Business Law Coursework Essay Example | Topics and Well Written Essays - 1500 words

Business Law Coursework - Essay Example (or "Divies") under the principle of vicarious liability. Crates may likewise have a claim for consequential economic loss. For Abraham and Crates to successfully claim under the law of tort, it must be shown that the elements making up a successful claim of negligence exist: duty, breach, causation, and damage. In the case of Lochgelly Iron and Coal Co. v M'Mullan (1934), it was stated that the tort of negligence 'properly connotes the complex of duty, breach and damage thereby suffered by the person to whom the duty was owing'. It was likewise stated in Burton v Islington (1992) that 'it is now elementary that the tort of negligence involves three factors: a duty of care, a breach of that duty and consequent damage.' Based on the foregoing decisions, the tort of negligence to be actionable must have the following elements: (1) there is a legal duty of care owed by defendant to the plaintiff; (2) a breach of that legal duty of care consisting of an act or omission by the defendant; and (3) consequent damage on the part of the plaintiff as a result such act or omission by the defendant. [see also Markesi nis, p. 69 (1999)] In the recent case of Jones v BBC, 2007 WL 2187023 (QBD), Jones, a freelance sound recordist for defendant BBC, claimed that he suffered personal injury caused by the negligence of the defendants. During a recording of the lowering of a windmill mast, and while Jones was walking under the inclined mast, the windmill rotor fell onto his back causing severe spinal injury rendering him paraplegic. In ruling for the claimant, the court stated that the BBC, as employer, had assumed responsibility for the health and safety of freelancers when they work on BBC productions. Since the safety crew had identified a risk of the falling mast, a discussion before filming should have been made to warn the crew not to go beneath it. But the safety crew did not give the warning. Such failure of BBC, through the safety crew, is considered negligent which caused Jones' accident. It had been held that it was incumbent upon BBC, its safety crew and the owners of the farm as occupiers of the site to take steps further to those they had taken to ensure that the BBC crew did not pass under the mast during its lowering. In the instant case, the shop manager breached the legal duty of care required of him under the circumstances when he failed to give a safety warning or danger warning after opening the windows onto the pavement because it is reasonably foreseeable that such window obstructs the path of the pedestrian and is most likely to cause an accident. Thus, in the case of Crowther v Kirklees Metropolitan Council (2006), the claimant ambulance driver claimed damages for personal injuries she sustained when she went to the house of a patient where the street was a narrow cul-de-sac with no footpaths. When plaintiff got out of the ambulance and placed her right foot on the step, as it was a high drop to the road, and her left foot on the ground, it entered a large defect centred around a circular utility cover measuring 5cm in depth, 40cm in width and 46 cm in length. When her foot entered the defect, she went over on her left ankle, which she strained. In ruling for the plaintiff, the court stated that it was reasonably foreseeable that the defect could result in injury to pedestrians. The

ORGANIZATIONAL DEVELOPMENT Question # 1 Essay Example | Topics and Well Written Essays - 250 words

ORGANIZATIONAL DEVELOPMENT Question # 1 - Essay Example As such, it is important for the management to come up with strategies to change job satisfaction into positive employee behavior. To begin with, the manager must come up with means of rewarding employees who register exemplary performance. This will increase the employee satisfaction levels of such employees as they feel that their hard work is being appreciated by the organization. The manager should also involve employees in decision making especially on matters that directly affect them (Robbins & Judge, 2011). This will make employees feel like being part of the organization thus boosting their morale. Further, managers need to come up with occasional surveys to determine employee satisfaction levels. This will enable the management ascertain areas, which they need to improve in order to satisfy their employees. In particular, if I was in the position of a manager, I will begin by undertaking employee satisfaction survey in order to ascertain areas of dissatisfaction. Thereafter, I will implement the recommendations thereof in order to improve employee job satisfaction levels. Once implemented, I will undertake an employee satisfaction exit survey. The exit survey will help in evaluating the success of the strategies employed with the aim of boosting employee job satisfaction

International Law †Definition Essay Example for Free

International Law – Definition Essay There have been many attempts at codifying the laws governing international activities. An international law essentially governs international activities, or activities that have international implications, between two sovereign nations or entities by common rules, standards and conditions. The concept of legally binding agreements with an international scope was first introduced by Jeremy Bentham in the last quarter of the 18th Century (ILC, 2009). Jeremy Bentham was an English philosopher who first coined the idea of an international law that would regulate all important activities or aspects of international activities like commerce, justice, high sea activity, illegal acts, sovereignty, self defense and crime (Britannica, 2009). International law is inherently different from other laws as it primarily addresses the concerns of nations and not private citizens. It can legally be categorized into three different legal disciplines: 1. Public international law deals with common law issues between sovereign states and international organizations. Legal areas that are covered under the ambit of Public international law include international crime, high sea issues and humanitarian laws. 2. Private international law also called as conflict of laws, addresses the issue of ‘private relations’ across national borders and decides on the jurisdiction of the law. It has its roots in all the conventions, model laws, sovereign laws, legal guides, and all other documents and related instruments that govern such international relationships (ASIL, 2009). 