments for similar crimes. The National Victim Support Programme was considered a way forward with respect to societys acceptance of restorative justice but both of the major political parties have pursued half formed and in many ways half hearted policies in relation to victims of crime. There is little indication of change in this area (Newburn and Crawford, 2002: 117). Conformity through inner positive motivation exemplifies the theory of rehabilitation, although it has been criticised for disparity in proportionality. The concept is not based on the degree of offence committed or focused on the criminals past, but on future rehabilitation to preclude re-offending through changes of circumstances. Conversely, incapacitation recognises that some offenders fail to respond to deterrence or rehabilitation and continue to commit crimes as and when an opportunity to do so presents itself. For criminals with this mindset the only option is protective sentencing to prevent further crimes being committed, thereby punishing the offender for crimes committed with a further implication of punishment for future crimes that could be envisaged if released. An equally important part of restorative justice must be in measures to prevent crimes being committed. Funding of 6 million has been invested in a Government programme to reduce crime. Some of these measures include restorative justice, enforcement of financial penalties, CCTV initiatives, treatment of offenders, youth inclusion initiatives, targeting policies and intervention work in schools To be effective in developing suitable policies the criminal justice system need to approach the problem from different angles simultaneously, and adopt a policy of co-operation and co-ordination across all involved parties. Since the inception of the Regional Crime Squads (South cited in Maquire, 1994, 423), co-operation has existed across autonomous police forces, and surveillance intelligence squads can acquire information which, along with co-operation from the other agencies which make up the criminal justice system, can be collated and used to prevent some of the worst excesses of violen ce and crime erupting. Novick argues that the basis of the State is a need for a single and efficient protective association in a territory (McCoubrey White, 307) with Jacques considering that economic efficiency needs to be assessed in respect of its impact on human feelings, on community and on social relationships and the quality of life in society (Jacques, 1976, 15). Adjudication provides a formal mechanism for resolving disputes, with rules of change available to deal with new problems requiring further elucidation and rules of recognition involving prerogative powers and the sovereignty of Parliament. These rules do not account for those natural rules which acknowledge those inherent fundamental human rights. According to Finnis (2002), each individual is aware that deviation from societys code of behaviour would result in sanctions being applied to avoid injustice. The ethos Finnis applies to his explanation of retribution is considered to rectify the distribution of advantages and disadvantages b y depriving the convicted criminal of his freedom of choice in proportion to his unlawful act. Regardless of theories, an escalating scale of crimes continue to be committed, with 5.2 million offences recorded in England and Wales during 2000 (Recorded Crime, HMSO Press Release, 19/01/01) which, when compared to 3.87 million in 1989 and 479,40,018 in 1950, has an effect on long term projections in the prison population to 2008 (British Crime Survey 2001 2002). Evidence of this was exhibited when the disturbances in Strangeways prison took place in 1990, prompting the Woolf Report (Custody, Care and Justice, HMSO, 1991). It was published as a White Paper in 1991 and highlighted the relationship between overcrowding in prisons and the maintenance of control, promoting ongoing discussions about the aims of imprisonment. Meanwhile, the crime response and solving rate has fallen from 45% to 29% despite the number of police officers having increased from 63,100 to 126,500 (British Crime Survey 2001 2002). Maguire suggests that: increasing numbers of police officers, an increase in telephones making reporting easier, increasing use of insurance, and reduced levels of public tolerance to violence have all contributed (Maguire, cited in Croall, 1997). Stern recognises the system often precludes dedicated people from a more effective route of exacting retribution (Stern, 1989: 247). The diversity of ideas and practices associated with the restorative justice movement exemplify the difficulties associated with the concept. Johnstone (2003) highlights the paradigm of justice associated with practical experimentation that underlies the values and ideas which involve a number of models of theoretical law covering criminal and civil law together with restorative justice. The relevance of this earlier part of the essay reflects the ethos of restorative justice: this is not a new concept, nor can it be viewed in isolation. 