Deficiencies of the Prevailing Labour Law in Sri Lanka Essays

Deficiencies of the Prevailing Labour Law in Sri Lanka Essays Deficiencies of the Prevailing Labour Law in Sri Lanka Essay Deficiencies of the Prevailing Labour Law in Sri Lanka Essay DEFICIENCIES OF THE PREVAILING LABOUR LAW SYSTEM IN SRI LANKA BACKGROUND FOR THE STUDY 1. 1. Employment Employment is a An act of employing State of being employed The work in which one is engaged; occupation. An activity to which one devotes time The percentage or number of people gainfully employed: a vicious spiral of rising prices under full employment (William Henry Beveridge). 1. 2. Definition of Employee and Employer A person who is hired to provide services to a company on a regular basis in exchange for compensation and who does not provide these services as part of an independent business† â€Å"An employee is a person who works in the service of another person under an express or implied contract of hire, under which the employer has the right to control the details of work performance† (Blacks Law Dictionary). â€Å"An employee is hired for a specific job or to provide labor and who works in the service of someone else† (the emp loyer). The IRS classifies a worker as an employee as follows: In general, anyone who performs services for an organization is an employee if the organization can control what will be done and how it will be done. 1. 0. Types of Employment There are a variety of employment types that can offer new staff including Permanent, full-time, part-time, casual, fixed term employment, traineeships and apprenticeships. 2. 1. Figure: Types of Employments Permanent employment Can work continuously until retirement. Letter of appointment must be given. Can be asked to undergo a probationary period. If progress is unsatisfactory during probationary period, the period can be extended or service terminated. Even during the probationary period employees can enjoy all facilities under Labour Laws. Apart from permanent employment, there are other new forms of employment that are widely practiced in the world today. Full Time Employment Full-time employees work on a regular weekly basis and are expected to work a full week. Part Time Employment Part-time work is a new concept adopted only in few institutions such as BPO Companies. They engage school-leavers and unemployed IT educated youth such as IT operators for a few hours in a day. Unfortunately, Labour Laws are silent on part-time workers. Part-time employees usually work on a regular ongoing basis. They are paid on a pro rata basis. They are entitled to the following to: Part-time workers are paid for the total number of hours they have worked. They do not enjoy any benefits such as leave, gratuity and ETF. However, they are entitled to EPF. Under the EPF, part-time employees are covered and shall enjoy the benefits of EPF. Casual Employment Casual employees are employed on an irregular basis as needed. The can work as many hours as agreed between the employer and the employee. They: A casual employee has no right to expect daily or regular employment. A casual employee may report for work as and when they like and they can be employed as and when the employer pleases. The practice of having casual employees to substitute for absence of permanent employees is very common. However, the Termination of Employment (Special Provisions) Act gives coverage to an employee who has worked 180 days for a period of 12 months immediately preceding termination. Where the nature of work is of a transitory nature, it would be considered casual employment and all such workers are treated as Casual Employees. However, where such work recurs at regular intervals and forms part of the business, it may fall under temporary employment. Labour laws are silent on â€Å"Casual employment†. It is, there for, necessary to treat them like any other employee. They should come under EPF and ETF coverage. A casual employee is one who is taken, either for work of a casual nature or on the basis of fulfilling a casual need. Several companies maintain a register of those who are registered for work, when work is available. The difference between a casual employee and other employees is that a casual employee cannot be expected to report for work daily. There is no obligation to offer work on a daily basis too. Most organizations also recruit them at the gate and at the end of the day, if there is work the next day as well, he could be informed that he may turn up for work the next day as well. Casual employees are also paid on a daily rated basis and as far as practicable, paid daily or not later than at the end of the week. Payment is also made by voucher and the signature of the employee is obtained. A casual employee employed on a weekly holiday should be remunerated at 1 1/2 times the normal hourly rate. His normal hours of work shall be nine hours a day inclusive of one hour for meals and he is entitled to overtime if he is called upon to work over nine hours. In the event the employer fails to provide work for the full day such employee shall be entitled to be remunerated on the basis that he has worked for the full day. All casual employees are entitled to EPF and ETF. Fixed term or contract employees Fixed term or contract employees are hired for a fixed period of time, for example, for a specific project, or to replace an employee on sick leave or parental leave. Most organizations as prefer to offer a fixed term contract when it is felt that the nature of the work offered will last only for a limited period of time. When offering a fixed term contract it is necessary to: State the period of Contract from (Date/Month/Year) to (Date/Month/Year) As far as the date of expiry of the Contract, get the following Clause. Included in the contract of employment â€Å"I agree to the cessation of my employment on.. † A fixed term contract is one under which a person is employed for a fixed period. The contract will come to an end by mutual agreement at the end of the agreed period. When the