Contributions of Dorothea Lange in the American Depression-era
The study of women and photography art has lagged behind compared to that of male photographers in the last century. However, women photographers have greatly been recognized today as most published research works have concentrated on women photographers. Prominent women photographers have been revisited in many websites and journals; heroines such as Cunningham have been widely acknowledged. This is contrary to previous assertions that most female photographers did not have much impact during the pre-1900 photographic era.
Women have been playing active roles in photographic art despite not being credited its invention. To a greater extent, women have been on the forefront in printing, publishing, and taking photographs for their spouses. Studies reveal that notable women photographers include Talbot, the wife of the inventor of the Talbotype process, who wrote of her own experiments with photography as early as May 1839 (Bill n.p). Similarly, Anna Atkins, in the early 1840s, created an outstanding series of photo grams of plant specimens. Significantly, many women photographers pursued themes that touched on real issues that affected the society. In the United States, for example, a lot of activities happened during the Depression-era. During the period, women photographers like Dorothea Lange were participated in documenting such occurrences. The paper discusses the contributions of Dorothea Lange in the Depression-era, highlighting how she revealed the plight of displaced migrant workers and promoted the figure of women in society.
American women and photography art data gleaned from public records establishes that women photographers found in the American West during the period between 1850 and 1950, approximately 10%. However, the number kept on rising as most women began taking active roles in voicing society concerns through photography. Nonetheless, women began taking multiple roles in the course of their photography career; such roles included employing print finishers, camera operators among others. Likewise, most women photographers were also involved in the art as amateur photographers. According to research findings, these women regularly participated in camera hubs and exhibited their works in different fine-art collections that were increasingly becoming common during the last century (Bill n.p). Women were attracted to photography the same way as other occupations such as medicine, nursing among others. Dabbling in fine art to capture landscapes and plights of people in society was considered a daring and remarkable achievement and venture at the time.
Catherine Weed has been acknowledged for many of her contributions in strengthening beliefs that women were critical in promoting photographic art in an area that was dominated by men. In fact, she wrote several materials and even lectured on the subject of women in photography beginning the year 1889. The most notable assertion was the elimination of special awards for ladies stating that “If the work of men and women is admitted to the same exhibition, it should be on equal terms” (Bill n.p). Studies have also revealed that years after 1890, there was an onset of a progressive era that greatly altered the role of women in the American society. It is during this period that many women were involved in jobs that were previously closed from them due to social, political, and economic factors. It is worth mentioning that greater female participation was witnessed in photography scene during this period. Photography became a phenomenon that appealed to many women; they began learning basics, especially from their family settings. It has been revealed through studies that majority of women began working with their family in some aspect in their photographic careers (Bill n.p).
Contributions of Dorothea Lange in Feminism Art
Dorothea was an accomplished American documentary photographer whose artworks have been displayed in many exhibitions and collections across the world. She was born on 1895 in Hoboken, her career span for many years until her ultimate death in San Francisco on 1965.
Specifically, Lange vehemently captured images of displaced farmers during the Great Depression in America. Her assertions created a strong foundation for documentary and photographic journalism. To acquire photography knowledge and skills, Lange studied photography at Columbia University in New York City. Using acquired knowledge from her study, Lange was able to travel around the world showcasing and selling her already composed photographs. She settled to work in a photography studio after running out of funds. It is at the studio that ideas and themes were manifested to her.
Helped in Policy Making by Government Agencies
Lange began taking images of unemployed men who wandered the streets of San Francisco. Such images earned her accolades as she was able to bring to light the desperation of men in society. These images were publicly exhibited and received recognition from the public on how part of the American population was suffering in the wake of the Great Depression. For instance, images by Lange led to the creation of a commission that created an agency, Farm Security Administration established by Agriculture Department. This agency was to respond to deplorable living conditions of men captured by Lange in images that often displayed actual names of immigrant workers. Her first major exhibition was held in 1934 establishing her reputation as a skilled documentary photographer. It is asserted that she later published her book that bundled most of her photographs (VanDemark 8). Meanwhile, in the course of her career, Lange received a Guggenheim fellowship that enabled her to record the mass evacuation of Japanese Americans to detention camps after Japan’s attack on Pearl Harbor in 1942 (VanDemark 8). Lange is remembered for exposing the plight of sharecroppers, displaced farmers, and migrant workers in the 1930s, and since most of his activities were carried out for a government agency, her artworks informed many government policies.
Different artists employ different techniques and styles in order to compose art and communicate vividly to the audience. For that matter, Lange borrows a lot from the lexis of modernism where she uses dramatic scenes to compose visually disturbing images objects. Based on this technique, design elements do not overpower subject in the composition but instead vehemently direct the viewer to a fresh appreciation of the individual’s predicament. According to visual analysts, mature work composed by Lange proved that works of art and documents are not mutually exclusive and that they can combine to produce beautiful, moving, and campaign images (VanDemark 9). Moreover, Lange used innovative techniques proving that modern art should serve myriad purposes other than just conveying private feelings of an artist. In fact, popular modernist art should be integrated into services of popular journalism. “Lange’s works were not only useful in the Depression but also in the post-war years; they are characteristic of a lost age when a broad swath of the mass media was profoundly concerned with social issues” (VanDemark 5). Moreover, “she saw herself first as a journalist, and secondly, as an artist, and she worked with a burning desire to effect social change by informing the public of suffering faraway” (VanDemark 5).
Exposed Human Suffering
The White Angel Breadlin, composed in 1933 by Lange, has often been cited as prompting her breakthrough. It can be viewed at the San Francisco Museum of Modern Art, the Henry Swift Collection. This piece of work assimilated what she was working on with what was going on in the streets. Specifically, the artist uses dull black and grey colors to convey the somber mood of the situation. It is evident from the painting that objects are drawn to the lines of people waiting for compensation and food relief. An elderly man is conspicuous in the photograph; the individual is facing the opposite side and is waiting for food at the soup kitchen. The elderly man is exhibiting depression which embodies the entire surrounding and picture. Lange focused her camera on the man’s face and had to achieve and explore texture as an element in art composition. Texture as an element of design has extensively been used to produce this visually disturbing image. To achieve this, Lange has expansively managed to depict rough body surface and wrinkles manifested on the hat of the main subject. As mentioned above, Lange has employed modernist technique to create an illusion of a fence in the foreground of the scene.
In The White Angel Breadlin, Lange explores a theme of showing the plight of farm workers who remained to struggle to survive in desperate and deployable condition due to the Great Depression. Historians assert that during the 1930s, many Americans migrated from Midwest and Southwest to California (Flynn 7). The result of this migration was the creation of physical and ideological conflicts on how to deal with seasonal farm labor. According to Lange, many American immigrants faced starvation and had to line in kitchens to get soup as compensation after enduring hard labor in farms. Lange managed to communicate to the entire country and world on the effects of the depression to individual livelihood.
Enumerated Societal Problems
There were a lot of societal problems during the Depression as depicted in “Ditched, Stalled and Stranded, San Joaquin Valley, California (1936)” where the artist captures an individual whose anxious face tells it all. This photograph can be viewed at The Dorothea Lange Collection, The Oakland Museum of California. In this picture, a man seems to be beached and appear confused in his car. In addition to emphasizing to the theme of seclusion, Lange intentionally secluded a female occupant in the car. In order to achieve the intention of communication, Lange decided to catch the man unawares to persuade the audience and viewers to the true issues surrounding the image. Just like in other images, Lange uses dull colors, black and grey, to portray a gloomy mood of depression and desperation that was characteristic of the period. The texture was achieved through the depiction of rough surfaces necessitated by wrinkles on the face, clothes, and the rugged nature of the car’s interior surface. Lange tried to communicate themes of hardship and social problems using the image. Research has established that many artists tried to envisage the problems that the society faced due to the Great Depression (Flynn 4). Such problems included loss of jobs, food shortages, threats of deportation and forced repatriation.
Highlighted on Poverty
Migrant Mother, Nipomo, California (1936) is perhaps one of the most famous photographs in her collections. It can be viewed at San Francisco History Room, San Francisco Public Library. The photograph depicts an encounter with a woman trapped in extreme poverty during the Great Depression; the female subject was recognized as an Oklahoma migrant, Florence Owens Thompson. “Lange vividly remembers her interactions with the woman because at the age of 32, the woman was already living on frozen vegetables from surrounding fields and wild birds killed by her children” (MoCP n.p). Further, it has been revealed that as a matter of concern, the female subject had sold car wheels to buy food to affirm the state of poverty at the time (MoCP n.p). At the moment Lange met the woman, life was unbearable as can be seen from her face. The state of extreme poverty is reinforced by the expressive look of the woman and her children who can do nothing but just bow down their heads. Dull colors, black and grey, have been used to convey the sad mood arising from desperation and depression from lack of food and other basic amenities.
Highlighted and Spoke against Discrimination
Lange pursued other themes that bordered on discrimination. She was instrumental in depicting scenarios of racial discrimination and thus contributed in stemming the vice. Lange is among few women who were against racial discrimination and greatly campaigned against it. Discrimination and unfair treatment of blacks is depicted in “Plantation overseer and his field hands, near Clarksdale, Mississippi (1936)” artwork where a supposedly white man is courageously and proudly showing off his property, this is based on his face and how he is resting his foot on the car.
Also, the man is also showing off for Black men who can be seen in the background. Lange uses comical relief to communicate discrimination theme to her audience as depicted by how she conveniently positions objects in the composition to fit her racial and social observation. In fact, Lange expediently contrasts the main objects of the composition and alludes to the assertion that they are from two different worlds. At the time of Great Depression, many African immigrants were employed to work on farms owned by whites. There were rampant cases of racial discrimination exhibited through poor payment of wages, harassment among other social ills. Through art, Lange was able to manifest the suffering of citizens arising from racial discrimination.
Discrimination and unfair treatment of people can also be said about the Members of the Mochida family (1942) photograph where members of a particular family are seen awaiting an evacuation bus. Comically, the individuals captured in the photograph are seen with identification tags to keep the family intact during the process of evacuation. At the time when America was considerably affected by the pangs of Depression, Mochida family was already a recognized household name in Eden town; this was partly because of the agricultural prowess of growing sweet peas. Despite their agricultural prowess, members of Mochida’s ancestry were to be interned as they were treated as lesser beings. The tags on the family and luggage echoed assertions of unfair treatment of people as they are viewed as less human. Despite the state authorizing use of this artwork, it was consequently seized for uncertainties that it would trigger global queries on how internees were treated in American soil.
Championed Rising Status of Women in Society through Art
As a woman, Lange championed on how relationships could be strained when women changed their roles in society. This is well depicted by Argument in a Trailer Camp (1944) image that shows an argument between couples. The composition is Tempura on canvas and can be viewed at the Museum of Contemporary Photography, Columbia College in Chicago. It is affirmed that psychological depth and intensity substantively characterized some of Lange’s photographs. Lange depicts strained relationships in marriages at the time of Depression using this image, this was majorly anchored on the notion that women were readily assuming roles played by men in society, and were even engaging in hard labor as workforce. From the photograph it can be witnessed that the man is a sleuth of the woman, this is because the woman is captured on the lighted foreground in respect to the man. Consequently, Lange was highlighting the power of women at the period of war relegating men below the social order. Moreover, Lange was reinforcing the fact that women could do things previously reserved for men thus making women appear more powerful.
Women have been key pillars in promoting photography art. The foundation stone had been laid by prominent women photographers like Cunningham and Lange among others. Women photographers brought to light the suffering endured by American citizens during the Depression era. Likewise, they played crucial roles in uplifting the status of women in society. This is supported by the assertion that women began picking up roles initially reserved for men. Dorothea Lange was among influential photographers because her photographs humanized negative effects of the Great Depression and highlighted the emerging role of women in American society.
Flynn, Kyle. Photographing the Great Depression: Recovering the Historical Record. Inquiry
Journal. 2009. Accessed from http://scholars.unh.edu/inquiry_2009/5
VanDemark, Laura H. Dorothea Lange: Capturing the Reality of the Great Depression and New
Deal Era. Undergraduate Research Conference. 2017). Accessed from http://commons.lib.jmu.edu/madrush/2017/greatdepression/1
Bill Jay. Women in Photography: 1840 – 1900. The British Journal of Photography, 20 March
MoCP. Dorothea Lange: Migrant Mother and the documentary tradition. Museum of
Contemporary Photography. Web. Accessed September 22, 2017.
Figure 1: The White Angel Breadline (1933)
Figure 2: In Ditched, Stalled and Stranded, San Joaquin Valley, California (1936),
Figure 3: Migrant Mother, Nipomo, California (1936)
Figure 4: Plantation overseer and his field hands, near Clarksdale, Mississippi (1936)
Figure 5: Members of the Mochida family (1942)
Figure 6: Argument in a Trailer Camp (1944)
Family and Consumer Science
From the primordial times, the term ‘Family’ has been viewed as a social institution established by the act of marriage. The term ‘Family’ was conceptualized is inclusive of individuals related to the wedding, decent adoption and affiliated kin (Strong & Cohen, 2013).The concept of a Family is usually set upon legal terms where both spouses in matrimony sign a contract that defines their specific obligations, responsibilities, and rights. Family as a social institution has undergone a series of change with regards to its structure. This is due to the continuous evolution of the society’s values and beliefs. Consequently, the term ‘post-modern family’ has come into use as families exhibit multiplicity as portrayed by new or altered forms of families.
the heydays, marriage was perceived to be a unique entity that symbolized a
covenant made between man and woman. Indeed, marriage was regarded as a
significant transition of life that would be marked with celebrations and
merrymaking. Additionally, marriage entailed an elaborate ceremony, witnessed
and legitimated by others after which a set of expectations, obligations, rights,
and privileges were bestowed on the newlyweds (Wardle, 2016). However, over the
past Century, the definition of marriage has substantially changed as a result
of the social and economic alterations.
Tremendous decline in marriage over the past half a Century ranks among
the most profound demographic transformations in the American demographic
history (Strong & Cohen, 2013). Amid the massive transformation and
variation of culture and beliefs, the term ‘marriage’ continues to change with
regards to whom to marry and the number of spouses that one ought to get
married. Admittedly, nowadays most young people postponed marriage as they
willingly accept cohabitation as an alternative form of union.