3. Supranational law also called the law of supranational organizations, governs regional agreements between two international entities and distinguishingly nullifies laws of the respective nations in a situation of conflict with their sovereign laws. Public International Law Public international law relates to the form and ‘conduct’ of individual states and various organizations across the globe. Over a period of time, there has been an increased international activity and globalization has further enabled internationalization of issues. These issues, whether, economic, geo-political, environmental, criminal or else, find their right place under the ambit of Public international law. Public international law mainly has two branches that that deal with international issues. ‘jus gentium’ or ‘Law of nations’ was initially used by the Roman empire when they dealt with foreigners. Law of nations is a common law among nations that deals with issues like peace and war, extraditions, national boundaries and international diplomatic exchanges (Wiki, 2009). The other branch of Public international law, known as ‘Jus inter gentes’, also finds its roots in the Roman law system. This branch mainly deals with international treaties, conventions and other agreements between sovereign nations and international organizations. Public international law is also used to address sovereignty issues of nations, their boundary issues and jurisdictions. They also identify the legal responsibilities of a state, their jurisdiction of a territory and other territorial issues. This may lead to a situation of conflict between the international law itself and the sovereign state. Private International Law Private international law as described earlier addresses the issues between two private international entities. This branch of law regulates all the lawsuits that involve an element ‘foreign’ in nature and ones that may result in different interpretations and judgments depending on the jurisdiction of the subject (Collier, 2001). Private international law, in a situation of conflict between two international entities, determines if the proposed forum has any jurisdiction at all over the conflict situation. It then analyses and decides on the ability of competing state laws in dealing with the dispute. This branch of international law is also responsible for enforcement of the law. The term ‘conflict of Laws’ generally refers to the disparities between laws and reflects this disparity irrespective of the fact whether the legal system is international or inter-state. The term ‘conflict of laws’ is used by countries with common law system whereas the term Private international law is used more appropriately in cases where civil law countries are involved. The term that was initially used by and American lawyer and Judge Joseph Story for a common gamut of international laws, was discarded later by the common law researchers but was adopted by civil law lawyers (Collier, 2009). Since Private international law deals with international territorial disputes and also decides on legal jurisdictions of nation states, it is generally not easy to enforce decisions. There are two different lines of legal thinking that that try to define this law. One called ‘universalism’ is a stream of thinking where the researchers believe that this branch of law is a part of international law and applies in uniformity and is legally binding to all the nation states. The other group of researchers claims it to be ‘particularism’, according to which each state has its own unique norms of private international laws and pursues them in line with its policies. There are two major areas of functioning for Private international law. ‘Sensu stricto’ or narrow sense comprises of these set of rules and guidelines that actually determine the applicability of law of a nation in relation to the dispute. ‘Sensu lato’, also called as broader sense, comprises of a set of legal guidelines that has a direct bearing on material norms crossing the borders of a state (Collier, 2009). This branch of Private international law normally deals with global issues like international insurance, realty and financial disputes. It was in 1834 that Joseph Story’s treatise on the conflict of laws introduced the contemporary field of conflicts to the system of international law. His work had a great influence on the further legal research done on English laws and thus became the heart of Private international laws for most of the commonwealth countries. Sources of International law International law has evolved over a period of time and has its roots in the Middle Eastern and European history. It was Muhammad al-shaybani who first introduced the Law of the Nations at the end of the 8th century. These were the early legal treaties that explored applications of Islamic ethical code of conduct, and Islamic economic and military jurisprudence in relation to international law. Even though these treaties were in their nascent stage as per today’s complexity of issues, they still covered a number of areas under the ambit of international law, including treaties involving diplomats and diplomatic issues, issues of war, hostages and prisoners of war, and also women, children and civilian protection issues, especially during conflicts (wiki, 2009). The first ever treaties discovered in European history were written by a philosopher, theologist and jurist, Francisco de Vitoria, a staunch Roman Catholic, in late 16th century. Most of these legal opinions by the researchers were greatly influenced by the Islamic International laws that were the only legal International law treaties that took shape in the previous few centuries. Another legal scholar Hugo Grotius in the early 17th century further researched on the international treaties governing international laws and was credited for his legal endeavors (Wiki, 2009). The concept of sovereignty further evolved from the 17th century to the early 20th century in Europe. It was in Munster, in 1648, Germany that the first such instance of any treaty governing the concept of international law called ‘Peace of Westphalia’ took shape. This is when nationalism took precedence and people started identifying themselves with a certain nation-state. It was in the United States that history saw for the first time a modern instrument of international law take shape. Lieber Code was passed in 1863 by the Congress of the United States to govern actions of US forces involved with the civil war (Wiki, 2009). This was the first ever written law detailing guidelines