2.2 Classicism, Positivism and Realism The divergence of positivism from its precursor, classicism, was described by Austin as a rule laid down for the guidance of an intelligent being by an intelligent being having power over him. (Austin, 1995: 9). Parallels with this concept can be illustrated within the feminist model whereby women were classed as irrational beings and of secondary importance to men. It has been acknowledged that criminological theories have been developed by men for men and attempts to categorise women offenders in accordance with these precepts fails to be applicable (Gelsthorpe and Morris, 1990: xii-8). In other words, men have acquired a dominant position in society. Left realism reflects this dominance. The ethos of left realism illustrates that certain types of behaviour that is more prevalent amongst the less powerful would be classed as criminal. Criminal laws were then introduced to reflect this concept. Rather than the criminal being regarded as an acquiescent offender, left realism would ha ve them portrayed as a victim of society. Furthermore, it is from the concept of left realism that the notion of a number of actors, involving the offender, the police, the victim and the criminal justice system has developed. Left realism distinguishes between a macro level of crime theory and a micro level, the former involving the sociological aspects and the latter a more micro level involving an individual and personal viewpoint of crime (Lilly, Cullen Ball, 1995) and takes into account the role of the victims of crime. Constraints on space preclude a detailed discussion on left and right realism, but an overview identifies four important factors which are regarded as being inter-related and which contribute to a holistic image of crime on both a micro level and a more integrated macro level (Young, 2002). The various theories, such as Labelling Theory, represent right realism and tend to focus on the offender and the reasons why they acted in the way they did. The emphasis on feminism within the field of criminology evolved through the ethos of left realism, where male dominance was recognised for its fundamental contributions to traditional criminological theories. A universal assumption relates to womens particular role within society and, accordingly, studies of women offenders are considered particularly relevant to the sociological facets such as morality and economic situations (Smart, 1976). It has been recorded that 84% of known offenders in 1984 were men, from which Heidensohn notes: Women commit a small share of all crimestheir crimes are fewer, less serious, more rarely professional, and less likely to be repeated (Heidensohn, 2002, 491). Furthermore, according to Barclay (1995, page 20), just 8% of women were convicted of an indictable offence from a population born in 1953 (cited in Heidensohn, 2002, 494). It must be noted that, whilst violence is most often perpetrated by men, 1 in 5 occurrences of violence against women were committed by other women (Coleman and Moynihan, 1996, page 97). According to Gelsthorpes model, however, any studies focusing on womens criminality often tend to focus on their gender rather than the crime itself (1986: 138 149), resulting in sweeping generalisations being made and an assumption that women are mad not bad (Lloyd, 1995: xvii cited in KeltaWeb, 2005). Taken further, it has been suggested that laws are constructed and enforced by men to the disadvantage of women (Burke, R, 2001). Criminology from the feminist perspective is exemplified through either liberal, radical, Marxist or socialist models, the latter also incorporating post-modernism and eco-feminism. The significance of the feminist stance within the criminal justice system relates partly to societys perception of their biological function and lack of rationality, in accordance with Lombrosos theories of atavism. This positive philosophy is a disparate variation from classicism, and was introduced into criminological theory by Lombroso, Ferri and Garofolo (Williams and McShane, 1991: 35) although it was noted that They failed to find the numbers of born female criminals marked by physical, atavistic traits which they anticipated (Heidensohn, 2002, page 492). Heidensohn notes, however, that the evidence of Lombroso and Ferreros work has survived whereas their equivalent rese arch relating to men did not (Heidensohn, 2002, page 493), although other research revealed the importance of sociological and environmental factors (Heidensohn, 2002, page 493). The distinct theories of classicism and positivism have been recognised in criminological studies as the two major hypotheses in the science of penology, conceding criminal anthropology as inherent in identifying criminals through their genetic structure, likening it to atavism (Lombroso, 1876). All people are considered equal according to classicist precepts and governments are created by those individuals to protect the peoples rights through the recognition of a social contract (McCoubrey and White, 1999: 60 84). Classicists aspire towards civil rights, realised through the law as a system of due process. It is this emphasis on the social contract that compounds the deviance as a moral offence against society. Punishment is proportional to the seriousness of the offence and can only be justified to preserve the social contract and deter others (Williams, 1997: 8). The constrained concept of Classicism identifies as autonomous a person who is the result of their environment. Positivism, however, has been documented as either internal, [assuming an atavistic involvement of the psychological or biological aspect], or a sociological aspect of positivism which is outside an individuals control (Burke, 2001: 272) and assumes a dependency in individuals. Positivists approach deviance from a scientific perspective which enables deviance to be rectified through a combination of power and knowledge. The correlation between positivism and criminological theory identified criminals through an inherent genetic structure, perceived as atavistic features edifying villainous characteristics which could be identified through isolationist principles and surveillance experiments and