Unlike the ancient days where marriage was strictly between man and woman, different societies have allowed same-gender marriage. Admittedly, gay marriage was prohibited and considered as a taboo in most cultures. However, this analogy is slowly changing as witnessed by the unprecedented increasing rate of same-gender marriage, by 80% between the years 2000 and 2010, in different parts of the world. Concurrently, divorce among married couples has flawed the ancient belief of marriage being a long-term covenant between spouses. The rate at which couples are filing for a divorce is alarming and worrying. Most of these divorce cases have stemmed out from social, emotional or financial disagreements. As a result of this, broken families have taken the order of the day thereby resulting to the skyrocketing number of single distressed mothers.
Family as a social institution has evolved as a consequence of the change in its structure and functions. Furthermore, our ideologies of what makes up a family continue to change overtime. A vast majority of people are more accepting of failed marriages, divorce, single mother/fatherhood and cohabitation (Strong & Cohen, 2013). In comparison to the older days where a family was all about self-sacrifice, the current family only exists where both spouses feel that their rights are well adhered to. According to a demographic research (Wardle, 2016); approximately 86% of people who were unhappily married in the late 1980’s stayed in the marriage and were happier when interviewed five years later. When questioned, 60% of the once unhappily married couple rated their marriage as either being ‘satisfactory’ or ‘less satisfying’ (Wardle, 2016). This is clear evidence that most of the ancient marriages were set upon the ground cultural rules of sustaining a family. Moreover, families were maintained, and the children lived in a household that had both parents. However, the current turmoil in immorality cases such as infidelities, physical and emotional abuse has threatened the mere existence of a family as a social unit (Hareven, 2013). The current trend of toxic marriage has led to couples forsaking their marital commitment to one another as they pursue their freedom in courtrooms. Eventually, hapless children are left to silently suffer as they end up lacking the full support and love from either of the parents who won’t have custody over them. Furthermore, most family households have foregone the idea to having children, which has further weakened the institution of marriage that is currently viewed as an institution with excessive individualism and self-indulgence. The family decline is also attributed to factors such as same-sex marriages, a death of a spouse, cohabitation, and postponement of the wedding (VanOrman & Scommegna, 2016). ). The unprecedented increase in family decline is a clear indication of a “truce in the war over family”
Social conditions that impact families
Amid the fast-paced rate of technological advancements, the creation of a family is a piece of cake. In the ancient days, marriage was the only entity that served as a foundation for a growing family. However, due to the current cultural evolution and variation, a person can decide to start his/her family tree by utilizing today’s biotechnology techniques (Hareven, 2013). Most people are currently opting to go through an assisted reproduction technology processes to have children of their own.
According to research, millions and millions of people worldwide are undergoing procedures such as donor insemination, in-vitro fertilization, gestational surrogacy and embryo transfers all in an attempt to have a family (Hareven, 2013). As an alternative form of having children, most people are forsaking the idea of getting married. Therefore, assisted reproduction technologies have resulted in many single-parent families thereby denying the children the rights to having a complete traditional family set-up. Economic factors such as economic recession and financial crisis serve as a significant determinant of household creation (Strong & Cohen, 2013). This is because most couples have decided to postpone marriages, or having children due to the harsh economic times (Hareven, 2013). Additionally, most people are prioritizing education as opposed to going into marriage. Unlike before where men and women did not mind about their education status, most men and women are currently opting to spend more years in school with the aim of pursing an honorable certificate and afterward, a prestigious career. This has ultimately led to an increase in 27-70-year-old unmarried, single women and men (VanOrman & Scommegna). The current digital era has also contributed to high rate of broken marriages as a result of the internet being a source of family conflicts, defined cyber-bullying, cyber-infidelity and online addictions among others.
is ultimately clear that marriage and family
ideologies have historically evolved in our society. In comparison to the past
where marriage was a holy union between couples, this entity has been marred
with cohabitation, divorce, and single-parenthood. An ideology such as same-sex
marriages has resulted in a new definition of marriage with regards of who to
marry. Nevertheless, race and ethnic diversity are continually leading to more
interracial and interethnic marriages. In essence, marriage and family
ideologies are bound to evolve with time as a result of an endless change of
culture and beliefs.
Hareven, T. K. (Ed.). (2013). Transitions: The family and the life course in historical perspective.
Strong, B., & Cohen, T. F. (2013). The marriage and family experience: Intimate relationships in a changing society. Cengage
VanOrman, A. G., & Scommegna, P. (2016). Understanding the Dynamics of Family Change in the United States. Population Reference Bureau.
Wardle, L. D. (2016). Marriage Is the Best Measure of Society’s Commitment to Child Well-Being.
Global Economy and Trade
Globalization is an important factor that drives the economic activities in the world today. Globalization has enabled goods and services to easily move from one part of the world to the next through an increasingly complex system. In most cases, the interaction involves various people, companies, as well as governments through activities like trade, investments, and the exchange of technology. Large corporations currently find it easier to set their operations in various countries as dictated by the various economic factors than before (Aggarwal and Evenett 552). It is important to note that adopting the global economy and trade poses numerous impacts to the local persons and business.
The global economy is a complex system that connects people and the various parts of the world through the movement of goods, services, and information technology. Therefore, it eases the movement of goods and services to the various parts of the world, which has increased in the past decades. Consequently, various countries have registered an increase in exports and imports that have boosted their economic balance and trade. At present, multinationals and individual medium companies can easily set their operations in different parts of the world with limited trade barriers (Sturgeon and Gary 3-7). Undoubtedly, the interconnection to form the global economy has led to positive trade results. Globalization started thousands of years ago and evolved to its current state of global economy. During the Middle Ages, Silk Road was used in connecting China, Europe, and Central Asia. However, the increase in trade across borders started in the early 1950s and by 2000s, the amount of foreign investment had significantly increased. After the Second World War, many governments expanded foreign investments and trade by adopting free-market policies that encouraged trade between countries.
According to Aaronson, the expansion of the global economy is a result of various factors (6). For instance, innovations in information technology have made it possible for accessing of information on the best practices for trade. Development in the transport industry is another factor that has contributed to the expansion of the global economy. It has led to a decreased cost of transporting goods and services to the various market destinations. Additionally, the formation of regional blocs has worked towards creating centers of operations with specific laws and regulations. Some regional blocs like the European Union (EU) and the North American Free Trade Association (NAFTA) have played major roles in encouraging export and import activities as regulated by trade laws (Utting-chamorro 590-591).
The global economy depends on available policies and related legislations in place. Before the current trend of globalization, countries had legislations that did not allow free trade with other countries. Today, countries around the world put in place policies that allow for the domestic and international movement and consumption of goods and services. Free-market economic systems have made it possible for the governments encourage their growth potential, as well as attract international organizations to operate in their economies (Utting-chamorro 590-591). In most cases, countries with favorable trade policies attract multinationals who establish operational bases to the benefit of the host countries. Governments also negotiate to allow exports and imports into their countries, providing more opportunities for business. With such arrangements, goods can easily be moved from one country to another to increase consumption.
Technological advancement has been the most important factor in driving globalization. In the global economy, technology provides a tool that producers, investors, and marketers use to identify markets for operation. The market analysis provides information that investors use to map out economical situations for different regional markets (Mohan 6). Proponents of globalization hold the opinion that a global economy is the only solution of making the world a better place because of the employment opportunities and eradication of poverty that it offers, especially in the developing countries. Additionally, the global economy is an indication of the free trade between different countries, which leads to the economic growth. This means that a country benefits from opportunities provided by the trading partner. New jobs are created from the new companies that establish their operations in the new markets (Bowman 12).
A free-market economy encourages competition amongst the companies in the market, leading to the reduction of consumer prices. Competition is an element of the global economy that helps in lowering of prices goods and services. In most cases, this strategy works as customers enjoy lowered prices. However, opponents of global economy note that most countries end up manipulating their currencies to enjoy the differences in price. Another advantage of globalization comes from the fact that poor countries benefit from the foreign technologies and capital brought by the multinationals. In such circumstances, the poor country has an excellent chance for economic growth, as well as gaining democratic virtues. Most of the countries with policies that allow free trade also gain from the expansion of the democracy.
Consumers easily access goods and services from other parts of the world because of the global economy. Such a system is an advantage to local consumers and businesses that enjoy goods with minimal effort, adding value to money and consumption. In addition, the expansion of world economy has led to the emergence of a new global power system whereby politics ensure that decisions are made with respect to their economic significance. With time, all political decisions are made for the benefit of the global population. Moreover, globalization has encouraged the movement of people and information to and from different parts of the world. Cultural interaction has made it possible for coexistence with people who were considered as aliens; people are becoming more tolerant of others because of the shared business and cultural practices (Utting-chamorro 590-591).
At present, people travel faster through the development of better transport networks across different countries. Also, the internet has made it easy passing information from one part of the globe to another. These, among other gains, result from the quest to achieve a global economy in which people and information can travel faster. Developing countries have continued to benefit from sharing of technology with developed countries, spurring growth. When new multinationals establish their operations in developing markets, they train and employ local workers to help fight poverty and improve their standard of life. Globalization expands from the various trade agreements by various blocs. Therefore, those countries that are interested in the global market must agree to sign the agreements. Consequently, many countries have adopted free-market policies to attract investments and enable economic growth.
The major argument against the global economy comes from the fact that some countries are poor while others are rich which makes it hard for all countries to benefit equally. Additionally, with a global market, investors and business owners enjoy all the benefit at the expense of the workers. In most cases, large companies establish their operations in the developing or emerging economies to enjoy benefits such as cheap labor and raw materials. Such companies take advantage of the poor labor laws in these countries to reduce their production cost through, for instance, offering poor pay to the workers. The developed countries also face a challenge when multinationals relocate their manufacturing plants to the low-income countries to take advantage of the low wages. For instance, the U.S. has lost millions of jobs to China as most companies base their operations in the latter country today. Furthermore, most of the workers in the developed countries face pay-cut as the business owners threaten with relocation to other countries if they do not conform to their demands. This means that the global economy would make the middle-class threatened and insecure. Multinationals pose various problems to the individual countries regarding their immense influence. These large organizations may have the ability to manipulate and avoid paying taxes, to the disadvantage of the local economies (Jaffee 101). Additionally, some of these multinationals have also been accused of funding operations that affect the environment and ecology. These are a part of the worker exploitation and poor working conditions in the foreign countries of operation. The growing fear of globalization comes from the increasing influence when it comes to the local political decisions. For this reason, opponents argue that globalization will soon lead to the large corporations ruling the world.
From the arguments above, it is clear that the global economy plays an important role in ensuring economic growth in the world. The benefits are immense, making it an important concept of creating wealth and eradicating poverty. However, arguments against are also valid, which suggests that the adoption of certain measures to safeguard against exploitation and negative influence is necessary. Globalization is an important economic concept that exists for the benefit of everyone. Moreover, to counter the negative indicators, there is a need for a firm’s leadership to confront trading partners who manipulate their currencies. Imports from these countries should have some special tax to discourage unfair practices. Similarly, Trade Agreements are good; however, they do not favor other markets as they work to make developed countries jobless while rewarding others. Countries should also work to enforce trade rules to have a fair group of operation. For instance, the U.S. accuses China of manipulating their currency, subsidizing those companies owned by the state, selling counterfeit products and imposing trade barriers without notice (Jaffee 100). When these factors are enforced, global trade remains to be a game-changer with regard to the economic growth.
Global Fair Trade
Trade is the major driver towards globalization. From the historical times, merchants traveled from China and Europe to Southeast Asia to obtain agricultural products. Over time, migration started with the establishment of the trade routes that made it possible for more merchants to move safely. Therefore, trade is an important part of economic activities as it spurs growth. For instance, there would be no global economy without the trading activities of the products within the market. Trading involves the exchange of goods and services within the economy, with all players benefiting from the process. Trade is the only method that ensures the movement of goods and services to different parts of the world in order to satisfy a certain demand. The current trend in the global economy entails the establishment of the free-trade concept that allows the market forces to control the process. The free-market economy has worked to the disadvantage of the local producers by reducing their ability to achieve economic growth.
According to Buthe, the free-market global economy has failed in the protection of the local exporters (9-11). The social and economic activities in the current system lead to the exploitation of some people while enriching others within the trading chain. Consequently, most of the people at the bottom of the production chain do not have product value. As a result, people in the underdeveloped and developing countries face numerous challenges such as poor housing, lack of electricity, poor healthcare, among other challenges. Globalization leads to the loss of land and inability to keep pace with the growing national debts.
With the continued problem in developing countries, competition has increased in an attempt to attract more foreign investors into the local economies. Consequently, some of these countries lower their minimum wages to appeal to the foreign investors. The locals who remain landless and jobless have no option but to work in such companies without proper remuneration. Most of such products are exported to other parts of the world for trade. It, therefore, follows that while trade is essential, it does not guarantee fairness in terms of the input in the process. Thus, there is a need for fair trade to ensure that all parties benefit in the exchange of goods and services. Currently, the corporate control and global policies in place do not guarantee wages and remuneration that can help the workers meet their basic needs or achieve economic growth. The inequality has existed for a long time to the disadvantage of the workers. Fair trade is possible if certain factors are put in place to bring onboard all the relevant stakeholders. Sustainability is an important factor that makes fair trade necessary. Trade should ensure that the producer earns the right amount for the product to sustain the social and economic activities in place (Tojo 13).
Fair trade is achievable because it seeks to pay farmers and producers extra in order to cater for other social and economic development within the society. Most of the traders who deserve fair trade are small farmers who may not have much money to diversify their operations. Therefore, diversification of the resources could help the farmers improve their income due to price fluctuations. Making trading fair demands that laws and policies are put in place to safeguard the rights of the farmers and small traders who export their products. When laws are in place, such traders have a voice and right to demand fair prices that enable them to make social and economic progress. Small-scale producers and workers need to have a say on matters that affect their welfare. Therefore, they can only achieve fair trade when they are empowered to negotiate, control, and hold accountable some of the institutions with the mandate of representation. As a result, one of the strategies that can be implemented towards achieving fair trade lies in the formation of independent organizations for the small-scale producers with a common goal. Such organizations would help when it comes to the negotiations with employers or starting other investment projects (Aggarwal and Evenett 550).