management repeatedly gives a series of fixed term contracts to the same employee, it may be treated by an appropriate Court as a device and the employee being deemed to be a person on a permanent contract of employment. This is especially so where there is no break in service between the several contracts. It is also desirable to omit any reference to the possibility of a renewal of the contract. Any further contracts should be new contracts and not mere extensions or renewals of the earlier one. A Fixed Term Contract of Employment is one, which is entered into for a fixed term without any guarantee that the Contract would be renewed on the expiry of the period stipulated. At the end of the period stipulated, the Contract automatically comes to an end. Fixed Term employees are entitled to enjoy all benefits of the Labour Laws. Temporary employment * A temporary employee is an employee taken to fulfill a temporary need. If a vacancy is temporarily created by a permanent employee going on long leave such as maternity leave, study leave or where a special assignment has to be executed for which purpose extra employees are needed. It is important to issue â€Å"A letter of temporary employment† to such people. * Although the temporary employment is for a limited period, temporary employees will normally be entitled to the benefits of the labour laws. Outsourced Employment * Several institutions are at present outsourcing Accounting, human resources and other administrative function to specialized institutions established for such services. Although Labour Laws are silent on the terms and conditions of such employees most of such newly established institutions apply the shop and Office Act for the staff engaged by them. Major employment types at a glance Seasonal Employment * There is a distinction between seasonal and casual workers. Seasonal workers are employed during certain seasons of the ye ar. * There are certain industries such as the agricultural industry, where certain categories of employees are employed during one season of the year and at the end of that season their employment comes to an end. If such workers are engaged during the next season it will be new employment and the question of continuity of employment does not arise. * In the event of a dispute regarding retrenchment of workers, the question as to whether such industry is of a seasonal nature or whether the work in that industry is done intermittently, shall be decided on by the Commissioner of Labour and his decision shall be final. * In the case of seasonal workers they are also entitled to benefits under the EPF and ETF. Apprentices Apprentices are generally training to be trades people, while trainees are generally learning the skills of a non-trade occupation. Both involve: a registered training agreement; practical work; learning skills on and off the job; and Rates of pay covered by an award or agreement, or the Minimum Conditions of Employment Act 199 3 or the Workplace Relations Act 1996. Both apprenticeships and traineeships lead to a nationally recognized qualification. 2. 0. EMPLOYED POPULATION OF SRI LANKA The formally employed population of Sri Lanka in the late 1980s was shifting gradually from agriculture to manufacturing, trade, and service employment. Nevertheless, over 40 percent of the work force remained agricultural in early 1988; most of these workers were smallholders, tenants, and plantation workers. The labor force growing most rapidly in the early and mid-1980s was in the service sector. However that the figure 3. 1. will show the distribution pattern of year 2006 that emphasized trend of employments. It is very clear that, 33 percent of the total employment contributes to the agriculture sector while these percentages are 41 percent and 26 percent for service sector and Industry sector respectively in Sri Lanka. 3. 0. THE PREVAILING LABOUR LAW SYSTEM IN SRI LANKA The origins of labour laws in Sri Lanka can be traced back to the year 1841 when the first labour ordinance pertaining to contracts of employment of labour war introduced by then British Colonial Government to appease the interest of British planters when plantations were opened in the hill country first in Coffee and later in Tea and rubber as they found it exacting to get work done through Indian labour, who were brought down to Sri Lanka from South India. After the establishment of the Department of Labour, Labour law has been framed to protect the interest of all classes and grades of indigenous labours. Sri Lanka has nearly 55 legislation to control labour relations but only 44 of them are not actively using today. Of the 44 statutes also some in operation have become obsolete and out of date although they still continue on a legal basis. However the major statues as follows: Main Labour statues NoOrdinance/Act NoYearName of ordinance/Act 1191934Workmen’s Compensation Ordinance 2141935Trade Union Ordinance 3321939Maternity Benefits ordinance 4271941Wages Boards Ordinance 5451942Factories ordinance 6431950Industrial Disputes Act 7191954Shop and Office Employees Regulation of Employment Remuneration) Act 8151958Employees Provident Fund Act 9451971Termination of Employment of Workmen Act 10461980Employees Trust Fund Act 11121983Payment of Gratuities Act Workmen’s Compensation Ordinance No 19 Workmen’s Compensation Ordinance is an ordinance to provide for the payment of compensation to workmen who are injured in the course of their employment. It was formed in 1934 . 