and rules of war that were adhered to by all the civilized nations. The sources of International law are various resource materials and the processes that have shaped it over a period of time. Most of these processes or the building blocks of rules were greatly influenced by the politics in general and the legal theories by the researchers or philosophers. The decisions taken by the judges and the writings by the jurists are considered the auxiliary sources for the development of the international law. The international treaties between nation states and organizations, and the customs are also considered international laws of equivalent legitimacy (Wiki, 2009). As per the International Court of Justice, Customs are considered a primary source for International law, along with general principles of law and various treaties. International law and Customs Customary law is already acknowledged by the International Court of Justice by a statute in Article 38(1) (b), and is also incorporated in United Nations charter by Article 92 (Villiger, 1985). Customary laws are applied by international agencies in addressing the issues related to international disputes where the application of customs is considered an equivalent to the general practice accepted a part of International law applicable to the dispute. As a thumb rule, as and when a practice becomes a custom, it is applicable to all the member states of the international community. These states are bound by these customary principles whether or not they have consented for it, unless they opposed it from the start. Customs have long been a primary source for International law. Even though codification of customary laws took place in 1899 and 1907 in the Hague and Geneva conventions, some customs that were codified, like the ‘laws of the war’, had long been the part of international customs. The new codification of customary civil laws developed over a period of time since the middle ages. The customary expressions of law that were repetitive and were widely accepted within a particular community were written into laws by the local jurists. An example of such law would be ‘custom of Paris’ that regulated the community within Parisian region (Villiger, 1985). The term ‘customary law as a part of International law, also refers to the legal norms that were developed over a period of time and with customary exchanges between two independent states either through diplomacy or with wars. Though customary laws are not considered as superior as other laws written by statute or treaties in the International law system and are loosing their influence, they still are considered and recognized as building blocks for the ever evolving international laws and given great thought in most of the scholarly works by jurists. We may find examples of strong customary laws across the globe, like the Canadian aboriginal law, that have a constitutional backing and thus have an increasing influence over deciding factors (Villager, 1985).

Nationalism Multiculturalism Nation

Nationalism Multiculturalism Nation Introduction: Nationalism and Multiculturalism†¦.. Ethno cultural pluralism is an unavoidable fact of life. Almost every state is ethnically and/or culturally heterogeneous. Walker Connor famously suggested that there were only seven examples in the world of states that met the nationalist test of one state per nation, one nation per state. Herder was the one coining the word nationalism. He believed in the uniqueness of each culture and the impossibility of comparing different cultures on an absolute scale of value. Modern Nationalism has various traits and variants: civic, ethno-cultural and multicultural. We should understand nationalism, then, as a normative argument that confers moral value on national membership, and on the past and future existence of the nation, and identifies the nation with a particular homeland or part of the globe. Sweeney defines ‘three types of nationalism: state, civic and ethnic; ethnic nationalists who stress culture and descent, civic nationalists who stress culture and territory but not descent, state nationalism which asserts the dominance of a particular ethnicity. Civic nationalism†¦is more tolerant of diversity, and is marked by a recognition of different ethnicities. He implies that state nationalism, although a well-defined category, has been abandoned by modern European states, leaving only a contest between the remaining two nationalisms. At the same time he hints at the possibility of a new third nationalism that goes beyond the merely civic and tolerant, when he introduces the idea of a nationalism that is marked by multiculturalism. So, there may remain three types of nationalism: ethnic, civic, and multicultural. Since nationalism is well entrenched in the state-society structures, it is an undeniable factor in politics where it creates individual loyalty to an ethnic community, constructing the group identity and working on the mobilization for the benefits of the group interests. But, sometimes it affects the society negatively, this happens if the majoritarian nationalism was contested by a competing nationalism, the society may witness bloody aggressive confrontations, such as what used to happen in between the Scottish and the British in the United Kingdom. Thats why modern history witnesses a large-scale loss of life and property all over world in the name of promoting nationalism. On the other hand, so far in most of the literature, multiculturalism is considered as a policy framework rather than a form of nationalism. A way to manage the immigrants population, achieving integration while maintaining identity. Thus, multiculturalism can be viewed as both a policy adopted in diversely cultural societies and as the demographic cultural status in these societies. As a descriptive term it is used to describe societies which have many distinct cultural groups usually as a result of immigration. Multiculturalism as a public policy for managing cultural diversity in a multiethnic society officially stresses mutual respect and tolerance for cultural differences within a countrys borders, emphasizing the unique characteristics of different cultures especially as they interact with one another inside these societies. Immigrants should preserve their cultures with the different cultures, interacting peacefully within one nation. An important remark in this regard is the fact that while all societies today are culturally heterogeneous, not all of them are multicultural. I quote Bhikhu Parekh â€Å"Multiculturalism doesnt simply mean numerical plurality of different cultures, but rather a community which is creating, guaranteeing, encouraging spaces within which different communities are able to grow at their pace. At the same time it means creating a public space in which these communities are able to interact, enrich the existing culture and create a new consensual culture in which they recognize reflections of their own identity.