As noted above, sustainability is an important factor that determines the fairness in trade. Such sustainability should be measured in the livelihood of people. Therefore, fairness relies on the ability of the economic activities in place to withstand economic shocks(Bowman 2). For instance, many of the small-scale producers face numerous challenges concerning the economic fluctuations. Additionally, people should be able to register improving income, better lifestyle, and a healthier environment without depleting economic resources. Small-scale farmers and producers can achieve the above in a trading system that encourages fairness. A fairtrade approach should include creating elaborate supply chain models, customer awareness, and strengthening civil societies. Achieving fair trade requires that small producers come together in organizations that are independent with the ability to provide various forms of support to the farmers. Support should include credit, training, and negotiating power with the buyers. Besides, workers should join strong trade unions in order to have a voice when it comes to negotiating issues that affect their welfare. Workers and other small traders should be aware of the chain of command that exists in the local as well as international levels. Such organizations help the participants have a say in the making of various trade policies and legislations.
Having a clear business chain helps the traders or small farmers achieve prosperity through confidence. Such confidence ensures that all members are respected while the value of the goods and services is achieved (Bowman 12). Adequate investment can only take place where there is confidence. Consumer behaviors also determine the survival of the local workers or producers. The locals within a country must be aware of some of the unfair trade practices in place to influence their choices. Such a move can help the consumers make decisions towards consuming the local products. Such a move can help spur growth, especially in developing countries. Lastly, civil society action still plays an important role in helping push for the fair trade practices at the local, regional, and international levels. Such actions groups excel at mobilizing members at the grassroots to participate in advocating for the favorable trade policies.
It is apparent that trade is an essential activity that influences economic growth. Globalization has been realized in the quest for trade between different countries. The global economy is important because it avails goods and services to the locals. It has also led to the integration and ease of tension between countries. Most importantly, economic growth in developing countries has been possible due to globalization. Nevertheless, there is a need to ensure proper leadership and strict adherence to trade laws and policies to avoid unfair trade policies that affect the local producers or workers. Globalization remains an important part of the world economy. Since various challenges face the present situation, governments should ensure due diligence concerning the formulation and implementation of necessary laws. Though multinationals are blamed for improper trade practices, this paper finds that the measures taken by the local producers and workers remain important in advocating for proper trade practices. Fairness in world economic activities depends on various laws that make it difficult to manipulate people. Globalization remains a viable option in easily accessing various resources across the world. Besides, countries have also realized significant strides towards economic growth and self-sufficiency.
Aaronson, Susan. How China’s Employment Problems Became Trade Problems. Global
Economy Journal Manuscript, 1635.
Vinod, Aggarwal K., and Evenett, Simon. A Fragmenting Global Economy: A Weakened WTO,
Mega FTAs, and Murky Protectionism, Swiss Political Science Review, 19, 2013, 550-
Bowman, Sam. “Markets, poverty, and Fair Trade.” Adam Smith Institute, 11 March 2011.
Buthe, Tim. The politics of market competition: trade and antitrust in a global economy, Oxford
Handbook of the Politics of International Trade, 2014.
Jaffee, Daniel. “Weak Coffee: Certification and Co-Optation in the Fair Trade Movement.”
Social Problems. 59 (1), 2012, 94–116.
Mohan, Sushil. Fair Trade Without the Froth. Institute of Economic Affairs. Monographs,
Hobart Paper No. 170, 2010.
Sturgeon, Timothy and Gary Gereffi. Measuring success in the global economy: international
trade, industrial upgrading, and business function outsourcing in global value chains. Transnational Corporations, Vol. 18, No. 2 (August 2009).
Tojo, Yoshizumi. Trade and competition policy in a global economy: convergence or
Utting-chamorro, Karla. “Does fair trade make a difference? The case of small coffee producers
in Nicaragua,” Development
in Practice. 15, 2012, pp. 584–599.
Aggarwal K. Vinod and Simon Evenett, A Fragmenting Global Economy: A Weakened WTO, Mega FTAs, and Murky Protectionism (Swiss Political Science Review, 19, 2013), pp. 551.
Karla Utting-chamorro. “Does fair trade make a difference? The case of small coffee producers in Nicaragua,” Development in Practice. 15, 2012, pp. 584.
Sushil Mohan, Fair Trade Without the Froth. Institute of Economic Affairs. Monographs (Hobart Paper No. 170, 2010), pp. 12-13.
Montefiore Health System Improvement
The Montefiore Health System is an organization consisting of eleven hospitals. The hospitals provide primary and specialty care in a network of over 180 locations. These locations include Children’s Hospital, Montefiore Hospital, Nyack Hospital, White Plains Hospital and St. Luke’s Cornwall Hospital.
Status of the Patients at Montefiore
According to the Joint Commission on Accreditation of Healthcare Organizations (2016), the report highlights that there are several issues with the patient welfare concerning how they are handled at the different hospitals belonging to the organization. The report indicated that there were issues with the accuracy of the identification of the patients (Baillie & Maxwell, 2017). It is dangerous for such a scenario if there was a wrong identification of patients or illegal release of information; it might be detrimental to the patient and the organization.
The report further indicates that there is no security to medication in the hospital. There are existing standard procedures which indicate the guidelines for use in the healthcare. Any mishandling of medicine might also be catastrophic, not just to individuals, but also to the hospital at large. The Montefiore Health System has tried to ensure that there is sufficient safety of the drugs and medication. However, there are still aspects that need improvements like the need for a strong security procedure to protect unwanted access to drugs and medication. Also, there are still risks and vulnerabilities associated with care infections.
There is consistent communication in the system. However, it is up to the organization to ensure that the communication among the caregivers is efficient enough to guarantee that no information can go unnoticed. There is sufficient harm that the patients might have reported that is as a result of the clinical alarm systems. It must be directly associated with the patients who have problems with their ear systems and other patients who are not suffering from any ear-related issue.
Additionally, the report indicated that there are occurrences whereby there were risks associated with the patient population. These vulnerabilities could emanate from airborne diseases and ailments. Appropriate measures to ensure the safety of the patients against other patients who might pose a health risk because of overcrowding in the facility were absent. According to Joshi, Ransom, Nash, & Ransom (2014), a universal protocol is necessary for information transmission from one party to another either horizontally or vertically and in this case, from the report, it was absent.
Goals for Recommendation and Improvements
The current situation in Montefiore Health System necessitates the need for recommendations and improvements to establish mechanisms for solutions. Where the patients did not have an appropriate identification given by the healthcare organization, the use of Two Patient Identifiers helps to solve the situation. The identification is made in two-tier, which authenticates the patient without the loss of information or risk of impersonation in the healthcare (Bisognano & Kenney, 2012). Similarly, on the safety of using medications, it is recommended that the reconciliation of medical information is mandatory. There has been growing and increasing use of technology in healthcare systems. The inconsistency of the medical records is always associated with the use of other means of storage of information. The use of technology in the healthcare systems solves the issues related to information accuracy and medication safety.
Consequently, with the use of technology that integrates an evidence based practise with clinical expertise, patient preferences and values and best research evidence, the hospital management will alleviate issues including unreconciled medical records and patient-caregiver communication.
The quality of the healthcare provider is very critical for the patients. In cases where there is risk associated with care infections or patient harm, there is the need for protection and quality improvement of delivery. The hospital management should also meet the demands of hygiene guidelines to ensure that there is adequate hygiene in the healthcare. Water is very critical to any single healthcare system. It has to be used appropriately for the cleanliness of patients and caregivers. Additionally, in regards to improvement of the quality care, the Montefiore Health System can come up with an implementation plan and Fall Reduction Program that would reduce the occurrence of harm from falls.
The healthcare system, through the use of associated technology and innovative ways, can improve communication among the caregiver. Simple mistakes and issues in healthcare system were caused by poor communication within the organization. Poor communication could range from patients to caregivers, among the caregivers or between the caregivers and other health providers (Joint Commission on Accreditation of Healthcare Organizations, 2011). There is a need for the management of these organizations to encourage communication and help the patients communicate through evidence-based practice. Also, the management should encourage dialogue among the caregivers to ensure efficient flow of information. It will improve the safety because it reduces the possible occurrence of mistakes.
Therefore, service quality improvement, efficient communication and integration of technology into clinical processes with the use of evidence-based practise will definitely improve the performance of Montefiore Hospital System.
Timelines for the improvements in the healthcare system
Bisognano, M. A., & Kenney, C. (2012). Pursuing the triple aim: Seven innovators show the way to better care, better health, and lower costs. San Francisco: Jossey-Bass.
In Baillie, L., & In Maxwell, E. (2017). Improving healthcare: A handbook for practitioners. New York, NY: Routledge.
Joshi, M., Ransom, E. R., Nash, D. B., & In Ransom, S. B. (2014). The healthcare quality book: Vision, strategy, and tools.
Joint Commission on Accreditation of Healthcare Organizations. (2016). Comprehensive accreditation manual: CAMH for hospitals: the official handbook. Oakbrook Terrace, Ill: Joint Commission Accreditation.
Case Brief: United States v. Abel
The case encompasses Abel and two cohorts who were accused of taking part in a bank robbery. However, Abel’s co-accused pleaded guilty while he went on trial. Ehle, one of the cohorts, testified against Abel but Abel countered his testimony with a witness, Mills, who had spent time with both Abel and Ehle in prison. Mills testified that Ehle had confided to him that he wanted to implicate Abel falsely to earn favor from the government. The prosecutor attempted to discredited Mills testimony by pointing out, through Ehle’s testimony that Mills, Ehle, and Abels belonged to a secret gang when they were in prison, called “Aryan Brotherhood,” and that the group required its members to deny its existence. Additionally, the gang was said to perpetrate crimes such as theft, perjury, and murder on behalf of its members. On the ohther hand, the defense counsel objects to this type of rebuttal testimony and points out that it is merely prejudicial to respondent (Buckles, 2017).
The court needed to decide whether Ehle’s rebuttal testimony’s probative value outweighed its prejudicial effect to be used to show that Abel was guilty.
The district court ruled that Ehle’s rebuttal testimony carried a probative value that outweighed its prejudicial effect leading to the conviction of Abel.
The court took into consideration Mill’s and the respondent’s membership in the “Aryan Brotherhood” prison gang and its stipulations of denial. It court concluded that Mill’s testimony might have been compromised because of his allegiance to the group. Hence it couldn’t be admitted into evidence (Buckles, 2017). The court, citing Alford v. the United States, 282 U.S. 687 (1931) showed that it had a right to effectively cross-examine a witness to find out if there was any possibility of bias. The implication of Mills’ testimony being termed as biased was that it could not be used to prove that Abel wasn’t guilty of the crime that he was accused to have committed with his cohorts. At the end of the trial, Abel was convicted (Buckles, 2017).
Thomas Buckles (2017). Laws of evidence. Cengage Learning
The Indian Great Awakening: Religion and the Shaping of Native Cultures in early America is perhaps one of the greatest historical and religious book ever written. The events of the time are organized in a chronological manner making it easy for the reader to follow them. It then informs the reader of historical, cultural, and religious colonization and an awakening of the Indian community living in the pre-historic America (Fisher 24). The Euro American missionaries invaded the culture of the native Indians with Christianity, which they eventually adopted despite initially retaliating. This review looks at the historical and social contexts described in the text. It also analyses the writing of the book and how the author captures the attention of the readers to make them understand the various concepts explained in the book. The text also raises various questions about religion and other thoughts which will be described in the review. The review further shows its connection with the course and other religious phenomena described in class.
Fisher Linford wrote and published The Indian Great Awakening: Religion and the Shaping of Native Cultures in Early America in 2012. His story is based on the events of the 17th Century lasting to the 18th Century when the euro American religious converts were going round evangelizing and trying to convert people to Christianity. Fisher describes how the Indians were adamant to abandon their traditional religious practices to adopt Christianity (28). In the book, Fisher also notes that the Indians were fearful of the colonialists whom they perceived as using a different approach to Christianity to continue colonizing them.
The Indian natives were out to protect their land, traditional religion, and politics, which they saw as under threat from the perceived colonialists. Local tribal politics takes center stage in the book as it shaped the various resolutions taken by the community (Fisher 31). Despite the seemingly hostile resistance from the natives, the missionaries went on with their teachings and preaching. The natives, therefore, chose to affiliate with the Christian missionaries to protect the sovereignty of their land, culture, and traditions even though it was evident that they had started enjoying the work of the missionaries.
Fisher gives a chronological survey of the events of interaction between the natives and the missionaries in eight chapters. In each chapter, he presents a description of different processes. The first chapter, Rainmaking, makes a general observation of the lives of the colonialists and the natives (Fisher 16). The second chapter highlights the evangelizing process whereby the colonialists and the natives interact. In the third chapter, the natives begin embracing the activities of the missionaries and are awakened.
Fisher describes the affiliation and the conversion process in chapter four whereby the colonialists begin to assimilate the natives and separate them with their traditional cultures and beliefs in chapter five. Chapter six is the education section of the book whereby the colonialists challenge the natives to take up formal forms of education. Massive migration from the traditional to the modern practices are discussed in chapter seven, while chapter eight concludes the text by examining the reasons why some remained after the migration.
Style of Writing of the Book
Fisher makes the description of his events vividly and uses simple language that can be understood by both native and non-native English speakers. Fisher discusses the themes of the book clearly and extensively making it easy for the readers to understand and follow the events (18). The chronological description of the events from the 1700s to 1820 allows the reader to reflect on the contexts therein. Fisher makes a comparison of the two parties in the book. The natives and the missionaries-cum-colonialists differed significantly, and the author describes these factors of variation to show how the times and practices of these groups had changed considerably over time. Fisher makes use of references to show the origin of his works (56). Even though he does not rely directly on eyewitnesses, he makes a thorough review of the existing literature on these subjects and reflects this in his book.
How the Context Impacts On Understanding of the Book
The social and the historical contexts of the book play a significant role in understanding the book and its purpose. The context introduces and moves the reader to the historical times when colonization was still evident in many parts of the world (Fisher 42). The reader is taken through the period of colonization and the introduction of various modern factors such as changes in religion, culture, and education. This context enables the reader to follow up on the events of that period, while also making them feel the reaction of the natives who were being invaded.