1935 Trade Union Ordinance No 14 Trade Union ordinance is an ordinance to provide for the registration and control of trade unions. Maternity Benefits ordinance No 32 The Maternity Benefits Ordinance, as amended in 1957, entitled a woman who worked in a factory, mine, or estate to full compensation for a period of two weeks before her confinement and for six weeks afterward. The employee must have worked for the employer 150 days before her confinement to be eligible to receive the benefits. Wages Boards Ordinance No 27 In 1941 the government enacted the Wages Boards Ordinance, the first comprehensive piece of legislation regarding the payment of wages, the regulation of working hours, and sick and annual leave; the ordinance also empowered the government to establish wages boards for any trade. The boards are composed of an equal number of representatives of workers and employers and three appointees proposed by the commissioner of labor. Part I of the Wages Board Ordinance applies to all trades defined as any industry, business, undertaking occupation, profession or calling. Factories ordinance No 45 The Factories Ordinance of 1942 established guidelines for industrial safety and sanitation and made each factory liable to government inspection. Because this ordinance and other similar legislation has not been enforced consistently, workers frequently protested their working conditions. In the 1980s, strikes and boycotts often took place because of inadequate meals at factories that had their own lunchrooms or because of the lack of other facilities. The Factories Ordinance prohibited work for women between 9:00 P. M. and 6:00 A. M. In the years after independence, a further series of laws restricted the employment of women and children to designated time periods and places. A 1957 law, for example limited working time for women to nine hours. Other laws prohibited women and children from working time underground, in mines, for example. Industrial Disputes Act Industrial Disputes Act is an act to provide for the prevention, investigation and settlement of industrial disputes and for matters connected therewith or incidental thereto. Shop and Office Employees (Regulation of Employment Remuneration) Act The Shop and Office Employees act No. 19 of 1954 which is an Act providing for the regulation of employment, hours of work and remuneration of persons in shops and offices and for matters connected therewith. All shops and offices in Sri Lanka have been covered by a regulation made under this act. Employees Provident Fund Act No 15 The Employees Provident Fund, established in 1958, provided a national retirement program for the private sector. The Provident Fund required an employer to contribute 6 percent of total earnings and an employee to contribute 4 percent of earnings exclusive of overtime pay. Participation in this plan grew quickly, and in the 1980s most salaried workers in the formal sectors of the economy were members. Government employees had their own pension plans. 1971 Termination of Employment of Workmen Act No 45 Termination of employment of workmen Act is an act to make special provisions in respect of the termination of the services of workmen in certain employments by their employers. Employees Trust Fund Act Under the Employees Trust Fund Act, every employer has to contribute at the rate of 3% each employee’s monthly earnings, to the Fund managed by the Commissioner of Labour. Employees are eligible to withdraw their balances at the termination of employment with their interest in the accounts. Payment of Gratuities Act An Act to provide for a scheme for the payment of gratuity to employees engaged in factories, mines, oilfields, plantations, ports, railway companies, shops or other establishments and for matters connected therewith or incidental thereto. 5. 0 Analysis of Data The data collected by primary and secondary sources, the following factors were found for the main question of the assignment whether the present law system in Sri Lanka protect the new types of employment. Figure 5. 1. – Methodology structure of the data collection 5. 1. Review and suggestions Sri Lanka today has a very fine texture of laws to protect the interest of employees and to a lesser extent to safeguard the interests of employers as well. The department of Labour as a mediator between employers and employees has up to date performed its onerous task through its officers to maintain industrial peace and the enforcement of the legal right and claims, which labour has in the performance of work under their masters. Even though, The Sri Lankan legal system is enriched with many laws for protecting employees, there is hardly any legislation to protect the interests of the employers who are the investors. Hence, the existing labour statutes have to be amended to protect the interests of the investors, especially the foreign investors. If not, they will have a conducive environment for investment and Sri Lankan Economy. The industry and service sector representing the highest proportion of Sri Lankan Employed population(Figure 3. 1),but the labour legislation of this country is equally applied to the industries that come under the BOI and no power has been granted to the Board to enter into an agreement to exempt or modify or vary the provisions of labour legislation. But it is interesting to note that even though the post 1977 policy of the successive governments has been attracting more foreign investment, the labour legislation of the country has been applied without any change in the context of foreign investment In Sri Lanka, the State intervention to protect the interests of the workers who do not have equal bargaining power with the employers has resulted in the enactment of large number of labour statutes. The question does arise whether the labour legislation is over protective of employees and weigh heavily in favour of them. If so, it will have an adverse impact on creating a conducive environment for foreign investment in Sri Lanka. The Factories Ordinance shall also be amended from time to time in accordance with the changes in the technology and the substances used in the factory to ensure the safety, health and welfare of the workers. In Consumer Education and Research Centre v Union of India Ramaswamy. J stated that The right to health to a worker is an integral facet of meaningful right to life to have not only a meaningful existence but also robust health and vigor without which worker would lead a life of misery. The evolution of the right to health of the workman as a part of his human right and the