through case studies (Lombroso, [1876] in Williams and McShane, 1991: 35). These sociological studies exhibited a reciprocity which was attributed to a specific social order, deviation from which society recognised as a criminal act. Positivist theory attributed this deviation to an abnormality that could be treated, with the hypothesis suggesting that criminals could be reformed. As the final result was intended to protect society from harm, punishment was sanctioned to provide treatment, not to punish, with cognitive treatments involving group therapy sessions and the use of drug therapies to achieve these objectives. Conversely, Bentham and Beccaria propounded the classical theory of fundamental rights associated with natural law. Their utilitarian principles of autonomy, liberty and rationality acknowledged deviance as a rational act against the rules of society and from which these miscreants needed to be dissuaded through the application of punishments (Burke, 2001: 270). 2.3 Criminological Theories Hobbes observation of human actions being ultimately self-serving, including the concept of morality, related cognisance to a state of nature which guarantees the survival of the fittest. Classicists such as Hobbes, Bentham and Beccaria considered that deviance is an inherent characteristic in the psyche of all individuals (Gottfredson and Hirshi, 1990), displayed as an expression of human rationality towards the presence of bad laws (Beccaria, 1963). Beccaria suggested that punishments should be consistent and logical and bound within the legal system. From the basis on non-conformity to societys rules, deviance has been regarded as a miscreants response to temptation and the exercise of their power over others. Use of a structural method elucidates relationships between a hierarchy of individuals and groups which have been considered to be inherent within the structural approach to criminology and, equally important, societys reactions to criminal behaviour. Crime tends to exhibit specific reactions against deviance, evidence of which can be seen with the Labelling Theory (Lemert, 1967) which focuses attention on the hierarchical role of crimes in society. Control theory, meanwhile, unearths links between individuals and institutions, for example family background and upbringing and corresponding behavioural actions and reactions. Hagan relates this philosophy to what he terms the structural study of crime (Hagan, 1988: 3) and the Power-Control Theory which plays a significant role in explaining the social distribution of delinquent behaviour through the social reproduction of gender relations (Hagan, 1988: 1 287) and affects the social distribution of delinquency. Moreover, one important aspect of this theory is the ethics associated with crime and delinquency, for example, the effects of gender on criminality. Gottfredson and Hirschi (1990), meanwhile, suggest that classicism is revealed through the control theories which exhibit consequences painful to the individual. (Gottfredson and Hirschi 1990) Positivism in relation to criminology depended on the scale of rationality between free will and determinism according to precepts of Cesare Lombroso whose explanations of criminal behaviour resulted in the criminal born man or woman who exhibited physical attributes leading to their recognition as criminals, a situation not supported by Durkheim. Too many variables made Lombrosos theory precarious but his typologies were correlated between certain offenders committing certain kinds of crime (Gottfreddson and Hirschi 1990). A number of other theories exist to explain a psychological or sociological basis to the science of criminology. Bandura and Eysenk studied observational learning, conditioning and personality traits, whilst the Strain Theory and the Anomie Theory of Merton blame environmental pressures on deviance, with the Subculture Theory attributing lack of attainment to societys expectations to be at the heart of offending. 2.4 Sociological Aspects of Youth Crime Whilst all people might be considered equal according to classicist precepts, with governments created by those individuals to protect the peoples rights through the recognition of a social contract (McCoubrey and White, 1999, Page 60 84), David Blunkett singles out a specific sector of society by suggesting that: nearly three quarters of street crime offenders are under 17 and a hard core five per cent of juveniles are responsible for 60 per cent of offences for their age group (Blunkett, 2002c). Clearly, despite the introduction of innumerable projects designed to re-integrate offenders back into their communities, the growth in lawless behaviour has not diminished. Many measures to restrain unacceptable behaviour are now available, amongst which are Youth Offending Teams, Final Warning Schemes, Detention and Training Orders, Acceptable Behaviour Programmes, Parenting Orders, Reparation Orders and Anti-Social Behaviour Orders (Blunkett, 2002c) although, retrospectively, little appears to have improved. In December 2003 Lord Falconer of Thoroton emphasised that this: crime and anti-social behaviour corrupts communities, eating away at the fabric of the way we all want to live our lives (Lord Falconer, 2003). An increasing lack of morality appears to be more prevalent within modern society, with Chief Superintendent of Greater Manchester Police describing these amoral youths as feral (The Times, 2005). Despite all the legislation at the disposal of the criminal justice system, however, the yob culture appears to be endemic, with the vulnerable in society more at risk of becoming victims than ever before. The media