† Ralph Grillodistinguishes between weak multiculturalism in which cultural diversity is recognized in the private sphere while a high degree of assimilation is expected of immigrants and ethnic minorities in the public sphere (law and government, the market, education and employment) and strong multiculturalism marked by institutional recognition of cultural differences in the public sphere including political representation and private one. The emerging trends in nationalism in some countries point to the fact that it is much more than just a set of political principles for nation-building. However, one wonders whether it is proper to label multiculturalism as a form of nationalism when many multicultural states are not able to avoid a backlash from the majority or completely satisfy the minority to the extent that the nationalist vision is truly adopted by the entire nation. That is why to know whether nationalism can be multicultural, it is highly important to study the states response and its policies regarding immigrants and minorities within multicultural societies. Generally, no state is entirely neutral in arbitrating these nationalist visions. Use of coercive means can be expected of any state while deciding to form its nationalist vision and this happens irrespective of the nature the political system. Taylor Strong insists that the nationalist sentiment remains an integral part of the political culture of a state. He perceived the identity as being unattached from the public domain and that is why the state can not be neutral because it is in control of the identity of the nation. For him, this establishes the limits of multiculturalism; once cultural identity is recognized then transformed into a state, the cultures that are internal to this community can not be entitled to benefit from the same right. But still he believes that each culture should preserve its authenticity since the recognition of the equal value of each culture will be permitting the public conversation between the diverse identities. Kernerman identifies that the main issue behind multicultural nationalism is how to achieve a balance between the need to sustain diversity and the necessity to achieve unity with the major question of how are the various manifestations of diversity to be recognized and understood in relation to one another and to the political community? But what is the position of minorities within multicultural societies? And how does the state deal with them? How can we balance between national sentiments and inclusion of immigrants peacefully in a plural society? The paradox of multicultural societies: nationalism Vs. multiculturalism?! Within multicultural societies, people usually disagree about how national unity is best achieved and what it should look like? Some demand equal treatment of all citizens, regardless of their cultural, ethnic, racial, religious or other characteristics since citizenship must be left undifferentiated and symmetrical. Citizenship should be difference blind. In contrast, others demand forms of differentiated citizenship where their differences are not only recognized, but also incorporated into the rules, procedures, and symbols of the political system. That is why many related issues gain attention of policy makers in these societies such as: the scope of minority rights, and the under representation of minorities in electoral politics, the absence of loyalty†¦. But the oppositions remain: equal versus differentiated citizenship, individual rights versus collective rights, impartial versus group-based representation, and so on. Within multicultural societies, nationalism is a site of polarization, driven by mutually exclusive understandings of which units of identity- groups and peoples- should dominate in the collective understanding of the political community. These communities/groups have some conception of the parts and the whole, and so they operate according to their specific logic of identity. This shows how the state has a major role in boosting the sense of loyalty and national identity among the different communities within the society. This role differs among states given different national histories, legal frameworks, and preferences for managing immigration. Contemporary States which adopts an integrative multicultural policy claim that their nationalism is civic rather than ethnic, emphasizing on their equal rights agenda. But inspite of that some signs suggest that minorities may still feel outsiders despite the equal rights and the civic welcome. Parekh points out: one might enjoy all the rights of citizenship and be a formally equal member of the community, and yet feel an outsider who does not belong. It depends upon the public as much as on the Parliament and on political symbols, images, ceremonies, collective self-understanding and views of national identity as much as on equal-rights legislation. No society can remain the same when it admits new members, rather every society constantly redefines and reconstitutes itself in response to the emergence of new generations who bring with them new ideas, forms of self-understanding and modes of behavior. Thats why immigrants are considered a challenge. To solve this, common belonging need to be developed by all states institutions. Common belonging is a two-way process; immigrants can not belong to the society in which they have chosen to settle unless it is prepared to welcome them, and conversely it can not accept them as full members unless they wish to belong, with all what this entails. Common belonging therefore can only be achieved if each party respects the terms of the relationship and discharges its obligations. That is why Inclusiveness is usually formulated in the metaphor of two-way integration. The first of the EU Common Basic Principles of Immigrant Integration Policy states: Integration is a dynamic, two-way process of mutual accommodation by all immigrants and residents of the Member States This means that not just immigrants but also the receiving society has to change, the latter being mandated to create opportunities for the immigrants full