The Indian Great Awakening: Religion and the Shaping of Native Cultures in Early America prompts the reader to ask questions such as how the natives and the world as a whole existed without Christianity. Before the introduction of Christianity, native communities had varying religions. Therefore, why did the missionaries assume that these traditional religions were unworthy? Besides, why and how did the missionaries come up with Christianity? Another question relates to the ease of acceptance of the native Indians (Holloway 88). The natives were easily influenced by the missionaries to abandon their religious and cultural practices and adopt the practices of the missionaries. What was the motivation for this sudden move? Lastly, religion seems to be changing or improving over time. What are the possible religious changes that may be expected in the world since each religious group such as Islam is trying to gain popularity and influence?
Connections between the Book and Other Religious Books and Information
Most books on religion and history are written in the same style using the chronological form of analysis of events (Holloway 67). They also give descriptions of the context of the events discussed in the book for the readers to understand the various concepts outlined in religious studies. These events would, however, be complex without the descriptions. It is evident that missionaries had a powerful influence over other religions since they easily ventured into other communities and altered their religious affiliations. According to Holloway, the missionaries used the same strategy to approach different communities (103). They conducted their evangelic activities, as well as educating communities on different issues. Eventually, they converted a lot of followers in the community.
The Indian Great Awakening: Religion and the Shaping of Native Cultures in Early America is a well-written book that enables students of religion and other interested parties to understand the subject well. It presents a good overview of events and uses a very simple language that is easy to understand. The book can be used to teach religion to different levels of students without any difficulty. It challenges both learners and teachers of religion to teach widely and rationally on these subjects by presenting different views for thought by the readers.
Fisher, Linford D. The Indian Great Awakening: Religion and the Shaping of Native Cultures in Early America. New York: Oxford University Press, 2012.
Holloway, Richard. A Little History of Religion.2016.
My major interest in the field of neurological nursing is the working conditions. That is, nurses have to work in diverse, challenging, and rewarding vicinities. For example, attending to patients in health care clinics and brain injury units make it a challenging job.
The main core value that is critical for neurosurgical patients is the stewardship. Stewardship incorporates accountability in the financial, human, and natural aspects of patient care. A proper analysis of stewardship value reveals that other values such as patient care and professionalism are dependent on it.
The American Association of Neuroscience Nurses (AANN) is one of the qualitative paper for nurses. It illuminates on various important facts such as membership, networking opportunities, and certification of materials for the neurological nurses (Olsson et al., 2017). The journal is produced by the Journal of Neuroscience Nursing (JNN). It sheds light on how nurses conduct quality research and learn how to be better professionals. Additionally, it outlines the findings of different neurosurgical nurses.
The three aspects in working neurological patients include helping the patients with neurological difficulties, two post-operative care, and finally, keeping the patients’ records. The pre-operative care creates a good rapport with patients. On the other hand, helping the patients gives both physical and moral support, while record-keeping gives direction.
The key interdisciplinary members to include in the neurological patients include the diverse group members such as physicians, psychologists, and physical therapists. They assist in conducting cognitive, physical, personal assessment, and give adjustment reactions to the neurological nursing field.
The core value of integrity is important as it entails respect, honesty, truthfulness, transparency, and accountability in the neuroscience field of nursing. It is achieved through building trust between individuals and an association in the neurological field.
The most important factor to consider while working with neurological patients is their past medical health records because it gives a clear pathway on what is expected or what should be introduced in the patient’s system.
Olsson, E., Anderson, D. G., Hsu, W. K., Hassanzadeh, H., Puvanesarajah, V., & Dalkin, A. C. (2017). Current Issue Highlights. Journal of Neuroscience, 49(1), 12-14…
TSAs Civil Penalties
The Transportation Security Administration (TSA) is an agency of the Homeland Security Department tasked with overseeing security in all modes of transportation including, aviation, sea, and road transport. This agency holds the ability to issue and revise regulations whenever necessary to carry out its functions. It inspects, maintains, and tests security facilities, systems, and equipment. Apart from security checks, the TSA issues civil penalties for different violations which are considered serious. It also uses progressive enforcement like counseling and warnings which are used in case of a minor noncompliant or, if the violation could be corrected instantly.
For intentional violations, the TSA
issues civil penalties which apply to passengers, operators, workers, and other categories involved in transport. The penalty
increases with the seriousness of the offense or violation. Lesser violations
could get off with on-spot-counseling or even administrative action while
serious violations attract maximum penalties including fines. To promote
compliance, TSA has civil penalty maximums for each category of violation for
example aircraft operators would receive a maximum penalty of $27,500 per violation.
For passenger violations such as carrying prohibited items or concealed
weapons, they are issued a penalty of $5000 and below. If one is issued with
the penalty and refuses to pay, it is forwarded to a debt agency where the
violator will pay with interest. If one stiff refuses to pay with the agency,
the debt is forwarded to the U.S.A Treasury for collection. As much as TSA can
issue penalties, the alleged offender could also take the different form of
action including reviewing the investigative report; ask for an informal
hearing on the matter or even request a court hearing on the matter.
The mandate of the Federal Bureau of Prison is to institute measures that protect the society. The bureau uses its constitutional authority to confine offenders who have been sentenced by courts of law in controlled environments of community-based facilities and prisons (Prior, 2017). These environments must be safe, cost-efficient, humane, and appropriately secure. They should also be designed such that they provide different self-improvement opportunities such as work to ensure that they assist offenders in their desire to become law-abiding citizens. The objectives of corrections in the United States are to institute certain measures in the form of punishments, but that also enhance the capacity of the offenders to be acceptable and productive to the society upon completion of their sentencing (Prior, 2017). This research paper will investigate the approaches and processes that define the correctional prison system in the United States.
Correctional prison system in the United States
Prisoner classification is an integral aspect and process in the understanding of the operations of the United States correctional prison system. Prisoner classification is an internal process that is provided for by the Federal Bureau of Prisons to sort inmates based on three major factors: intimate needs, internal security, and external security (Prior, 2017). For the prison system in the United States, the highest priority is on security followed by the subsequent classification of prisoners based on their intimate needs.
Prisoner classification based on internal security assess the extent to which an inmate is likely to be involved in any form of misconduct, violence or the creation of disturbance within the prisons. This will prompt the prisons department to alter the type of housing, level of supervision, and limit the possibility of an inmate mixing or interacting with other prisoners. These are techniques of mitigating or minimizing the threat of internal security (Slater, 2017).
External security entails the probability of escape from prison. This classification determines the prisoner who will be transferred to maximum-security areas and those who will be incarcerated in prisons with relatively less security detail. Prisoners with a high likelihood of escaping are often transferred to facilities with detailed security such as gun towers, fences, and high perimeter walls (Slater, 2017). The objective of the prisons is to isolate wrongdoers from the public and to confine them in a controlled environment where they can serve their sentences while also engaging in self-improvement initiatives to enhance the possibility of being law-abiding and productive citizens once they complete their sentences (Slater, 2017). It is therefore critical that they serve their time in prison hence the need to determine their level of threat to the security apparatus established by the prisons.
Whether an inmate possesses internal or external threat, the constitution of the United States requires that all inmates must be assessed and classified according to their intimate needs. This is because it is the responsibility of the prisons as correctional facilities to carry out the sentencing of the courts they also have the responsibility of protecting and enhancing the lives of inmates as stipulated in the eighth amendment of the United States constitution (Prior, 2017). This means that other than providing a clean and safe environment, it is important to classify prisoners according to their medical needs or health requirements. For instance, expectant inmates must be provided with prenatal services to ensure that their health and that of their babies are stable, cancer inmates also have the necessity of chemotherapy while prisoners with communicable diseases have to be isolated to minimize the possibility of infecting other inmates intentionally or unintentionally (Prior, 2017). The objective of this classification clause is to ensure that inmates are not subjected to cruel and unusual punishment. Furthermore, it also ensures that the human rights of the prisoners as documented in the Bill of Rights is protected and advanced by the prison system.
Underlying issues with the prison classification in the United States there are situations in which prisoners are classified according to their crimes. However, existing studies suggest the absence of a single independent variable that relates to violence or misconduct in prisons. This is because ineffective approaches to the classification of prisoners can be dangerous to the employees of the prisons and the inmates (Prior, 2017). To address this concern, it is important to ensure that the classification system is relevant in terms of its ability to realize its intended purpose. In an attempt to prove the essence of prison classification according to their threat to security and intimate needs, Sorenson surveyed 231 inmates in a medium security prison (Prior, 2017). In his findings, he stated that prisoners who were sentenced for violent offenses were not likely to engage in misconduct or commit violence within prisons compared to inmates sentenced on nonviolent behavior. The process of prisoner classification should be based on age. This is because research indicates that as prisoners age they decrease their incidences of misconduct or violent behavior within the prisons (Prior, 2017). This means that as prisoners grow older they become less aggressive and susceptible to lifestyle illnesses. This explains the need to assess them based on their intimate needs.
Despite the existence of a correlation between age and the possibility of violence, the United States Department of Justice National Institute of Corrections (DJNIC) considers age as the least determining factor when assessing prisoner classification. For the DJNIC and other agencies in charge of prison affairs, prisoner classification the severity of the conviction should be the main variable and determining the factor of the threat to internal and external security (Prior, 2017). This is followed by an inmate’s history of escapes and violence. Such information is considered vital in enhancing the effectiveness and efficiency of the prisoner classification system.
From the studies conducted by Sorenson, it is possible to assert that the correctional prison system in the United States has been involved in an inefficient way of classifying prisoners. From an intuitive perspective, it may be sensible to separate violent criminal offenders, there is disconnect in their life as inmates and their lives as outside the prisons. Prisons have the responsibility of introducing and implementing regulatory measures to the lives prisoners live while serving their punishment. This means that they have the responsibility of classifying prisoners according to the strongest determining factor of the possibility that they will be involved in misconduct or violence.
In their design, prisons were not intended to provide inmates with pleasant living conditions. Instead, the objective was to subject inmates to a controlled environment that limits certain aspects of free citizens as a means of deterring them from repeating or engaging in other crimes upon completing their sentence (Slater, 2017). Despite this objective, the constitution of the United States under the eighth amendment sets limits to the level of strife that a prisoner can undergo. Prisons have the obligation of restricting liberty by stripping freedom in response to an act against the norms and values of the society (Slater, 2017). This implies that inmates have fewer rights compared to ordinary citizens.
Despite the limits inmates do not lose, all rights because they have to, at all times, retain their humanity. The American constitution gives power and authority to the prisons department to condemn and criminalize any form of acts of violence within the prison. This includes sexual or physical violence. Prison safety is considered as an aspect of priority to prison administration because of the prevailing understanding that the criminal minds of inmates make them, susceptible to be perpetrators or victims of acts of violence within the prisons (Slater, 2017). Violence in American prisons is routine and an expected aspect part of the reason for high level of violence in American person can be attributed to the prisoner classification system. Furthermore, existing research indicates that within proses there is an inherent power structure, which is developed with the currency of fear, which is often defined along racial backgrounds. This has resulted in the formation of prison gangs, which are responsible for most of the violence and drug trafficking in prisons (Slater, 2017). It is under the command of the gang leader that members of the gang inflict fear among other prisoners with the objective of remaining dominant within the prisons.
Privatization of American prisons
The exponential growth of the number of people being incarcerated necessitated the United States federal government to begin contracting its prison population to private facilities in the 1980s. The need to shrink the federal deficit in the 1990s accelerated the policy of privatizing prisons. In the contemporary American society, that policy has been established considering that approximately 20 corporation’s house 30, 000 prisoners in 27 states. There are two companies, Wackenhut control, and Correctional Corporation of America controlling about 74% of the private prison population (Prior, 2017).
Inasmuch as privatization of American prisons appears to be an effective cost a saving technique in addressing the prison population problem, the policy has resulted in the development of numerous problems with limited benefits. From a theoretical perspective, private prisons have the ability to garner more gains because they provide efficient services. It is possible that they may be efficient, but they are relatively costly to construct and manage considering that, they are profit oriented (Slater, 2017). Their desire to invest with the objective of generating certain benefits may imply that private prisons may spend limited financial resources and this has cast doubt on their efficiency. This means that such institutions may be ineffective in meeting the correctional objective of all prison facilities. Their desire to function on low operating cost implies that it may be necessary for the private prisons to operate with minim number of prison guards for a maximum number of inmates (Slater, 2017). This approach may be a cost-saving initiatives but it threatens the safety of the prisoners and that of prison employees.
An additional inefficiency of private prisons is that they do not engage in lobbying efforts seeking limited incarcerations. This is because these facilities depend on a large population of prisoners as a way of maintaining the level of efficiency necessary in returning profits. Inasmuch as this may not seem like a problem considering the large incarceration in the United States, private prisons often ensure that these rates remain high by lobbying for the enhancement of tough criminal legislations. The initial objective of private prisons as solutions to the problem of the high population of inmates, they are currently perceived as the major contributors to the problem. These institutions may be assisting in alleviating budgetary problems of the state and federal government, but they do not assist in matters of prisoner safety and prisoner classification hence the need for freedoms in the correctional prison system in the United States.
Incarceration rates and correspondence programs
The high population of incarcerated citizens defines the prison system in America. This is because currently about 2.5 million Americans have been incarcerated with about 75% of those released having a high likelihood of being rearrested and 50% of them returned to incarceration (Prior, 2017). The increase in the number of prisoners can be attributed to the tough legislations to those who violate the law. This has compelled the federal and state governments to increase their budgetary allocations on the expansion of prisons, training of more prison wardens and the introduction of technology in monitoring prisons. The objective of investing additional financial resources is to ensure that prisons operate with utmost efficiency and effectiveness in relation their intended objective (Slater, 2017). Furthermore, the expansion of prison facilities and an increase in the number of trained wardens is also aimed at ensuring that with the increase in the population of inmates, prison warders have the capacity and skills of managing the inmates according to the stipulations of the constitution. Through the code of conduct, prison wardens are provided with necessary for effective management of inmates.