report lurid headlines on a daily basis: Beaten to death on his doorstep (Daily Mail, 2005); Beaten up on Video Phone (Daily Mail, 2005); Hoody ban eases shoppers fear (Daily Mail, 2005, page 8). The edition on May 19th 2005 reported how thugs attack a funeral car by launching an 8 foot length of wood through the windscreen of the car travelling immediately behind the hearse. It has been reported that some forces are not making good use of legislation and tackling the imitation firearm problem (Deputy Chief Constable, Daily Mail, 2005, Page 8) when children, some as young as 13, routinely carry replica BB guns, which can cause serious injury to targets up to 30 yards away, around the streets. CONCLUSION In 2002 the Home Secretary intended: to deliver real justice to victims and the wider community and strike a fair balance between the rights of victims and the accused (Blunkett, 2002a). The Legal Action Group suggest that victims and defendants rights are mutually incompatible (Cape, 2004, page 1) and suggest that victims rights are not being catered for; their rights are neither acknowledged nor respected. However, they also ascertain that, in making it easier to convict defendants is not in the best interests of the victims. The fragility between rights to security and freedom and the obligation to protect communities, reflects a natural result of shared morality without which rules would lack meaning (Pampel, 2000, Page 67). This factor was clearly recognised by David Blunkett who acknowledged the public felt that the system had swung too far in favour of the accused (Blunkett, 2002a). This intensely deep-rooted problem of lawlessness within communities cannot be solved by the police alone. Henham observes that this can only be achieved through: disregard of formal legal controls which prove an obstacle to the production of a high conviction rate although he acknowledges that due process maintains an adherence to courtroom procedure and protection of the individual (Henham, 1998, Page 592). Many organisations have highlighted the growth in recorded crime despite measures in place to punish the offender. Punishment falls into various areas from incapacitation to retribution, deterrence to rehabilitation. A large number of theories abound, all attempting to explain the reasons behind criminal actions. These theories investigate the backgrounds of criminals, their psychological and physical attributes and their positions in society together with their abilities to cope with expectations placed on them by society. As yet there has been no definitive answer and, due to so many variables, there possibly never will be. Controversially, Durkheim believed that a certain amount of crime failed to harm society and was normal and valuable in a healthy society (Cotterell, 1992: 159), with the ideas of right and wrong being reaffirmed through the existence of crime and punishment (Pampel, 2000: 59). This reflects a natural result of shared morality without which rules would lack meaning (Pampel, 2000: 67), promoting the concept of the durability of social life inevitably assuming a definite form. Individual and collective morality would assume that offenders should be punished to maintain the stability of the community and maintain their safety. Our collective conscience ensures that the majority accept the rule of law and accept that deviance needs to be punished. Psychologically, restorative justice is assumed to invoke aesthetic sentiment of forgiveness for miscreants and release for victims. What it fails to do is provide society with assurances that their safety and integrity will be maintained in an atmosphere where the offenders rights appear to be upheld in variance with those of the victim, or the fundamental rights the victim is entitled to expect. A personal view could be recorded which considers that restorative justice exhibits illusionary tendencies to pacify the reformers at the expense of societys status quo. Clearly, not a supporter of restorative justice this writer intuitively distorts the semantics and cognitively refers to this concept as retributive justice: more aptly named, and far more appropriate for the majority of offenders who, regardless of intervention programmes to rehabilitate them will continue to offend despite societys best efforts. BIBLIOGRAPHY Austin, 1995, cited in Martin, J (1999): The English Legal System: Oxford, UK, Hodder Stoughton, p.115 Beccaria, Cesare. (1963) [1764]: On Crimes and Punishments. Indianapolis: Bobbs-Merrill. Blakemore, Ken (1998): Social Policy: an Introduction: Buckingham, UK: Open University Press Blunkett, David (2002a): Balance of rights essential to effective justice. June, 19 Speaking at the Metropolitan Police Modernising Criminal Justice Conference http://www.cjsonline.org.uk/news/2002/june/balance_of_rights.html Blunkett, David (2002b): Justice for All Radical reform of the Criminal Justice System unveiled. July 17Criminal justice reforms unveiled. Announcement from Home Secretary to the Police Superintendents Association of England and Wales http://www.policesupers.com/police-supers-news.asp?news_id=139 Blunkett, David, (2002c)introducing the publication of the new White Paper, Justice for all, 2002, November 14: speaking at 3.30pm at the Youth Justice Board Annual. Cape, Ed (2004): Reconcilable Rights: analysing the tension between victims and defendants. Legal Action Group, 2004. http://64.233.183.104/search?q=cache:FHPdMNH7Xw0J:www.rethinking.org.uk/informed/lagbriefing.pdf+current+debate+regarding+victims%27+rightshl=en Burke, Roger Hopkins (2001): An Introduction to Criminological Theory. Cullompton: Willan publishing