economic, social, cultural, and political participation. This is a process that requires each side to stick to its obligations so as to get its rights fully satisfies. On the immigrants side, they may legitimately ask for changes in the practices and institutions of the wider society if the demands are biased or can not be met. Their demands are likely to receive a favorable response only if they have made a commitment to society, valuing their membership of it. These minorities arrive willingly as immigrants to the host country, wishing to belong to this country of settlement and they are expected to be loyal, especially that a society is not a chance collection of people who happen to live together; rather it represents a way of life built up through struggle and sacrifice over several generations. Since their identities and histories are closely bound up with their society, they rightly feel protective about it. Native citizens want to be reassured that immigrants value their membership of it, and respect its way of life. Immigrants need to commit themselves to the host society and accept the expected responsibilities and obligations, but this does not mean that they should break their ties with their country of origin. Such a demand is unfair, impossible to meet, and unnecessary. What can be demanded of immigrants is that they should see their country of settlement as their home, whatever other homes they might also happen to have. It should mean something to them, have an intrinsic value for them, and they should give reasonable evidence of their commitment to it. Such a commitment establishes their good faith, gives them the rights of membership, and entitles them to make different claims on the rest of society as their process of settlement requires. Immigrants express their commitment to society in several ways: They should cherish its integrity and well-being, respect its authority and laws, and in general discharge their obligations as citizens. Immigrants also affirm their commitment to society by participating in its common life, discharging their share of collective responsibility, being productive workers, not abusing the available welfare provisions, and so on. But this does not include interfering in their personal life sphere which does not affect the shared collective life or else it will be unequal treatment. Immigrants need to acquire the cultural competence to help them get acquainted with their new countrys way of life. This involves learning its language, understanding and observing its rules of civility and norms of behavior, and familiarizing themselves with its traditions, history and moral sensibilities. That is why both the state and the society must help them integrate within the fabric of the society with all possible legal and social facilities. From the many types of cultural rights claimed by immigrants are: Exemptions from laws which penalize or burden cultural practices of members of a religious/cultural group whose practices are different from the societys known practices because of the very different meaning it has for the majority culture. Thus, the exemption is justified as recognition of that difference. Also, some related claims seek to have the general law recognize a culturally specific way of establishing certain rights which are established otherwise by the general law. A simple example is the authority granted to religious officials in some states to perform legally binding marriages. Assistance rights to do those things the majority can do unassisted, helping the minorities to overcome obstacles to engaging in common practices. Special provision is sought because of culturally specific disadvantages or because the desired common activity has been designed in such a way as to keep members of non-dominant groups out. Introducing new citizenship and English language requirements are two main policies in this regard. Representation of minorities in states decision-making bodies. Adequate representation of the immigrants should be ensured in the major political institutions to allocate them a fair share of public resources, to secure protection of their interests/rights and to prevent discrimination. The mechanisms for this vary; sometimes it takes the form of straightforward quotas. Symbolic claims to acknowledge the worth, status, and existence of various groups (name of polity, official name of ethnic groups, national holidays, teaching of history, official apologies). The above shows how both the society and the state are needed in the integration process of minorities to meet the needs of both the immigrants and the native citizens in a just fair way that seeks the benefits of the whole society. The states integration policies changed over time till it reached to the multicultural pluralistic form for several reasons including: (a) Demographics: In the past, many governments had the hope/expectation that ethnic minorities would simply disappear, through dying out or assimilation or intermarriage. It is now clear that this is not going to happen due to their high birth rates. The percentage of immigrants in the population is growing steadily in most Western countries, and most commentators agree that even more immigrants will be needed in the future to offset declining birth rates and an ageing population. (b) Rights-Consciousness: the human rights revolution that is premised on the idea of equality of human beings raised the awareness of groups which now have a powerful sense of entitlement to equality as a basic human right, not as a favor or charity. (c) Democracy: In many countries around the world, elites ban political movements of minority groups through different ways. The fear of this sort of repression often keeps minority groups from voicing. Keeping quiet is the safest option for minorities in many countries. However, in consolidated democracies, there is no option but to allow minority groups to mobilize politically and advance their claims in public. It is this loss of fear, combined with rights-consciousness that explains the active nature of ethnic politics in western democracies. The state must make a commitment to immigrants in appropriate ways dealing with the facts that they are new to the society and are liable to misunderstanding and negative stereotyping. Also, they need time to acquire the necessary cultural competence, and in the meantime they lack a clear coherent voice. Being outsiders, they are often resented and also likely to be discriminated against and may suffer from various kinds of disadvantage. This