The high rates of incarceration have also meant that the prisons must enhance their capacity in providing self-improvement skills through training prisoners on business, academic and life skills. The provision of higher education has been a defining feature of state and federal prisons in the United States. The objective of this approach to executing the sentencing of the courts is to ensure that prisoners with the ability to learn are provided with a relevant and updated curriculum that increases their employability prospects despite their incarceration (Prior, 2017). In the United States, the ability of the prisons department to integrate its activities with those of institutions of higher learning has been instrumental in the production of inmates with relatively high and competitive academic qualifications for the job market. This approach is considered as respecting the constitutional right of access to proper education for all Americans irrespective of the prevailing circumstances that define their lives. For the prison systems in the United States, programs such as Pell grant access have been perceived to be instrumental in facilitating self-development initiatives (Slater, 2017).
Existing studies indicate that a high percentage of prisoners have low education attainment .This makes prison education an effective platform that can help inmates in the acquisition of skills necessary for employability. Furthermore, the prisons consider Pell grant to be critical in improving access to college education. This has been critical in removing major barriers such as lack of funding for underprivileged inmates (Prior, 2017). The collaboration between the American prison system and institutions of higher learning is because of the essence of education as an effective reentry strategy. This is because of the realization that majority of inmates were involved in criminal activities as a technique of acquiring the means of survival (Slater, 2017). The deficit in relevant skills and knowledge can be considered as an effective approach towards addressing the challenges.
Correspondence courses are also methodologies that correctional prison system in the United States has introduced with the objective of enhancing self-improvement. This is based on the realization that majority of those under incarceration have been subjected to relatively complex social situations throughout their lives (Prior, 2017). The prison system considers it their responsibility to provide prisoners with alternative and better lives. Correspondence courses provide ways through which inmates can learn a skill or trade. Correspondence courses are therefore avenues of giving prisoners platforms of improving on their economic and social situations (Slater, 2017). The objective of these courses is to provide prisoners with ways of reevaluating themselves to make them realize that they have a responsibility to themselves and the society. The correspondence courses provided by the prisons are often aligned with the specific needs and interests of the inmates. This means that upon incarceration the prisoners are expected to provide details about their professional and life skills objectives (Slater, 2017). The prisons engage different institutions with the objective of collaborating towards the realization of the professional and social objectives of the prisoners while in prison and after they have served their sentences.
There are courses that deal with substance abuse, anger management, self-awareness, and parenting. These courses are meant to help inmates in the development of personal strategies on how to overcome self-destructive behavior and negative thoughts. Furthermore, they are also responsible for providing prisoners with life skills that are critical in enhancing their self-esteem and self-confidence as ways of ensuring that prisoners can adjust effectively in the society after being released (Slater, 2017). An additional way through which the American correctional prison system has been able to enhance the capacity of prisoners is through personal enrichment and personal development correspondence programs for prisoners. Through these programs, the prison department aims at engaging inmates in less intense courses to improve their communication and interpersonal skills. This has been facilitated by incorporating professionals from different fields such as communication skills, mediation and yoga, financial management and personal discipline (Prior, 2017). Inmates are at liberty to choose what they want to learn, and this increases ownership and desire to engage and complete training.
The objectives of correctional prison system in the United States are to institute certain measures in the form of punishments that enhance the capacity of the offenders to be acceptable and productive to the society upon completion of their sentencing. For the prison system in the United States, the highest priority is on security followed by the subsequent classification of prisoners based on their intimate needs. The constitution of the United States under the eighth amendment sets limits to the level of strife that a prisoner can undergo. Prison safety is considered as an aspect of priority to prison administration because of the prevailing understanding that the criminal minds of inmates make them, susceptible to be perpetrators or victims of acts of violence within the prisons. The prison system has developed correspondence courses as methodologies founded on the objective of enhancing self-improvement.
Prior, S. (2017). U.S. Prison System. Gale Virtual Reference Library, EBSCOhost
Slater, D. (2017). Prison Break. Mother Jones, 42(4), 42-49
Argument in Defense of Death Penalty
The ethical dilemma of the death penalty has sparked much controversy amongst the Americans. The death penalty, as a form of capital punishment, is given to those individuals deemed by the government and society as deserving of the infliction of death. The death penalty has ignited a controversial debate amongst many political ideologies, religion, and culture. This paper will asses the ethical issues concerning the death penalty from the views of Jonathan Wolf, as well as modern principles. The questions I seek to explore is quite controversial: Is the death penalty ethical? My answer to this question will be per Jonathan Wolf’s “Readings in Moral Philosophy” and Immanuel Kant’s categorical imperative. I intend to prove that capital punishment is indeed, ethical. Immanuel Kant’s categorical seeks to act per the general rule. The general rule applied is hard, and the vast forms of achieving death. He posed the questions of whether capital punishment uses humans as a means to an end. Based on the categorical imperative, societies are obliged to act in such a way that an individual’s action becomes a universal law for all to follow (Kant, 2004). Kent bases his argument that an individual shouldn’t be punished for the sake of benefiting the society since innocent individuals deemed unfit for society can remain innocent of the crimes. Kant argues that Laws that are broken without punishment are flimsy and an indication of a weaker society (Kant, 2004). From the moral point of view, Wolf argues that the problem associated with the death penalty is the burden of proof that everyone on the death row is indeed guilty of the offense punishable by death. He argues that capital punishment is misleading the society. In conclusion, the debate on the ethical nature of the death penalty remains controversial universally.
Kant, I. The Right of Punishing, Retrieved on April 1st, 2004. From: http://w1.155.telia.com/~u15525046/ny_sida_9.htm
Jonathan, Wolff. Readings in Moral philosophy: A text with readings. W. W. Norton & Company, 2017.
The Rights and Behavior of other Intellectual beings
People cannot ignore the modernization and development of the world today in terms of technological advancements and the need to make work easier by coming up with innovative ways or other beings that can work as much as humans. From these advancements, there is need to look into the effects and consequences of this intellectual beings in the society. This includes moral issues. An intellectual being is a smart, intelligent and possesses great mental capacity to a high degree. He or she can to think rationally and be guided by wisdom to do things without the influence of feelings and emotions. A robot is a virtual or mechanical agent that is artificial guided by an electronic circuit or computer program. It has some form of sensing capabilities that helps it to perceive the world around it and a “brain” that directs its actions (Floridi & Sanders, p.197).
This “brain” is normally a computer. Differences between humans and robots Human beings and robots are some of the intellectual beings that are common though they have very major differences which are listed below;
- Emotions and feelings
Humans are controlled by their feelings of joy, love, anger, jealousy and hatred. They can also react to some changes in the environment like cold and heat and also hunger but in robots, this is not experienced because they do not have emotions and cannot react to them (Sullins, p.12).
- Their Structures
While human beings are organic structures with flesh and blood, robots are made up of metals and other mixture of materials and elements. Humans have nerves throughout their systems while robots have innumerable wires within their structures.
- Their functioning
Robots can work day and night without requiring rest unlike human beings who have to get sleep or rest in order to refuel their energy or else their productivity will be lowered. Human beings are affected by diseases and various ailments and die at the end of their life spans but robots will be functional until maybe a malfunction occurs in its system.
- Thinking capability and mental capacities
Humans have the power to think, understand and decide for themselves. All that robots can do is obey commands. It can be said that humans not only think for themselves but also for the robots, they create or operate. Robots have been provided with the ability to understand the commands that human beings give them and function accordingly. Robots are programmed and can only perform their designated functions. They cannot add their inputs, give suggestions, or object to the command.
- Requirements to survive
Human beings require eating, to clothe themselves and to drink water for them to survive and be healthy. They also need to socialize as they are social creatures. Robots do not require any of the above (Arkins, p.76). Apart from being oiled for lubrication and to be charged in order to carry on with their functions effectively without mechanical or electrical hitches they are just as good. Although efforts are being made to create robots that resemble humans in how they look and in their functions, but even if the robots of future are capable of aping human actions and reactions in a more human-like manner, only some differences can be dealt with therefore, all differences between human beings and robot will never vanish.
Rights of Robots
Robot rights are the moral obligations of the society towards its machines; this is similar to human rights or animal rights. These may include rights to long life; that is protection from dangers such as viruses and other things that might lead to the destruction of the structure of the robot or even its complete destruction. In addition, robots have rights to think freely as per how they have been programmed and the right to express what is intellectually correct if they are not having any malfunctions.
How to Treat Robots
Robots are very helpful and should be treated with care so as to ensure that they live long. This means that their rights should be protected just as the way rights of human beings are protected. They should be embraced for the work that they help in accomplishing effectively and fast. With technological advancement, they should be reprogrammed in order to increase their effectiveness. They should be oiled continuously to avoid some parts getting jammed and if they are used in places that have high levels of heat generations to enable them to cool off and avoid overheating (Joachim, p.67).
They should also be charged as often so that if they there are no alternative sources of power that they will continue working without having to slow down to conserve charge or to abruptly stop all processes and this can sometimes be very dangerous at times. If they are “mistreated” then this is very likely to show up in the outcomes or in its results. The definition of “morals” and “agent” The word ‘moral’ means the standards that are concerned with the principles and rules of right and good conduct according to the society. It differentiates between right and wrong.
Morals of machines is concerned with the level and the patience in which robots , machines and other non-human intellectual beings can reach without going wrong or causing harm. An agent is something that causes an action to happen. An entity is a locus of decision making. Artificial Moral Agency of Intellectual Beings Artificial moral agency can be seen as an impossible task to achieve. Most people and especially engineers believe that when a robot meets an ethical problem or a difficult situation, it should just stop and wait for solutions from human beings (Wallach & Allen, p.88).
Although this could also be dangerous and problematic in terms of the slowing down of processes that need to be completed in a specified time and also it could cause deaths of people if the system was to deliver medications and other resources that are needed to conserve or prevent loss of life. Moral agents should be able to discern their actions and inactions, they should monitor and regulate their behavior not to harm or neglect duties. This is seen with human beings but how machines such as robots can be made into artificially moral agents is the real issue at hand. For a system to be morally conscious, it has to make choices that are sensitive to the humans and things that concern and are important to them.
This means that as technology advances, humans will need machines to make the decisions on whether an action is morally correct on their own. Rosalind Picard, the director of the Affective Computing Group in MIT put it well when she said, “The greater the freedom of a machine, the more it will need moral standards.” In cases of warfare, robots that developed into artificial agents of morals would experience significant differences in strengths and weakness found in human beings.
Moral failings in human beings vary from one individual to another depending on personalities and their own ethical levels and certain vices or failings in man would not present themselves in robots. For example, human beings may experience selfishness or jealousy and other humanly feelings that are directly attributed to one’s personality. They may take what they can for themselves and not use their resources for the well-being of others. They may also be driven by lust for power and fail to take action during a crisis and yet they may think that they know more than they do. As a result, they act harshly and the robots may not suffer from similar vices (Joachim, p.75).
Robots may become too liberal especially in the interpretation and capturing of matters that are important. At times, they may fail to capture the emotional connection, body language and deception among other things before they can determine the cause of their actions. Crisis in decision-making may blur their judgment leading to unprecedented results or even gross outcomes like death of human beings. Since man is to err, the programming behind the thinking of the robots may subject them to malfunctions due to technical errors. As a result, necessary measures to fix some of these problems should be kept in place. It would require high-level of technological approach and programming blended in high precision and accuracy (Wallach & Allen, p.56).
The room of creating new robots that can learn, adapt and blend into the society are still open. Various countries around the globe especially in America, Europe and Asia have invested and continue to support innovative minds behind robots inventions. As much as these robots are not susceptible to temptations faced by human beings, they are subject to the limitation, control and manipulation of their designers and developers. As a result, they will not be morally perfect even when they are working in the best conditions or circumstances. Agencies mandated or empowered to come up with good designs of robots exist in a rudimentary form that is less in comparison to other sectors such as communication. This limitation makes the creation of robots that are morally sensitive very difficult especially with the boost experienced in the technology sector. The critical aspects necessary for moral aspects are therefore far from being achieved. However, with the rate that technology is advancing this might probably be challenged. Though there are many arguments that artificial moral agency can be achieved with the advancement of technology.
This can only be supported to be true if there was an assurerity that it will come to a time when robots will have ethical values and have the intelligence to decide whether to act or not act in a certain situation without having humans to come in between or without causing problems. Behavior of Human Beings to Robots The behavior of human beings towards robots and other intellectual beings depends on the situations and the environments where these robots will be used. It also depends on the cultural values and needs and technological development of a community. Cultural response matters to people’s willingness to adopt robotic systems (Michael, p.67).
This is particularly important in areas of service, particularly care giving services of one sort or another, where human comfort is both the goal and to some degree necessary for human cooperation in achieving that goal. It is expected that caregiving services be provided by beings that can connect emotionally and have feelings of sympathy and empathy, which might not be provided by robots. Another cultural response is one of reluctance to adapt robotic systems because they lead to unethical issues concerning the social life of humans (Tatsuya et al, p.172).
Some societies are very reluctant as they see these systems as replacing or supplementing healthy human contact or more darkly, retard normal development of the society. Some cultures like in Japan view these robots as helpmates and instruments to help the society grow to higher standards of development. Thus, the people in these and such communities will strive to care for the robots and to even create more and better robots. Human beings have a high affinity or loving for robots that help them in the transport sector. These kinds of robots are like trains, which can be electric one or the ones that move without a driver.
This are welcomed and adored by people as they help them move and traverse various parts of the world faster and effectively. Additionally, human beings also adore robots in the communication industry where this is what connects people around the world by enabling transfer of information around the world within no time hence making the world seem like a village through globalization. The uses of some robots could determine the way human being act towards other intellectual beings. In some places, robots are used in war.
This will bring a bad or negative
attitude to victims of wars where these robots were involved hence making human
beings in that area and those to come after them to have a dislike to these
robots and such advancements and developments in technology even in other
sectors of life. People from developed areas will have a better and positive
attitude towards technology and more so robots and their other intellectual
counterparts after knowing and witnessing their importance in the society. This
will be different in another area where technology has not advanced. There will
be likelihood to be withdrawn to adapt new systems hence people from such
places will act harshly towards the robots (Wallach & Allen, p.79).