Cape, Ed (2004): Reconcilable Rights: analysing the tension between victims and defendants, Legal Action Group, 2004. In Victims and defendants rights: can they be reconciled?. Rethinking Crime Punishment, 2005, April, http://www.rethinking.org.uk/informed/lagbriefing.pdf Coleman, Clive and Moynihan, Jenny (1996): Understanding Crime Data: haunted by the dark figure. Buckingham, Philadelphia, USA: Oxford University Press Cotterrell, Roger (1989): The Politics of Jurisprudence: a Critical Introduction to Legal Philosophy: London, UK: Butterworths Cotterrell, Roger (1992): The Sociology of Law: London, UK: Butterworth Daily Mail Newspaper, 2005, May 20: Green, Deputy Chief Constable, Greater Manchester, Page 8 Daily Mail Newspaper, 2005, May 19: Thugs attack a funeral car Daily Mail Newspaper, 2005, May 20: Hoody ban eases shoppers fear, Page 8 Daily Mail Newspaper, 2005, May 21: Beaten to death on his doorstep, Front Page Daily Mail Newspaper, 2005, May 20: Beaten up on Video Phone, Front Page Devlin cited in Elliott, C Quinn, F (1998): English Legal System (2nd edition): Essex, UK, Addison Wesley Longman Ltd Field Thomas (1994) cited in James, A Raine, J (1998): The New Politics of Criminal Justice: London, UK, Longman Finnis, John (2002): Natural Law: the Classical Tradition. In Coleman, Jules L and Shapiro, Scott (eds): The Oxford Handbook of Jurisprudence and Philosophy of Law Oxford: Oxford University Press. Pages 1-60 Gelsthorpe and Morris, 1990: xii-8 cited in KeltaWeb (2005): A Feminist Perspective on Women and Crime. Available from: www.keltawebconcepts.com.au/efemcrim1.htm. [Accessed 09/08/05] Gelsthorpe, L (1986): Towards a sceptical look at sexism. International Journal of the Sociology of Law 14: 125-53 Gottfredson, Michael R and Hirschi, T (1990): A General Theory of Crime. Stanford: Stanford University Press Hagan, John (1988): Feminist Scholarship, Relational and Instrumental Control, and a Power-Control Theory of Gender and Delinquency. In British Journal of Sociology 39 (3):301-336. Heidensohn, Frances (2002): Gender and Crime. cited in The Oxford Handbook of Criminology. Maquire, Mike; Morgan, Rod; and Reiner, Robert. Oxford: Oxford University Press Henham, Ralph (1998): Human Rights, due process and sentencing. In British Journal of Criminology, Issue 38, Page 592 Home Office (2002): Prevalence of Drug Use. Key Findings from the 2001 2002 British Crime Survey. London: HMSO. Available from: http://www.homeoffice.gov.uk/rds/pdfs2/r182.pdf [Accessed 10/08/05] HMSO, (1990a): Crime, Justice and Protecting the Public. Cm 965. London: HMSO. http://64.233.183.104/search?q=cache:n-zy-8yFCIEJ:webjcli.ncl.ac.uk/1996/issue3/rtf/henham3.rtf+HMSO%2BCrime,+Justice+and+Protecting+the+Publichl=en Jacques, E (1976): A General Theory of Bureaucracy: London, UK, Heinnemann Johnstone, Gerry (2003): A Restorative Justice Reader: Texts, Sources and Context. Devon: Willan Publishing Lemert, E M (1967): Primary and secondary deviance. In S H Traub C B Little (Eds.), Theories of Devianc

Essay --

The museum that Daniel Libeskind created through his superb creativity is a direct mirror image of the persistent and consistent presence of Jewish history in the past, present and in the far future. The metaphorical obstacle that the project created was to become a representative of the Jewish struggle and their urge for rescue during the Holocaust, in which Daniel Libeskind defines the experiences in 3 different categories; Continuity, exile and death. The physical procedure that the organization had to overcome were both very solidly influenced by the post modern era, in which they considered as ‘esthetic’ of which included both classical and modern design with the use of zinc faà §ade but deigned in such a classical way that it still highlights its purpose for its presence in Berlin. Furthermore the buildings remarkable connection and message speaks for more than a modern presence-with respect to the social fabric of the city than earlier architectural designs. The Jewish Museum in Berlin, opened to the world in 2001. This museum revolutionizes the social, radical and ethnic history of the Jews in Germany from the 19th century to the present day. The museum especially presents and mixes for the first time, the war in Germany, and the consequences of the Holocaust that the Jews were forced to be in. The new design that Daniel Libeskind came up with, which was created a year before the Berlin Wall was abolished was based on three formats that underpin the museum’s foundation: firstly, the impossibility of understanding the history of Berlin without understanding the enormous logical, economic, ethnic participation made by the Jewish nations. 2nd, the responsibility to integrate the physical and emotional in depth by meaning o... ... is a daring and reserved one. By using ‘fragmentation, separation, non-rectilinear and non-vertical walls’ Ignites the suitable emotion that the museum is trying to receive, both joyful and somber. The building creates the response for one of the worlds most atrocious tragedies which makes the people who visit the building reconsider the purpose of the museum making it much more than a funky design that is trying to get people to visit just for its appearance. Perhaps, Libeskind said it the best,â€Å"The task of building a Jewish Museum in Berlin demands more than a mere functional response to the program for the people. Such a task in all its ethical depth requires the incorporation of the void of Berlin back into itself, in order to disclose how the past continues to affect the present and to reveal how a hopeful horizon can be opened through the aporias of time.’’