deepens the role of the state to ease their transition, helping them become full legitimate members. Since the nature of the attachments of the groups to the larger political community varies, certain mechanisms are needed to accommodate these variations. This requires some actions from the states side such as: First: Discrimination against immigrants in all areas of life, especially in areas such as employment and housing, should be declared unlawful and subjected to appropriate sanctions since it implies unequal treatment, building up frustration, and can over time generate a profound sense of alienation and marginality. When the state does nothing about it, it sends out the message that it regards them as an inferior class of citizens. Thus the state must address the socio-economic exclusion problems. Secondly: Immigrants suffer from several economic, social, cultural, political and other disadvantages which impede their settlement. This requires a comprehensive public policy covering areas such as: the immigrants need to learn the language in classes that suit their needs and working hours, dealing with residential concentration phenomenon when it transfers from being a comforting way of boosting the immigrants self confidence and safety into an impediment of integration by confining immigrants to their own community. Thirdly: Educational institutions play a crucial role in creating a common sense of belonging. They should prepare their students to live in a multicultural society, cultivating the necessary multicultural skills as tolerance, openness to other ways of life and thought and mutual respect. Citizenship is not entirely about rights, but is a matter of participation in the political community and begins early in life. It concerns the learning of a capacity for action and for responsibility but, essentially, it is about the learning of the self and of the relationship of self and other. It is a learning process. Consequently, it is vital to build up inter-ethnic bonds through associations which bring together different communities in the pursuit of common interests, and develop mutual understanding and trust, fostering a strong sense of civic identity that transcends ethnic differences and creating a larger sense of national identity. Also, Multiculturalism may take the form of revising the educational curriculum to include the history and culture of minority groups; creating advisory boards to consult with the members of minority groups; recognizing the holy days of minority religious groups; teaching police officers, social workers, and health care professionals to be sensitive to cultural differences in their work; developing regulations to ensure that minority groups are not ignored or stereotyped in the media; and so on. These policies may seem discriminatory but they are not because they are intended to remove obstacles to equal fair competition and tackle disadvantages, not to give arbitrary and unfair preference to minorities and immigrants. So when in some cases they receive greater attention, this is only because their disadvantages are greater than normal citizens and are compounded by discrimination. It is an affirmative-action/positive discrimination† program in light of citizens varying legal frameworks. Inspite of all these efforts, sometimes obligatory civic integration (civic integration courses and tests for newcomers†¦) is interpreted as an instance of repressive liberalism especially that non-compliance tends to be sanctioned in terms of financial penalties or denial of permanent legal residence permits. Some view that the novelty of civic integration policy is its obligatory character, which has notably increased over time, and this notional ‘integration policy has even transmitted into a tool of migration control, helping states to restrict especially the entry of unskilled and non-adaptable family immigrants.Some believe that what began as an immigrant integration policy has thus turned into its opposite, a no-immigration policy. But this is not totally true, since basic knowledge of the host societys language, history, and institutions is indispensable to integration. Thus, it is the right of the host country to ensure the success of its integration process through the means fitting its societal framework. But, still some countries tend to be so aggressive in its immigration policies out of its belief that immigrants pull the economy backwards. Such an issue differs among countries according to the ruling political system. But, still the public policies mentioned and the attitudes expected from the minorities are the least acceptable to ensure a peaceful multicultural society which both preserves its identity while respecting diversity. Conclusion: Multicultural governance may be the most feasible theory to achieve a multicultural national citizenship because it operates with the purpose of constructing normalized multicultural citizens within a balanced regime of identity and diversity. Multicultural governance does far more than protect the spaces within which diversity can flourish; it helps to create these spaces. It constructs the identity framework in which cultural freedoms can be asserted and deployed. A multicultural state will be providing the categories within which groups and citizens negotiate their behavior and interact together so that the citizen can belongs to an ethnic group and to the nation simultaneously. As Charles Taylor believes, personal identity is formed in a symbiotic relation with a collective identity and is nourished by the culture that the group shares. This emphasizes the importance of having a multicultural spirit within the society, believing that with the appropriate policies adopted by the states institutions to facilitate the integration of minorities and with a high degree of loyalty from the minorities side, an authentic multicultural nationalism can flourish where both the national identity and diversity are being respected and promoted. Such visions draw the best mechanism that can achieve a real multicultural national society, proving that a balance can happen between both nationalism and multiculturalism. Appendix: Generally, we can identify four types of minorities which are disadvantaged and need to be well integrated: Groups have their cultural roots within their country of citizenship, but have a key defining characteristic (e.g. gay/lesbians; disabled people). groups are autochthonous minorities (i.e. national minorities or aboriginal peoples) (e.g. the Quà ©bà ©cois; the Basques) groups have