Other intellectual beings have some characteristics that are similar to those of human beings in terms of their smartness, their thinking and intelligence though it is different since human beings think on their own while other intellectual beings depend on the programming done on them by humans. The other intellectual beings also depend on either mechanical or electrical processes for their functioning. The criteria for differentiating the two categories of intellectuals can only be based on their characteristics as listed above. Intellectual beings have rights of expression, rights to a long lifespan and rights to think freely A robot is a virtual or mechanical agent that is artificial guided a an electronic circuit or computer program. It has some form of sensing capabilities that helps it to perceive the world around it and a “brain” that directs its actions. Robots and other intellectual beings ought to be treated with caution with so much care and protect them from danger so that their lifespan is not shortened.
Robots are to be protected from
defilement of their rights in the same manner as humans and animals are
protected even by the law. The behavior of human beings towards other intellectual
beings will be determined greatly by the cultural beliefs and reservations of a
particular group of people, their level of technological advancement, and how
these intellectual beings will be put into use in their geographical areas.
Moral values of machines and robots may be achieved but this can only be
possible to a certain level depending on how technology has advanced. Robots
and the other machines and non-human intellectuals can only be called
artificial moral agents when they have reached that level of making decisions
on their own which later affect the happenings in the society. Systems that use
artificial intelligence are mostly susceptible to learning new forms of
content, logic and processing. Human beings have a high affinity or loving for
robots that help them in the transport sector. These kinds of robots are like
trains, which can be electric one or the ones that move without a driver. This
are welcomed and adored by people as they help them move and traverse various
parts of the world faster and effectively. For a system to be morally
conscious, it has to make choices that are sensitive to the humans and things
that concern and are important to them. As technology advances, humans will
need machines to make the decisions on whether an action is morally correct on
Arkin, R.. Governing Lethal Behavior in Autonomous Robots. Boca Raton: CRC Press, 2009.
Brookings; How Humans Respond to Robots: building public policy through good design.
Floridi, L., and Sanders J.W.. Minds and Machines on the morality of artificial agents. 2004 14(2): 197-222.
Joachim R. Höflich. Relationships to Social Robots: Towards a Triadic Analysis of Media-oriented Behavior. University of Erfurt
Michael, Walzer, Just and Unjust Wars, 4th Ed. New York: Basic Books, 2006.
Sullins, John. “When Is a Robot a Moral Agent?” P.URI: http://hdl.handle.net/10211.1/427 Date: 2006-12
Tatsuya et al. Prediction of Human Behavior in Human–Robot Interaction Using Psychological Scales for Anxiety and Negative Attitudes Toward Robots TRANSACTIONS ON ROBOTICS, VOL. 24, NO. 2, APRIL 2008.
Wallach, W. and C. Allen. Moral Machines: Teaching Robots Right from Wrong. New York: Oxford University Press.2009
Bosnia American Refugees
Scholars estimate that about 1.4 million Bosnians live as refugees in various countries across the globe. According to Searight (2003), nearly 300,000 Bosnians were forced to immigrate into the United States in the 1990s alone as war refugees due to the Balkan war. These immigrations occurred under varying circumstances in the history of the country, but are mainly tied to issues of war. While there are various issues that scholars can occupy their minds with, the issues of Bosnian Diaspora have remained relevant, and it have over the years caught the attention of academicians from such diverse fields as economics, anthropology, psychology, and sociology (for example, Dimiova & Wolff, 2009; Valenta & Ramet, 2011; Coughlan & Owens-Manley, 2006). The focus of the present article is on the Bosnian Americans. In this case, the history of the migration of Bosnians and the reasons behind these migrations shall be examined. Counties and states where Bosnians immigrants and their descendants are predominant will also be examined. Attention shall also be given to their cultural values, the ratio of Bosnian men to Bosnian women, and how these immigrants compare to other races in the population. Finally, counseling technologies that need to be adopted when working with Bosnian American refugees shall be examined.
The first half of the nineteenth century witnessed the first group of Bosnia immigrants into the United States. These immigrants possessed low-skills and were mainly fishermen and sailors. They thus settled in New Orleans, San Francisco, and Texas (Kisslinger, 1990) where they found jobs. The Serbian/Croatian immigrants came into the United States in six waves, with the first wave of immigration having occurred between 1820 and 1880. Between 1880 and 1914, the largest wave of Serbian immigrants too place, in which nearly 100,000 Serbs came into the United States. Majority of these immigrants came as unskilled laborers and were mainly impoverished and young peasant men. They found low-paying jobs and often worked long hours in the industrial cities of the Midwest and East where they first settled (Malcolm, 1996). The third wave of Serbian immigrants into the United States took place between 1921 and 1930, at the height of World Wars I and II. These migrants were fleeing from their country that was under a dictatorial nationalist regime.
However, between 1931 and 1941 only about 5,835 Serbians migrated to the United States. The fourth wave of Serbian immigrants consisted of war refugees and displaced people, between 1945 and 1965, at a time when the country was under the rule of the Communist Party. The mid 1960s marked the fifth major wave of Serbian immigrants involving 20,381 immigrants at a time when Tito was in power. In the next decade, the surge increased to over 30,540 immigrants (Kisslinger, 1990). Between 1981 and 1990, the United States received some 19,200 Yugoslavian immigrants. These Serbian and Croatian immigrants were mainly artists, professionals and intellectuals and they easily adapted to life in the U.S. In 1992, following a wave of political instability after Bosnia sought to gain independence from Yugoslavia, more Serbian immigrants poured into the United States. Most of them were Muslims (Clark, 1996).
As earlier noted, a spate of wars and political instability forced Bosnians to migrate to the United States. They were therefore in search of not only refuge, but somewhere to start a new life as well. In a similar way to other refuges who had also immigrated into the United States, Bosnians also endeavored to embrace the American way of life; however, they made sure that their cultural values were not diluted (Val & Iain-Walker, 2003).
For most Bosnian parents who have migrated to the United States, upholding of their cultural values is very important (Inman, Howard, Beaumont &Walker, 2007). They have thus made sure that preceding generations are taught the importance of their cultural heritage. Bosnian Americans are characterized by sound informal communication networks. Religious activities such as baptisms, funerals, and weddings are often conducted at places of worship. For many years, Bosnians have enjoyed a strong attachment to the Islamic culture, although there has also been influence from Eastern Orthodox and Catholicism.
In the United States, the highest population of Bosnian Americans is to be found in the state of Iowa. These immigrants moved here from various states, notably New York and New Orleans. Their spoken language is Bosnian. While Islam is the most dominant religion, most Bosnian Americans are characterized by secular practices. Family values and ties are very important to the Bosnians. Grown up children ensure that their elderly parents are well taken care of. Parents also teach their children at a young age on the importance of respecting the elderly.
The literacy and education levels of most Bosnians are quite high, although some of them face language barriers upon migrating to the United States. This is because they cannot communicate in English. They thus opt to enroll in educational programs taught in their native language.
Bosnians immigrants place a lot of emphasis on their native religion and culture, including male-female relationships. However, given how Bosnian refugees are dispersed across the United States (Miller, 2012), majority of the first and second-generation Bosnians are likely to find it hard to interact with other Bosnians. As such, adult Bosnian children are likely to encounter hurdles in finding suitable partners with whom they can form a relationship with, from their own culture. They could also be under pressure form their parents to uphold their cultural identity, religious practices, traditions, and customs (Miller, 2012).
Bosnian immigrants have demonstrated a willingness to take even the low-status jobs and proceed to do them with a lot of diligence. They have also demonstrated an insatiable quest for additional education and language skills. Majority of them find such jobs as factory workers, bakers, and hotel housekeepers, among other forms of service workers in their communities. It has also been pointed earlier that some of the Bosnian immigrants came here already having qualified in various professionals, such as doctors, nurses, and teachers (Valenta & Ramet, 2011). They have proceeded to seek job vacancies in their respective areas of qualifications. However, majority of the Bosnian American refugees cannot pursue their former occupations here, as they are unable to communicate in English. In addition, Bosnian American lawyers, doctors, as well as other professionals have to make do with low rates per hour as they attend English lessons so that they can apply for licenses to practice in their professions.
Counseling techniques for Bosnian Americans
Most Bosnian Americans are normally categorized as refugees and as such quality for several special states and federal benefits in the business, human service and health sectors. Even as most of them are capable of accessing health care, including counseling services, only a limited number of health organizations in the United States that offer counseling services have among their staffs Bosnian translators who have received the necessary training on working with refugees (Center for Health Disparities, n.d.). Considering that they are categorized as war refugees, counselors attending to them should be wary of the fact that majority of the Bosnian have had to ensure a lot of difficulties before they arrived in the United States.
Many lost livelihoods, homes and loved ones who perished in war. Others were deeply traumatized by war injuries, group rape, ethnic cleansing, torture, and other forms of human rights abuses. Accordingly, majority of the Bosnian Americans are likely to present with such significant mental health challenges as anxiety, depression, and post-traumatic stress disorder. For this reason, counselors should be prepared to deal with high rates of such conditions among Bosnian refugees, relative to the other immigrants (Center for Health Disparities, n.d.). However, considering that the Bosnian culture attach negative stigma to mental illnesses, majority of them are unwilling to discuss these issues with their counselors. Counselors and clinicians should thus desist from pushing such trauma victims to share their experiences and feelings, until the victim is ready. Instead, they should endeavor to offer ample, supportive, and gentle opportunities for the victims to do so.
In sum, the Bosnian Americans who have over the decades migrated to the United States as refugees did so to escape from wars and in search of a place to restart their lives. Most of the Bosnian refugees came here, as low-skilled workers but there have also been professionals like doctors, lawyers, nurses, and teachers. Bosnian Americans have demonstrated a strong attachment to their socio-cultural values. In dealing with Bosnia Americans, counselors should consider that they are likely to present with various forms of mental disorders triggered by war traumas and injuries. As such, counselors should provide a supportive and accommodative platform whose goal is to deal with the challenges facing these immigrants. More importantly, the platform should enable Bosnian Americans to express themselves devoid of any coercion.
Clark, A. (1996). L. Bosnia: What Every American Should Know. New York: Berkley Books.
Center for Health Disparities (n.d.). Bosnians and other refugees from the former Yugoslavia.
Coughlan, R., & Owens-Manley, J. (2006). Bosnian Refugees in America: New Communities,
New Cultures. New York: Springer.
Dimova, R., & Wolff, F.C. (2009). Remittances and Chain Migration: Longitudinal Evidence
from Bosnia and Herzegovina. Retrieved from
Inman, A.G., Howard, E. E., Beaumont, R. L., & Walker, J.A. (2007). Cultural transmission:
Influence of contextual factors in Asian Indian immigrant parents’ experiences. Journal
of Counseling Psychology, 54 (1), 93-100.
Kisslinger, J. (1990). The Serbian Americans. New York: Chelsea House Publishers.
Malcolm, N. (1996). Bosnia: A Short History. New York: New York University Press.
Miller, O. (2012). Bosnian Americans. Countries and Their Cultures. Retrieved from
Searight, R.H. (2003). Bosnian immigrant perception of the United States health care system: a
qualitative study. The Journal of Immigrant Health, 5, 87-93.
Val, C., & Iain Walker, S. (2003). Human capital, acculturation, and identity: Bosnian refugees
in Australia. Journal of Community and Applied Social Psychology, 13(5), 337-360.
Valenta, M., & Ramet, S.P. (2011). The Bosnian Diaspora (Research in Migration and Ethnic
Relations). Burlington, Vermont: Ashgate.
Cyber Security for Medical Devices and Hospital Networks
Due to the increased use of technological devices in hospitals, there have been a lot of concerns raised regarding the security issues of the network systems. This is not only a problem to the health sector but also to the business world where people have lost crucial information to unscrupulous individuals who take advantage of unprotected networks to deprive unaware people off their privacy. This is why hospitals have to implant some of the infrastructures to cater for the security wellbeing of the patients as well as the entire hospital. The project aims at protecting hospitals networks from attacks from hackers and unauthorized persons.
From July 1 to July 15: Design and development
The projects involve a number of parties expected to make adjustments in order to promote security of the devices. Installation of software to the system that will detect the user’s personality is deemed to take a period of six days. This is because the system operation needs to be reevaluated with the installation of the new software consecutively taking place. Downloading new files and documents from emails and internet will require authorization from the program coordinator if the source is unrecognized. In order to use the devices, one will be required to sign in with authorized user name and password. Only authorized personnel will access and operate the devices. This will enhance the security as well as the instillation of responsibility upon the users.
From July 16- august 1: Goals and Objectives for Manufactioners
The installation of the firewalls in the organization that will take a period of six days will commence after the installation of new and advanced software. This wall helps to control networks traffic in the sense that it prevents unauthorized incoming networks from connecting to the institutions network. In addition, it helps detect unauthorized users and prevent them from accessing the organization’s network. This program may take approximately six days to be fully installed and work to meet the expected standards. Moreover, hospital employees need to be informed about the new structural development and measures to undertake when using the infrastructure to enhance privacy. This goes hand in hand with the installation of Mobile Technology to enhance the Voice Mail Answering and Beeper Service in Hospital Settings. It will facilitate communication between workers in the premises. This action creates efficiency and effectiveness of service delivery by the stakeholders through timely consultation and feedback management.
From Aurgust1-Aurgust 15: Goals and Objectives for Health Care Facilities
Monitoring for the usage of companies data will be done through the administration of a procedural authorization setup to the hospitals network. By doing this, all the user will follow a particular path authorized by the regulator. In case of any irregularities or suspicious dealings, the system will alert the regulator/administrator who will intervene and disable the transaction. Here, hospitals are required to establish a control panel that will monitor all the activities. This process needs at least two weeks to be fully established. Constant evaluating and checking of the devices should be left to the manufacturers so that they can operate at the highest efficiency level.
Project Outcomes and Deliverables
There are numerous advantages of having a protected network; they includes the following. One is that the company will reduce the number of attacks from outside and unauthorized networks that expose confidential information to unwarranted people who misuse it for selfish interests. Another advantage is that the cost of operation is reduced by a great deal due to reduced cases of fraudulent cyber attacks.
From august 16-september1: Implementation and Evaluation
The project is deemed to cost the hospital a total of $200,000 in terms of acquiring new software and training all the employees. Employee training will commence prior to the inception of the new system so that they are familiar with the demand of the system. This is a positive move towards safety measures implementation and operation of the initiative meant to change the way business is conducted by all the stakeholders. The implementation will be in three phases.