Evolution of Detective Fiction Essay

Twenty-first century detective stories are blooming with action, conflict, mystery and so on. But this is only recent development. There is a lot more to it than most people think. From a French man named Vidocq to the creation of modern detective fiction by Edgar Allan Poe, until today’s development of detective stories and its characters. So what made Poe such an important figure in detective fiction history, and in what way did his creation develop after his death? In my study I will try to answer these questions to the best of my capabilities. People started to take interest in crime stories in the early 1800, caused by their fascination and fear of crime. It was the town folks that started to romanticize criminals, as well those who stood up against them: â€Å"The first writing on urban crime pretended to be documentary, but it was filled with archetypes and plots from preceding fiction, particularly the gothic novel† (Marling 2). The detective as a figure first saw light in the early nineteenth century. Eugà ¨ne Franà §ois Vidocq who is considered to be the father of modern criminology and the first private detective wrote Memoirs of Vidocq which inspired writers like Viktor Hugo’s Les Misà ©rables and Honorà © de Balzac’s Le Pere Goriot in creating first of many detective figures based on Vidocq. Of course there were other writers, not just crime stories but novels as well, to whom Vidocq served as an inspiration. A good example to this is Charles Dickens novel Great Expectations. The main and most important difference between the earlier mentioned crime stories and Poe’s Murders in the Rue Morgue is that they didn’t construct their story/case around the detectives: â€Å"Before Poe, the early crime stories did not revolve around the individual detective â€Å"(freewebs editor 3). Crime Fiction is essentially about the solving of a crime, usually a mystery of murder. Crime Fiction texts question what it is to be human and raise questions about identity. (freewebs editor 1) When Poe created Dupin, most of his very own traits were given to the character. Since Poe himself didn’t believe in the supernatural neither did Dupin, giving him a far more realistic view of things, which I believe essentially gave the detective a big step ahead of others when solving a case. In â€Å"The Murders in the Rue Morgue† Poe introduces three of the basic motifs of detective fiction. First is the wrongly suspected man, secondly the crime in the close d room and  finally the solution by unexpected means. It is also important to note the Dupin outsmarts the police by solving the case, which is an element that if not all but certainly most detective storie’s adopted. In The Purloined Letter the reader gets to know another favored element of the detective fiction: recovery and safe keeping of the â€Å"document(s)† needed to ensure the safety of one or more important individuals. In order to make sure Dupin succeeds in this task, Poe introduces yet again important motifs known to the detective fiction: the outsmartingdeceiving of other genius minds, the finding of the evidence in the most obvious place and the use of disguise. Although the element of disguise might not seem so evident at first reading, I am most certain that the use of the green spectacles in order to deceive D—serves as an early version of using clothing or other accessories in order to misguide another character. In the third story of Dupin, The Mystery of Marie Rogà ªt, Poe introduces the method of recreating a crime by recollecting and putting together newspaper reports of the same case. While Poe’s greatest detective fiction will be the one’s pres enting Dupin, we must take a step in taking in to notice Poe’s other two works Thou Art the Man and The Gold Bug readers are familiarized with new motifs from the repertory of detective fiction: the criminals spirit breaks and confesses when he is faced with the enormity of his crime, misguidance by following the wrong clues and the climaxing moment when that the criminal is the least likely suspected person. And of course all five stories have the common unexpected ending which was common to gothic novels in Poe’s time. We must not forget however that there were a few other detective stories in which Dupin makes his appearance even though they weren’t written by Poe. Such stories are like: The Vanished Treasure and The Fires in the Rue St. Honorà © which appeared in a collection of seven short stories by the publisher Mycroft & Moran, The Murder of Edgar Allen Poe by George Egon Hatvary, etc. The interesting fact about most of these stories in which Dupin makes an appearance is that he either meets or gets regarded as being Poe himself Just as Vidocq in his own time, Poe’s writings served as role model for the new detective fiction, but unlike Poe who introduced the reader to a new type, a reformed detective story, the new generation of writers kept and used the new motifs and elements which Poe created. None other could serve as a better example for this than the m ost widely known detective in world,  namely Sir Arthur Conan Doyle’s Sherlock Holmes. In my personal opinion Holmes serves as the best comparison to Dupin. They represent the perfect rivals in what I’d like to call â€Å"who’s the better detective†. In order to make my point in why Dupin is the superior I’ll point out a few of their similarities. First and most likely observed by all readers that both detectives are presented by a narrator who just happens to be their best friend. Like Dupin, Holmes uses cold logic in the solving of the cases. While today’s detectives seem to be more calm and appear to have part in way more action, Dupin and Holmes isolate themselves, they are eccentric, somewhat egoistic and they both enjoy smoking the pipe. But most importantly in their stories the focus is on the case and the solving of the puzzle rather than putting the main protagonists in the middle of the action. While few say that Holmes is a copy of Dupin, most would consider Holmes to be the perfected version of his superior. In A Study in Scarlett Holmes sidekick Dr. Watson makes a comparison between the two detectives: â€Å"Now, in my opinion, Dupin was a very inferior fellow †¦ He had some analytical genius, no doubt; but he was by no means such a phenomenon as Poe appeared to imagine.