cultural or ethnic roots not only outside the territory of the state in which they have citizenship but also outside the Western world (e.g. Black-British; Chinese-Americans) groups are mainly religious minorities originating outside the Western world (e.g. French Muslims; British Sikhs) In this research I was focusing mainly upon the minorities of the last 2 kinds who usually arrives as immigrants to the host country. Bibliography: Birnbaum, Pierre and Strong, Tracy, from multiculturalism to nationalism, Political Theory, Vol. 24, No. 1, 1996. Bourne , jenny, In difference of multiculturalism, Institute of race relations IRR BRIEFING PAPER NO.2http://www.irr.org.uk/pdf/IRR_Briefing_No.2.pdf Chirot, Daniel Herders Multicultural Theory of Nationalism and Its Consequences, East European Politics and Societies, volume 10 ,1995. Delanty, Gerald, Two Conceptions of Cultural Citizenship: A Review of Recent Literature on Culture and Citizenship, The Global Review of Ethno-politics, Vol. 1, no. 3, March 2002. Economic and social research council ESRC, Program on devolution and constitutional change, Towards a multicultural nationalism? Anglophobia and Islamophobia in Scotland, Devolution Briefing No.24, March 2005. Gallis, Paul (ed.), Muslims in Europe: Integration Policies in Selected Countries, CRS congressional research service, November 18, 2005. available online at : http://fas.org/sgp/crs/row/RL33166.pdf Halstead, schooling and cultural maintenance for religious minorities in the liberal state in Kevin McDonough (Editor), Walter Feinberg, (Editor), citizenship and education in liberal societies: teaching for Cosmopolitan Values and Collective Identities, 2003, Published to Oxford Scholarship Online: January 2005. Harris, John, a paradox of multicultural societies, Journal of Philosophy of Education, Vol. 16, No. 2, 1982. Hussain, Asifa and Miller, William, Multicultural Nationalism :Islamophobia, Anglophobia, and Devolution. Available online at: http://www.oxfordscholarship.com/oso/public/content/politicalscience/9780199280711/acprof-0199280711-chapter-1.html. Joppke, Christian Beyond national models: Civic integration policies for immigrants in Western Europe, West European Politics, Vol.30, No.1, http://www.informaworld.com/smpp/title~content=t713395181 Keating, Michael (Editor), McGarry, John, Minority Nationalism and the Changing International Order, 2001, Published to Oxford Scholarship Online: November 2003.AVAILBALE at: http://www.oxfordscholarship.com/oso/private/content/politicalscience/9780199242146/p013.html#acprof-0199242143 Kernerman, Gerald, Multicultural Nationalism: Civilizing Difference, Constituting Community, Law and society Series, (Toronto, UBC Press, 2005) Kymlicka, Will, Multiculturalism and Minority Rights: West and East, journal on ethno politics and minority issues in Europe, Issue 4, 2002, http://www.ecmi.de/jemie/download/Focus4-2002_Kymlicka.pdf Levy, Jacob T. The Multiculturalism of Fear. Oxford: Oxford University Press, 2000. Oxford Scholarship Online. Oxford University Press. 27 March 2008 Moore, Margaret ethics of nationalism, (oxford: oxford university press, 2001), Published to Oxford Scholarship Online: November 2003. Available online at: http://www.oxfordscholarship.com/oso/private/content/politicalscience/9780198297468/p011.html#acprof-0198297467. Parekh, Bhikhu, â€Å"A commitment to cultural pluralism, available at: http://kvc.minbuza.nl/United Kingdom/archive/commentary/parekh_sum.html, Parekh, Bhikhu Unity and diversity in Multicultural societies, International Institute for Labor Studies, published paper, Geneva, 2005. http://www.ilo.org/public/english/bureau/inst/download/1parekh.pdf, Vertovec, Steven â€Å"Trans national challenges to the New multiculturalism†, university of Oxford .paper presented to the ASA conference held at the university of Sussex, 30 march -2nd April 2001.

The Manitoba Land Question, 1870-1882 Essay examples -- Article Analys

In the article titled â€Å"The Manitoba Land Question, 1870-1882† Sprague argues that the federal government was largely responsible for failing to properly address Metis Land claims. Sprague believes the Canadian government purposefully mismanaged and controlled Metis land organization to further its agenda. He also argues that the Canadian government did not hold up its constitutional obligation as per the Manitoba Act. Lastly Sprague suggests that newly introduced laws opened doors for settlers and made it difficult for the Metis to remain cohesive. As a result Sprague suggests that these factors lead to the loss of Metis land and therefore ultimately contributed to their subsequent exodus from Manitoba. To begin Sprague argues that the Canadian Government disingenuously mismanaged Metis land organization. Sprague states that evidence of this can be seen in the Canadian government not allowing the Lieutenant Governor Adams G. Archibald to make changes to Section 31 and 32 of the Manitoba Act. Archibald proposed the government grant outlined in Section 31 should allocate each person of Aboriginal ancestry an allotment of â€Å"140 acres† (pg.75) of land. Archibald also suggested that the location of these allotments be in close proximity so as to â€Å"not disperse families throughout the province† (Pg. 75). Lastly Archibald proposed a suggestion in carrying out Section 32 which insured that land owned was not jeopardized during the process of confederacy. He recommended that Manitoba be recognized as an independent province such that affairs including land ownership would be dealt with on a provincial level. Therefore as Sprague argues Archibald’s words were not taken into consideration by both the governments of John A. Macdonald and Alexa... ... In conclusion, Sprague believes that a number of factors carried out by the Canadian government ultimately led to the exodus of the Metis from Manitoba. Firstly through the manipulation of Metis land organization, secondly through broken promises made by the Canadian Government, and lastly through newly introduced laws which dispersed the Metis. In class we are currently studying the arrival of Selkirk settlers into Manitoba; this article was interesting as it put topics discussed in class in much more perspective. This article would be best suited towards those in the area of law, history or government as it contains historical evidence. Through this article Sprague has done an excellent job of outlining the historical events that took place during the 1870-1882 periods more articles surrounding this topic should be written to uncover further injustices.