From 1 September to 12 September: The first phase involves the replacement of old software with the new software that is more advanced and keeps on updating data from time to time. The process will take two to three week to be implemented by technicians helped by the manufacturing company.
From 13 September to 20 September: The second phase involves the inception and establishment of a control panel by the hospital management. These are computer design experts trusted to undertake protective measures as well as monitor all the activities carried out by the organization staff members. One week will be enough for these activities to be through.
From 20 September to 1 October: The third phase incorporates the process of software development to host the user identification procedures that asks for user ID, password and department or category of job group. It keeps off the intruders from accessing the system in the sense that they are unfamiliar with the working of the new system. This is the final stage in the implementation of changes thus need to be taken with a lot of care. It takes a maximum of one month to be fully functional depending on the size of the institution.
Criminal Laws: Violations that Might take Place at Work
Criminal is basically a field of law that deals with crime. Criminal law ensures that those who violate the law are punished according to the law. This field of law is very important in ensuring that there is sanity. Criminal law ensures that the conduct of a person is checked and if need be the person committing a crime is punished.
This paper will focus on the workplace and how criminal violations are handled. The following research will focus on the criminal policies applied in the workplace where individuals are employed to execute various duties. A frontline management level is a manager or supervisor responsible for company functions relating to production and supervision. The supervisor will work under the immediate manager and has the responsibility to ensure that all levels of production perform as expected and other ethical practices at the workplace. The frontline manager is also to ensure that the laws of the workplace are followed. The research looks at various scenarios the frontline manager has to deal with. Employees of a company should always have a plan schedule in advance (Sims et al, 2001).
The frontline manager is responsible for allocating duties and making any adjustment depending on the work at hand, he ensures smooth running of the industry functions. Each employee should be assigned duties to perform and should not be idle when there is more work to be done. The frontline supervisor ensures that employees are allocated reasonable and equal work to prevent overburdening some employees (bluff, Gunningham & Johnstone, 2008). The frontline manager is also responsible for solving employee grievances and other work related issues. He also makes use of responsible dispute resolution mechanism when there are serious disputes among the employees (Estreicher, 2004).
Frontline Supervisor Qualifications and Responsibilities
Frontline supervisors are very important to an industry in so many ways. The one single major employee motivator is the frontline manager. The manager interacts with the employees on a day-to-day basis and has the advantage of interacting with them on a day-to-day basis. The supervisor therefore, encourages employees to be better and perform better at work (Sims et al, 2001). The supervisor has the ability to detect and minimize criminal law violations at work.
Every organization follows a well-laid structure governed by rules and regulations. The front line manager ensures that employees adhere to the company rules and regulations in their day-to-day activities. Regulations ensure that the working environment is not chaotic but rather well organized.
Responsibilities are apportioned to every employee by the supervisor. The supervisor must be meticulous in his responsibilities and therefore ensure that each employee delivers the best quality service to the company. He can also re allocate duties where employees are absent from work (bluff, Gunningham & Johnstone, 2008). He is responsible for staff appraisal and therefore makes re commendations for promotion and other work related recommendations required to improve the services and goods rendered by the company.
Activities at the industry or workplace, requires rigorous and careful planning (Estreicher, 2004). In these plans, whereas the company strives for maximum productivity, adherence on quality, employee wellness, emergency preparedness, and quality of production and services cannot be ignored. Emergency response and safety is also a priority area.
Company equipment and other hardware must always be inspected before any daily work is resumed. The frontline manager must ensure that such inspection is done to prevent avoidable hazards in the workplace. This therefore means that there must be specialists to maintain the equipments and ensure that they are in a serviceable state. Records on the equipments must be updated frequently to prevent injuries. He also must make sure that all employees have their safety gears on at all times. The supervisor sets goals for every team leader and ensures that a set target is reached (Wiley, 2011).
For one to qualify as a frontline supervisor, certain qualities must be demonstrated. A frontline supervisor is likely to be promoted to a manager simply because he knows the day-to-day activities of a company. Some of the professional attributes that must be demonstrated include flexibility, high moral and psychological probity, academically qualified, wise and sound judgment, low temperament, ability to solve industrial disputes amicably and good communication skills. The candidate must also have the ability to treat workers fairly and this therefore requires good supervisory and record keeping skills (Estreicher, 2004). Record keeping is very important to the overall assessment of employee outputs. The most important is possession of visible leadership qualities. This means the person should be likeable and able to apply sound managerial skills (Fawzy, 2002).
National Frontline Supervisor Requirements
In the United States, there are legal competencies and requirements that a frontline supervisor must always demonstrate. In trying to achieve this National Frontline Supervisor Competencies (NFSC), encompass setoff standard skills (Wiley, 2011).
. Certain benchmarks are set on how frontline supervisors should render their functions in the most responsible and humane way without discrimination to gender, persons with disability, or any other form of discrimination. A competent supervisor translates to effective workforce.
There was however need to offer regulation and make responsibilities of all frontline supervisors meet a certain standard. These requirements will therefore mean there are set requirements of executing the functions of the office. When standards are set, it means that output can be measured using certain parameters for purposes of fairness (Wiley, 2011).
. There is also the need to develop a curriculum suited for frontline managers. These standards will ensure that rights of frontline supervisors are not violated. The National Frontline SUPRVISOR Competencies (NFSC) has set standards that have to be adhered to by all organizations so that there is standardization in the requirement of the office.
Core Functions of a Frontline Manager
There are five known levels of management that frontline supervisor must always adhere to. These functions are considered basic. A frontline supervisor must always plan on both the near future and long-term achievable goals. This will help in setting responsibilities and targets for each employee. An organization cannot function at all without planning
A supervisor must also organize functions in for the employees. Each employee must know where he or she ought to be and on what machine at any one time (Fawzy, 2002). This eliminates chaos and conflicts among the staff. Employees should also be placed at their area of specialty for maximum output.
Coordination is also a very important element. Coordination is done with company goals in mind. Coordination also eliminates chaos in the workplace.
A frontline officer must also be commanding and authoritative. He is responsible for directing employees and employees must do as he says. Poor command creates room for rebellion and chaos (bluff, Gunningham & Johnstone, 2008). The Ability to command also means the supervisor can direct employees to perform certain functions effectively and when needed to.
Lastly, the supervisor has to be able to control functions and adjust them to fit to a particular situation on a need basis. Whereas there are set plans of work, the ability to control ensures that there is quick response to an emerging situation (Wiley, 2011).
Frontline supervisors are tasked with not only ensuring that there is quantity output, they must ensure that they adhere to quality. They also must encourage and motivate employees to enjoy the work environment. Frequent advice to employees will act as a motivating factor for enhanced output.
Assault and Battery
Assault and battery are two distinct words used together most times despite the fact that each means something totally different. Battery may occur when a person lays hands on another individual without their consent whereas assault occurs when the body is used to touch another without their consent. That means if a person throws a jab and misses; it legally qualifies as an assault. When one is hit by the hand, it is battery.
The work place is very ripe for assault and many cases are reported at the industrial workplace. The front line supervisor is the immediate person interacting with the employees and should be able to take action when such violations occur. Most times the company guards or employees assault their colleagues at work. The frontline supervisor should immediately report such cases and cause such individuals to be ejected or further disciplinary action to be taken on them.
The employer is equally culpable if any kind of discrimination occurs to an employee. A frontline supervisor should immediately be informed when such harassment occurs; the employer could be sued in damages. The frontline supervisor should protect employees at all times from workplace criminal violations.
The supervisor should also be careful not to perpetrate violations at the workplace. At times, it may not be easy to tell if a violation has occurred especially if it was not intentional. A violation is not intentional if the supervisor did not know about it. For example discriminating upon an employee with disability is willful considering it that they fall under a protected category and protected by the ADA Act. It is also a crime to contemplate retaliation for a violation. It will be absurd to assign aged workers to a much harder station to serve as a punishment. It will also be a violation to assign a person with disability roles that involve scaling walls. A violation can also involve assigning excessive work to an employee to punish them. Work responsibilities should be predictable for an employee to plan in advance. Giving irregular commands to an employee is considered a violation in law (Walsh, 2009
Unfair Treatment at Workplace
Harassment and discrimination of employees at the work place is very common occurrence. There are several workplace laws that prohibit discrimination and unfair treatment of workers. The front line supervisor should always be alive to these sensitive issues. Specific areas of discrimination are age, sex, color, disability, sex. Harassment involves working under pressure of coercion to deliver far and beyond what an employee ought to, unfair promotions based of nepotism or favoritism, working in a very unfriendly condition. Harassment also borders on insult. The frontline supervisors should at all times dissociate themselves with these two vices at all costs (England, 2012).
Laws on Overtime Hours
Workforce health and safety regulations need to be observed keenly in any working environment. Supervisors are tasked with ensuring all health hazards are kept in check at all times. There is need for very strict regulating mechanisms to satisfy Occupational Health and Safety laws. This legislation imposes specific duties on a workplace environment. There are so many incidences or accidents that are may occur a workplace (Wiley, 2011). The law imposes strict penalties to those who flout these laws. It bestows upon every supervised to acquaint themselves with the letter and spirit of the laws on safety.
Supervisors should also take it upon themselves to not only enforce these laws but also inform its workforce. It is also wise to hold civic forums on these laws with the employees. Posters are also an efficient way of informing the workforce on what the law requires of them. The organization should demonstrate willingness to be bound by the OHS legislation at all times (bluff, Gunningham & Johnstone, 2008).
The law and Job Description
A company is motivated by profits and in pursuit of this; mechanisms are put in place to make sure that it produces and distributes the products. It therefore follows that and employee must equally be motivated by pay and should therefore strive to produce these goods to be able to earn pay. However, the employer will not dictate to an employee how to carry out his functions. In response to the discrimination rampant in the Americans with disabilities, the ADA Act was enacted to protect against discrimination on such persons.
This law requires that the workplaces should at all times be friendly to persons with disabilities. They should be able to work on the same machines and operate within the time prescribed by the company. This law mentions essential jobs and should therefore be of legitimate expectations to the person with disability. Whereas the task of setting job duties lies with the employer, it is important to take into consideration the overall expected output and not how it is done. ADA also protects persons with disability where they are made to perform noncore duties to their detriment (Wiley, 2011). A supervisor must at all times ensure that there is fairness to all employees and with particular interests to persons with disability.
Persons covered under ADA cannot be compelled to execute an undertaking that is not within his ambit. There has to be a clear work plan and job description to guide a person protected by the law from performing non-essential duties. The supervisor has the responsibility of allocation duties that are in line with the company achievable goals. A development of employee job description must be professional and fair taking into consideration individual capabilities. It must also be aligned with the company objectives and should not take into consideration the age of an employee. The goals of an organization must also be goals that are achievable, employees should not be made to strain to perform functions that would ordinarily be performed by a larger number of employees (Blanck & Braddock, 1998).
Job evaluation must also be fair or be seen to be fair. Evaluation has to be in line with the company objectives and the duties performed to satisfaction by the employees. Where an evaluation is extended beyond the objectives of the company, then that is an illegality and is not fair to the employees. The laws are there to protect the employee from exploitation by the employer it follows therefore that the employers display some degree of resistance because it limits the powers of the employer to an employee. Industrial laws are made to be similar in the whole country so that there is a high level of fairness in employment and working conditions. The laws also ensure that employers are restricted to only assigning employees what is considered essential to the performance of duties in the industry.
The laws also increase levels of accountability and reduce significantly discrimination based on age, gender, disability, sex, original nationality, religious inclinations, and all other forms of discrimination.
Whereas there is a misconception among managers on who is fully responsible for enforcement of the laws, the supervisor being the first contact person in management and executing company policies. Other department s in a company are equally responsible and incase of violations, blame will be apportioned to each responsible department. The supervisor must ensure that the employee under him enjoys the protections of the law. He also has to ensure the workplace does not discriminate upon any employee on gender, disability, sex, or color. Finally, the supervisor being the planner of duties must alter and accommodate such special needs employees especially those under ADA and ensures that time and other work requirements favor their disability(Wiley, 2011).. Inline supervisors are solely responsible for their own individual violations committed at the workplace. The supervisor must implement company policies in a legal manner and if need be, decline to implement discriminatory regulations or orders from other senior departments.
Age has been used to discriminate on employment and this let to the enactment in 1967 of the Age Discrimination in Employment Act. This Act of law was meant to discourage the use of age as a factor or requirement in employment. Not adhering to this acts requirement is considered so grave a violation and might be seen as a blatant violation of individual Civil rights. This law is applicable to all persons over 40 years old. This law had the intention to create a fair and level field for employment. It therefore begs the question, what are the requirements to qualify for employment. One only qualifies based on academic and job performance
There is need to eliminate all discriminatory practices related to job qualifications so as to create a level field for fair and just employment for all citizens..
Laws on Hiring and Promotions
The law is very clear on protection of potential employees during the hiring process and at the times of promotion. The law stipulates what falls under the protected category. A person’s disability should not be raised during an interview or promotion. Equally, the age and gender should not be an impediment to a promotion. There are also requirements set for job application advertisements. The law eliminates all forms of discrimination before employment and during employment. Fairness ensures that there is a level field for employees to ascend the ladder. The supervisors must strive to give a fair recommendation of an employee without any form of discrimination but rather based on merit (Mizrahi & Davis, 2008).
Workforce Cut down
Companies at times are forced to reduce its employees to meet their needs however; it must be done in a structured manner respecting the rights of employees. When a company or organization wants to scale down on employee numbers, it should not be done to eliminate people with disabilities or discriminate on age. The job descriptions and company requirements at the time should be considered. Failure to adhere to this is a violation (Garner, 2008).
A supervisor should always be alive to the legal requirements as provided by the law. An employee rights should be taken into consideration at all times.
Ethical Behavior in the Workplace
Workplace ethical behavior concerns behavior among workers that strengthens the organization’s capacity to achieve its objectives conveniently. Such behavior involves responsible behavior among employees, effective teamwork, respect and cooperation among employees, obedience to the management and regulations, and effective application of personal skills for excellent performance. Workplace ethics further concerns positive interpersonal relations, high job motivation, competent decision-making, and protection of the organization’s interests.