†(Doyle 24). I believe that most important trait of Dupin that separates him from the other detectives is that he wasn’t exactly a role model for the mentally stable. This of course is the effect of the loss of his inheritance. While Holmes himself wasn’t the charming kind of fellow one might choose as friend(he was addicted to cocaine, stayed up for hours walking around or playing on his violin, making smelly chemical experiments and he even fired off his gone sometimes), his bad habits were of his choosing and making so it wasn’t nearly as bad as Dupins case. Of course Holmes isn’t the only one to be created in Dupins image. Hercule Poirot created by Agatha Christie in one of the characters on which Dupin had a huge impact. In the 20th century the detective fictions have considerably changed in the way they are seen. This of course is due to the new generation. Most of the younger generation lack the imagination to fully understand and enjoy such works as The Murders In The Rue Morgue or Sherlock Holmes due to the fact that they lack action. Today’s generation is used to all the constant action and violence thanks to TV and PC games. So as these factors changed society  entertainment industries took on new elements. Since recent years haven’t produced any film adaptations about Dupin, I’ll have to stick with Sherlock Holmes. The new movie, while still being a detective story, can be easily put into the genre of action. Consider the movie to be most enjoyable despite the fact that it completely lost the book’s magic. With all its stunning visuals and extreme action scenes it is hard for me to find it anything nearly as the book. I believe that the only thing which is kept in it is Holmes himself. Holmes remained the same seemingly mad but genius and efficient detective I got to like from the book while Watson became a 19th century action hero. One must know the detective fiction motifs in order to identify them in the movie, but I assure that they are present. In conclusion, detective fiction is a genre still under development, since new elements are only starting to emerge and all is thanks to the drastic change of technology and way of thinking. But this doesn’t mean that it will surely develop in a positive way. There are way too many factors that play a part in it, however we take our part in preserving the bases of this great genre and putting our own ideas to it in while to make it even greater. But this is question only time will answer and the people who work on it.

Information and Knowledge Management Essay

The group presented Xerox and NASA as case studies for Information and Knowledge Management concepts and processes. These two case studies are chosen for their unique experiences. It is not the focus of this material to compare and contrast the two cases. The objective of this material is to discuss how the key issues that were chosen by the group relate to the growing literature about Information and Knowledge Management. Along with this, efforts to differentiate Information Management and Knowledge Management provide a better grasp of these two concepts, their practices and their roles in organizations. Xerox’s case focused on its organizations efforts to arrive at accessing its knowledge by transforming tacit into explicit. Prior to the establishment of its knowledge base system, in the form of Eureka II, ethnographic work on Xerox employees provided an initiative for the company to grow an interest in managing its organizational learning. The key issues from this study were identified. Andrew Cox’s investigation of Xerox’s Eureka system and its inception seems to indicate that knowledge management is a re-packaged concept of information management. The employment of Orr’s ethnographic work implicates a possibility that the organization used this innovation as its own â€Å"rebranding tool†. (Suchman in Cox, 2007, p. 7). Furthermore, the group inquires about the concept of communities of practice (CoPs) as a more promising alternative to the technical approach implemented in Eureka’s construction as knowledge base system. The case study of Xerox provided an opportunity to glimpse how an organization behaves and transforms its practices to create innovations and, in turn, keep its stability and competitive edge in the market. The special case of NASA’s Challenger incident is an important specimen to investigate how an organization manages its security and safety practices. The nature of NASA as an organization can be understood by examining its vision, mission and goals. However, the group focused on a particular incident and its chronology. Risk analysis and risk management are some of the concepts that relate to this organization’s experience in information and knowledge management. Some of the key concerns for this case are identified as: (1) Should NASA have a Eureka-type system? ; (2) Do you think communities of practice would have helped NASA? ; and (3) How would NASA have benefited from going through the alignment process? This material attempts to clarify these inquiries and to provide direction by citing numerous studies and concepts in the field of knowledge management. Discussion NASA’s case, particularly of Challenger incident, can be examined by using the concept of risk assessment and management. Risk management is defined in NASA’s literature as â€Å" a management process by which the safety risks can be brought to levels or values that are acceptable to the final approval authority. † (ASEB, p. 79). Processes such as the establishment of acceptable risk levels, formalization of changes in system design or operational method to achieve such risk levels , system validation and certification and system quality assurance were enumerated as part of risk management. ASEB, p 79). After the Challenger incident, recommendations such as hierarchical tasks were cited: The Committee believes that risk management must be the responsibility of line management (i. e. , program manager and, ultimately, the Administrator of NASA). Only this program management, not the safety organizations, can make judicious use of means available to achieve the operational goals while reducing the safety risks to acceptable levels. Safety organizations cannot, however, assure safe operation; they can only assure that the safety risks have been properly evaluated, and that the system configuration and operation is being controlled to those risk levels which have been accepted by top management. (4. 