Hawthornes Young Goodman Brown †Poverty in the Tale and Author’s Lif

â€Å"Young Goodman Brown† – Poverty in the Tale and Author’s Life  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚        Ã‚  Ã‚   Roy Harvey Pearce in â€Å"Twice-Told Tales: A Blend of Stories† makes reference to the widely-known poverty of the aspiring writer,Nathaniel Hawthorne: â€Å"True enough, Hawthorne planned more than once to write groups of tales and sketches somehow linked into a whole; but he could not get a publisher for them. When he did get a publisher in 1837, it had to be through the help of the hack-editor, Samuel Goodrich. . . .† (107) Nathaniel Hawthorne’s â€Å"Young Goodman Brown† includes traits of the modest lifestyle which the author was forced to endure in his personal life. Besides this, there was also an artisitc-resources impoverishment because of the tiny town in which he lived.    Henry Seidel Canby in â€Å"A Skeptic Incompatible with His Time and His Past† mentions of Hawthorne that â€Å"human failures and their causes were more interesting to him than prophecies of success, one might truly say than success itself. †¦He was not, I think, really interested in escape, except in moods of financial discouragement. . . . (57). Such moods of financial discouragement were to plague the author for nearly his entire lifetime.    Hawthorne’s financial impoverishment probably began with the untimely death of his father, and continued for most of his life. Gloria C. Erlich in â€Å"The Divided Artist and His Uncles† states that â€Å"Robert Manning made the essential decisions in the lives of the Hawthorne children and is well known as the uncle who sent Hawthorne to college† (35). After graduation from Bowdoin College, Hawthorne spent twelve years in his room at home in an intense effort to make something of himself literarily. The Norton Anthology: American Literature state... ...6.    Hawthorne, Nathaniel. â€Å"Young Goodman Brown.† 1835. http://www.cwrl.utexas.edu/~daniel/amlit/goodman/goodmantext.html    James, Henry. Hawthorne. http://eldred.ne.mediaone.net/nh/nhhj1.html    Lewis, R. W. B. â€Å"The Return into Time: Hawthorne.† In Hawthorne – A Collection of Critical Essays, edited by A.N. Kaul. Englewood Cliffs, NJ: Prentice-Hall, Inc., 1966.      Ã¢â‚¬Å"Nathaniel Hawthorne.† The Norton Anthology: American Literature, edited by Baym et al.   New York: W.W. Norton and Co., 1995.    Pearce, Roy Harvey. â€Å"Twice-Told Tales: A Blend of Stories.† In Readings on Nathaniel Hawthorne, edited by Clarice Swisher. San Diego, CA: Greenhaven Press, 1996.    Swisher, Clarice. â€Å"Nathaniel Hawthorne: a Biography.† In Readings on Nathaniel Hawthorne, edited by Clarice Swisher. San Diego, CA: Greenhaven Press, 1996.         

The Invention of Blue Jeans

In 1873 blue jeans were invented by a well known man named Levi Strauss. Blue jeans became popular for farmers and workers, because they were tougher and less likely to rip. Many Americans wore jeans for comfort, too. A 24-year-old German immigrant named Levi Strauss departed from New York with  little supply of dry  materials. He also had the intention of opening  an extension  of his brother's New York business that he was bringing to San Francisco.Strauss did not want to be a prospector, so he decided he would make enough money by selling supplies to the miners. First, Strauss sold cloth, textiles, and sewing supplies to the miners, but he didn't earn much profit by doing that. Then he heard the miners complaining about how easily they ripped their pants, so Strauss decided to use some of his heavy canvas fabric to make the miners pants to wear. The first jeans were made of a material called ‘duck’, but this fabric was not particularly comfortable.Then Strauss made the jeans using fabric called denim. Denim is a tough, cotton fabric which is made by passing under two or more threads. This fabric made jeans much more popular for everyone to wear, not just workers. In 1873, Jacob Davis wrote him a letter saying that he could make durable pockets with metal rivets for the pants. But Davis didn't have enough money to share his idea, so he offered to give his idea to Strauss if Strauss agreed to pay his patent. Strauss agreed, and from then on blue jeans had metal rivet pockets.Then the idea for jeans was to dye them with indigo, to make jeans blue. After that, blue jeans were considered perfect. Blue jeans changed the style of dressing later in history. After they were invented, blue jeans were typically only used for protection. But soon after Strauss changed the fabric to denim, they became comfortable and stylish. American’s then thought of new ideas for jeans, and the styles changed to all different kinds of jeans like skinny jean s, straight leg, boot cut, etc.They initially changed the way of dressing, and the future style of Americans. Blue jeans became popular for farmers and workers, because they were tough, strong, durable pants that everyone could rely on not ripping. They became the apparel that changed America’s style of dressing too, and the most popular type of pants. Jeans are still largely popular, and they will continually be modified to fit the changing style of America.