Frontline supervisors are very important to the day-to-day running of an industry. The law is very clear on how front desk supervisors are supposed to conduct themselves when they execute their mandate. It is also important to have supervisors that are qualified with relevant managerial skills. The persons should have inherent attributes and determined to carry out their functions in a professional manner.
There is need for supervisors to acquaint themselves with all laws that touch on the employees and the workplace and how to administer company policies in a manner that upholds the law. The employees in a company should be made to inculcate a positive attitude and be able to work as a team to propel an industry to greater heights. Discrimination at the work place should be prevented at all costs and the best way to do this is by providing an avenue for employees to air their grievances in confidence without fear of victimization.
The working environment should also be made attractive by investing in modern machines and giving the employees better remuneration.
The disabled should also be provided with special apparatus to make their work easier and therefore tapping on their skills. Industries that are keen on embracing the global dynamics and adopting laws, rules and regulations are likely to thrive well are realize the core intentions of the industry. Supervisors also have to be humane, kind and a team player to be able to motivate other employees render better services to the company at all times. Companies should also inform employees of their rights at all times.
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Bluff, E., Gunningham, N. & Johnstone, R. (2004). OHS regulation for a changing world of work. Annandale, N.S.W: Federation Press.
England, D. (2012). The essential guide to handling workplace harassment & discrimination. Berkeley, Calif: Nolo.
Estreicher, S. & New York University Annual Conference on Labor. (2004). Alternative dispute resolution in the employment arena: Proceedings of the New York University 53rd Annual Conference on Labor. New York [u.a: Kluwer Law International.
Fawzy, S. (2002). Globalization and firm competitiveness in the Middle East and North Africa region. Washington, DC: World Bank.
Garner, G. W. (2008). Common Sense Police Supervision: Practical Tips for the First-line Leader. Springfield: Charles C Thomas Publisher, LTD.
Mizrahi, T. & Davis, L. E. (2008). The encyclopedia of social work. Washington, DC: NASW Press.
Sims, R. R. (2001). The challenge of front-line management: Flattened organizations in the new economy. Westport, Conn: Quorum Books.
Walsh, D. J. (2010). Employment law for human resource practice. Mason, OH: South-Western Cengage Learning.
Custom in International Law
This paper discusses custom in international law. Custom in the international laws are developed from local customary laws. The United Nations, its member states, international jurists as well as the International Court of Justice directly express customs as the primary sources of international law. This is consistent with the existing principles of treaties and law. As at now, so many world’s governments are now using the principles of customary international laws. This essay investigates and discusses some of these issues.
Custom in International Law
Ideally, a customary international law should contain various proponents like principles, rules, and norms that can apply to any state. The principles as well as the norms should not be limited to only a particular state of an exclusive group. For instance, rules that relates to the airspace, outer space, warfare, immunities, and samongst others, should apply equally to all states that are concerned with these issues. Similar principles, norms, and rules should be used to all the participating countries. The results of several cases suggest the exclusive application of general customs in global laws. For instance, there are cases concerning the overall principles of international laws, the collision of ship from different countries on the high seas, as well as the construction of treaties, all suggesting the exclusive application of customs in international law.
Conversely, there are special customs international laws. These traditional customs specifically deal with non-generalized topics. For example, the rights to a particular section of the world. For instance, cases involving acquisitive prescription, boundary disputes,as well as global servitudes may form part of the special custom international law. Most of these cases deal with rules and principles that are expressly limited to some countries or regions. However, such customs are unable to expressly determinate different classes of people. A good example is the Latin American’s asylum laws. In essence, it is a thin line that separates general custom from the special custom in international law.
According to Malcolm (2008), customs are not particular to any department or area of public international law. Instead, it is international law. Customs in law is defined as the established pattern of behavior that is both objectively and verified within a particular social setting. This issue surfaces wherever there are arguments of the International Court of Justice and other international organizations that claim the imprimatur of international custom while others not only question the principles but their alleged status as customary. There are several issues affecting the custom in international law.
Recognizing Custom in International Law
There are two general conditions that determines the existence of customs in international laws. They include (1) the special legal practicesthat are maintained by some countries, and (2) the special legal practice that other relevant actors consider as law. The latter is expressly known as opinio juris. Several customary laws are established to manage the long established standards of the community in a given locale. In the global perspective, the term is applied to specific elements of legal standards of practice, as expressed in the international law, have been universally accepted as the correct basis for action. For example, laws against slavery and piracy are universally accepted as the correct basis for action. In many cases, customary laws are supported by previous supportive court rulings and relevant cases. This is done to give it more weight and demonstrate the trajectory of the evolution as well as the interpretation of the law.
According to the definition given by International Court of Justice Statute in Article 38(1) (b), customary international law is evidence of general practices that are accepted as laws. This is determined by two important factors. These factors include the general practice of the country and the countries that have accepted the practice as law. Different states now accept and recognize different types of custom in international law. There is no absolute uniformity in the recognition and acceptance of customs in international law. It is essential to note that some customs in international law rise to become jus cogens while a small group of countries simply follows others. In the former scenario, the customs may develop into jus cogens level. This is basically due to open acceptance as non-derogable rights by the international community.
Jus cogens is a principle in the customary laws. It is followed in the acceptance of custom sin international law. The international society accepts this principle as the basic legal norms through which people cannot permit any form of derogation. The jus cogens norms particularly is derived from the principles of natural laws. Any law that contradicts or conflicts the norms and principles of jus cogens is, therefore, considered null and void in the international perspective. For example, any country that allows slavery, genocide, torture, the aggression war or any form of crime that is against the principle of humanity is considered violating the custom in international law. States are bound to adopt and follow customary international law regardless of whether or not they have codified.
The Elements of Custom
It has been said that the standard of conduct which follows from a settled practice becomes custom when it is accepted as a rule of legal nature. Article 38, paragraph 1(b), of the Court’s Statute, requires that the practice be “accepted as law”, and the problem of acceptance brings to the fore the problem consent in the making of custom, and particularly in the emergence of the opinion juris. This can be defined as the ‘subjective’ mental element, which makes ‘objective’ usage a norm of international law.
To establish whether custom exists on a certain legal matter, certain conditions must be fulfilled. For example, the primary concern of the acts should to attain the settled practice. Besides, they must be performed in a manner that provides evidence of the practice is rendering obligatory. The attitude might take several diferent forms according to the merits of the specific situation. They may simply tolerate the practice without consenting to it expressly or tacitly.
The attitude of mere toleration is sufficient when the claims put forward by the participants do not impose any duties on the non-participants. Thus, consent is necessary to the formative period of a customary rule. Many dualist theorists argue that usus (regulations of behavior) consists of all relevant constituents on the spectrum from a pure deed to pure word. On the contrary, opinio juris (legally required) becomes a mental or subjective element. In this case, it is typically assumed based on the usus.
Several elements might constitute the custom laws especially in the localized restriction. However, the elements might vary when it comes to the international law. When it comes to custom laws, the theorists of international laws are overlyinterestedin understanding what makes up the custom law. They also want to know if and how the discursive normative practice account fit into the concept of custom law in the international perspective. It is also essential to note that the qualities of a norm as a significantly normative custom is its integration into a discursive, deed-based system of norms.
Thus, what qualifies a given custom as legally significant in some legal system is whether that custom is incorporated into the larger set of norms of that legal system, or whether it is integrated into a custom regime that in turn is incorporated into the legal system. Normative practice is, therefore, those who follow customs in the mode of their participation in the practice.
The Normativity of Custom
Over the last half a century, many rules of customary international law have been thought to bind universally irrespective of whether the party subject to them has signed. To make the customary laws are universally binding. They certainly impose an obligation omnium. Despite this push for the use of customary laws universally, some leeway has been directly given to the “persistent objectors.” This has subsequently reduced the impacts as well as applicability of customs as applied in the international laws. But, of course, the problem of scope gets worse once the principles of humanitarian, human rights, and environmental law are considered.
New problems arise when the principles of human rights, humanitarian, as well as the environmental laws are considered the basic pillars of customary international laws. This is because these principles, although good, just hold the intersection between discrete parties or states. Instead, they form part of the erga omnes. By this virtue, they simply bind and entail all rights that are held by various states. They undertake all types of duties and functions such as the state’s role in the protection of the right-holders. This happens regardless of the specific relations that exist between the state and the right-holders. In the words of the International Court of Justice case, these explicitly express the obligations of a State towards the requirements of the international community as a whole.
Customs are practiced in communities in which they have been prescribed to. They are the practiced norms of that particular community. These are more than mere rules that are followed by individuals out of fear. In addition they are not mere rules followed as a matter of personal policy. These rules, as much as they apply to that particular community, do not necessary apply to the rest of the other social organizations. Several communities widely follow the norms of independent conviction because this convergence of behavior of members allows them believe that it is their moral responsibility to abide by the same. For instance, customs dictate that it is important to be neighborly and to deal honestly with others. This happens regardless of whether communities are doing eth same thing. They may be wrong about it, but then, this only serves to prove that morality is closely entwined with customs, more than it is acknowledged.
The Statute of the International Court of Justice described a customary international law as a general practice of law. In a 2003 decision of the United States Court of Appeals (Flores vs. Southern Peru Copper Corporation), described customary international law. According to this decision, no distinction is evident between this concept and the widely-held definition of international law. This is also referred to as the law of nations. According to this definition, customary international law is those rules, standards or customs (a) affecting the relationship between states or between an individual and a foreign state and (b) used by those states for their common good and/or in dealings inter se.
The customary internationallawsare meant to deal only with the wrongs that are of mutual concern. On the contrary, it does not address wrongs that are merely of several concerns. Those who participate in a custom’s practice undertake several different commitments. They include commitments (a) to judge certain performances as appropriate or inappropriate; (b) to act when the occasion arises in accord with these judgments; (c) to challenge conduct that falls short of these judgments; and (d) to recognize appeals to the judgments as vindications of their actions or valid criticisms of them. As a rule, the customary international law is design and created through the uniform and constant practice of states. This also includes other communities or states that are subjects of the international law. Applied this way, customs directly expresses the legitimate expectation in the future of similar situation.
In the international law perspective, the customary laws might imply the Law of Nations. Alternatively, it might refer to the legal norms that have developed in the country through the exchange of custom over a long period of time. These customary exchanges might extend between states. The developed of customary laws may be based on either aggression or diplomacy. In essence, legal obligations may arise especially between states as a way of carrying out their affairs in accordance with their past acceptable practices. There are chances that these customs can alter over a given period of time. States that use particular acts might base the change on either the acceptance or the rejection. These might cause come differences in the application of customs in the international law.
Some of the principle, rules, and norms of customary laws have successfully achieved the force of peremptory norms in the international perspective. It is not right to alter or violate the peremptory norms. However, alteration and violation of the peremptory norms is only accepted through the application of a norm of comparable strength. This is done to help strengthens the force of costmary international laws. However, not all principles, norms, and rules of customary laws have achieved the status of peremptory norms. The significance of peremptory norms is that they gain significant strength especially from their universal acceptance. Good examples of peremptory norms are prohibitions against slavery and genocide. The international customary laws are not similar to international treaties. Unlike customary internal laws, treaties consist of explicit agreements between states that allow them to assume obligations. However, many treaties attempt to codify the existing customary laws in the international context.
Customary Law in Contemporary Legal Systems
The majority of the modern legal systems recognize the customary law. In particular, it is recognized as a significant sources of law within many contemporary jurisdictions especially those relating to the civil law traditions. In this case, customary laws may be subordinate to both the required regulations and statutes of the state. However, the importance of custom as the primary source of law in civil tradition is slight and decreasing. Nonetheless, in many countries, many types of customary laws exist alongside the nation’s official laws. This condition is referred to as legal pluralism. Some of the countries using legal pluralism include Denmark, Uganda, Norway, and Sweden among others.
The principle of customary laws is widely adopted in the contemporary principles of property laws. The principle of property laws recognizes and gives legal right to continue something that has been practice for long instead of objecting it. This applies in areas such as occupying or using the land to which a person has no title. It is practiced in contemporary laws that something, which has been practiced from the beginning by a particular community or locality, may rise to the legal status in the form of local law. There are precise legal criteria that define the custom. The legal precedent defines ‘time immemorial’ as a period of 12 years.
Customary ancient laws form the constitution foundations in countries such as Canada. This has made customary laws to have broadening influence within and outside Canada. In addition, customary laws continue to exist in Scandinavian countries where they have a significant influence on the constitutional foundation of the country. Not forgetting, customary laws are widely used in most third world countries especially in Africa and Asia continents. In particular, customary laws are used alongside civil. They might also be used alongside common laws in third world countries. A good example is Ethiopia where there are more than 60 systems of customary laws used alongside the countries legal codes. Some of these customary laws operate independent of the established formal legal system employed by the state.
Custom in the Global Environment
Custom in the international law has functions in the social environment. The primary agents involved are nation-states. Several international law theorists argue that nation-states being the primary agents limits to a great extent the force, nature, as well as the scope of the customs within its domain. In addition, this limits largely the types of norms that can arise within this domain. However, controversial instance of custom in international law usually arise due to constant interaction, tolerances, and claims as to the ability of the sovereign state. In such case, the custom may generate rights and obligations that are bilateral. These are correlative duties and rights. Furthermore, such customs may run only between individual sovereign states. This strictly reduce the level of bilateral interaction. This typical strict bilateral interaction between states is essential to and intrinsic to the type of state practices that eventually leads to the formation for customary international laws.
The process of custom in international laws is triggered only situations in which countries interacts with each other. Without this interaction, custom might not be applied in the international law. The interaction also ensures the custom laws continue to work in the international perspective. This argument, even though it sees sound, possesses serious challenges to human rights as well as other humanitarian principles. This argument also seems to challenge the principles of normative practice. The international dynamics of the global order differs significantly in kind from one country to another. Also, some people are skeptical about the custom in international law because it has direct impact on the human rights and humanitarian principles. In particular, they are skeptical about the use of customs to defend the principles of human rights and humanitarian. Customs does not provide a more secure and universal doctrine of defending the human rights and humanitarian principles.
Shaw, M. (2008). International Law (Sixth edition), New York, Cambridge University Press, pp. 72-93.