1, 4. 3) (ASEB, p. 79) The passage above was one of the lessons learned, the identification of the elements of and responsibilities for risk assessment and risk management, as cited in the assessment document in 1988. Establishment of responsibility for program direction and integration, the need for quantitative measures of relative risk, the need for integrated review and overview in the assessment of risk and in independent evaluation of retention rationales, independence of the certification of flight hardware and of software validation and verification, and safety margins for flight structures were all cited as lessons learned following the Challenger accident. Clearly, risk management is an aspect of information management in this particular case. Aside from the initiatives for changes in the areas of risk assessment and management, examining NASA as a learning organization might helpfully illustrate the information processes within the organization. Organizational learning in NASA can be traced back to Apollo era when centralization of shuttle management structure was adopted. (Mahler & Casamayou, 2009, p. 164). But these lessons can be unlearned as what the case of the Challenger accident had shown. Prior to the Columbia accident that followed in 2003, unlearning in critical decision areas occurred. Mahler & Casamayou (2009) relates this event as follows: Similarly, there was initial evidence that NASA had learned to resist schedule pressures. The agency delayed launches to deal with ongoing technical problems and made the decision to rely on the shuttle only when absolutely needed, But these lessons from the Challenger faded in the 1990s under severe budget constraints and new schedule pressures created by our participation in the International Space Station. (2009, p. 164) This relates how outside forces can affect organizational learning. Public organizational learning, not unlike corporate organizational learning, is affected by its environment. Risk assessment and management, instead of context in market competence and capital gains in corporations, becomes the context of reliable goals and public stature in public organizations such as NASA. There are particulars of public organizational learning that should be brought to light to better understand the information processes and learning behaviors within NASA. Mahler & Casamayou (2009) enumerated a three-part process of organizational learning. One is problem recognition, another is analyzing the results to produce inferences about cause and effect in the hopes of arriving at an understanding how to achieve better results, and the last one is the institution of new knowledge that the organization will benefit from. (Mahler & Casamayou, 2009, p. 166). These processes summarizes the processes of public organizational learning on a macro-level. It is also important to examine the interactions of actors within the organization. During the group presentation, inquiries about how NASA should benefit from a Eureka-type system was mentioned. The concept of communities of practice (CoPs) within NASA, as a source of Andrew Cox’s (2004)non-canonical knowledge was explored. Before the establishment of any knowledge base systems, an eventful experience is treated as a learning source. As with NASA’s case, following the Apollo era, detection systems were installed and had been reliable ever since its inception. These quantitative measures of assessing risks and failures runs parallel with the practice of corporate organizations over-reliance on technology, as what the firs-generation knowledge management practice brought us its â€Å"IT trap†. (Huysman & Wulf, 2006). What should also be noted is the transformation of NASA into a complex system of actors, decision makers and diagnostic and technological tools. As a system becomes more complex, there could be a higher possibility for unexpected and undesirable outcomes. The concept of Charles Perrow’s (1999) normal accident theory is closely related to this inference. The nature of function and decision-making within NASA exemplifies Perrow’s concepts of coupling and interactions. Interactions can be tightly coupled or loosely coupled, as with NASA’s case it is of course tightly coupled. These tightly coupled interactions found within an organization cannot tolerate delay. Interactions can be linear or complex. (Perrow,1999). As with NASA’s case, it is undoubtedly complex. As mentioned earlier, the possible over-reliance on diagnostic systems and isolation of decision makers and pressure to launch are accountable for the incident. Judging and perceiving also play a role in learning. Decisions in NASA’s case are measure-based and as well as judgement-based which could be said, is more reliant on intuition and non-verbal experience. But in this case, NASA’s critical decision actors were not thoroughly immersed in the safety measure practice which in turn shows that organizational structure has a role in the incident. As Baumard (1999) related in his work on tacit knowledge in organizations, ‘puzzled organizations’ are manifest when accidents take place. The notion of ‘acceptability’ was, in effect, a social construction developed in the context of an organization in which the perception of risk thresholds had been modified by the routinization of the mastery of a complex technology. If the O-ring problem had been brought to the attention of an untrained public it would quite probably have provoked an animated reaction. In a different social context it would have been found entirely ‘unacceptable’ to launch space shuttles with joints that risked giving way, whatever the level of this risk. Despite the accuracy, the precision to categorize the risk associated with the joints as ‘acceptable’ seems to be based more on the common meaning of the word ‘acceptable’ than on any scientific definition. There is no equivalent to the ‘acceptable’ in other areas of exact science—it is a value judgement, not a measure. This suggests that, it ‘reality is hidden by measures’ (Berry, 1983), measures too may be sometime hidden by reality. The road to disaster in the Challenger shuttle case was clearly of social construction.