pervasion of modern technology and the various types of chemical substances with the foreign investment require the intervention of the State to ensure the safety, health and welfare of workers. The brochure on Labour Standards and Relations issued by the BOI, prescribes the conditions subject to whi ch the female workers could be employed on night shift. If these conditions are strictly adhered to, the employment of female workers on night shift will not have deleterious effects. The absolute prohibition of night work for the female workers may be a discrimination against them and may affect their chances of employment by discouraging the foreign investors. Therefore, in the context of foreign investment what is required is regularized night work for the female workers. Although, there are a number of labour statutes to protect the interests of the workers, still, some of them require amendments in the context of foreign investment. The Workmen Compensation Ordinance4 provides for the payment of compensation to workmen for personal injury caused by accident arising out of and in the course of employment15 or for occupational diseases mentioned in Schedule lll16 or for the disease which is reasonably attributable to the nature of the workmans employment. As to payment of gratuity, the Payment of Gratuity Act 23 is applicable to the employer who employs fifteen or more workmen24 and in respect of the employer who employs less than fifteen workmen, the workmen has to make an application to the Labour Tribunal 25 for gratuity. It is suggested that the Payment of Gratuity Act should be amended to make it applicable even to the employer who employs only one workman. As to the contribution of the employer to the employees provident fund, the employers should be induced to enhance their contribution. 6. 0. Conclusion In Sri Lanka the Statutory measures that are available are fairly satisfactory in protecting the workers. There are certain areas where there can be some improvement, specially the need for a mandatory letter of appointment, categorization of fixed term contracts, settling the questions relating to casual employment, etc. However, the problems are not mainly regarding inadequacy of legal provisions, but in the implementation and enforcement of same. The weakness in the enforcement machinery has been stated above. The mechanisms and the machinery available are not adequate and not very satisfactory and this is an area, which has to be strengthened. It is appropriate to state that in employer-employee relationship the survival of one party depends on the survival of other. Hence, the industrial law cannot be static and it has to change with the time. In Sri Lanka, in the present trend of industrial policy, the protection of the interests of the foreign investors draws special attention for the benefit of the present and future workforce of the country. References A. T. M. Nurul Amin, The Informal Sector in Asia from the Decent Work Perspective, ILO, May 2001. S. R. De Silva, Some Aspects of Labour Administration and Development in Sri Lanka A. T. M. Nurul Amin, The Informal Sector in Asia from the Decent Work Perspective, ILO, May 2001.

Film Viewer Opinion Paper Essay Example | Topics and Well Written Essays - 500 words

Film Viewer Opinion Paper - Essay Example I watched movies which listed great performers but the movie itself was a disappointment and I also watched not well-known actors on unpopular movies but was more satisfied at the end of the film compared to some well-advertized movies. Just because well-known artists are performing does not always guarantee a satisfactory movie experience. It is also important to take a look at other works of the director, if there have been good reviews constantly given, the film might be worth watching, though it is not also a guarantee because directors are also artists who may make a masterpiece and one that is not satisfactory. If the three aforementioned features are met, watch the film. I love humor in stories but of course when the entire film portrays humorous events, it would not be realistic anymore. I think the most important things to consider, to ensure an enjoyable movie, are humor and facts. I guess we basically experience the same emotions and that is what most would look in a movie. It is the thread that undeniably binds actors, directors and viewers. Twists make a film interesting also because it stirs up a viewer’s curiosity and mathematical abilities to be put at work. When unexpected turns unfold, viewers are satisfied that they have not guessed the possibilities before the scenes were shown and they are left to be amazed at how the story was presented. I think that makes a movie interesting. On the other hand, when viewers can tell what would come next in the story, they feel they can almost tell the story even without finishing the film. This makes them feel bored and might regret even giving the movie a thought. Lessons learned also make a film enjoyable. When a movie offers insights that viewers could adopt for practical living, it can spark their interest and hold their attention until the finish. That is why movies

Culture contributed to the issues of power, politics, and leadership- Essay

Culture contributed to the issues of power, politics, and leadership- Devil Wears Prada - Essay Example Organizational culture is the set of key values, beliefs and attitudes shared by organizational members. Organizational culture is often created by company founders. (Chuck 2009). Thus, the one person who can formulate, actualize and operationalize an effective organizational culture will have to be an effective leader. The leader through many traits like power will implement or impose that culture. With the culture having been implemented, it will give rise to different responses from the employees bordering on both positive side as well as negative side. Negative side in the sense, there will be some negative office politics because of the imposition of the culture. This paper by focusing, â€Å"The Devil Wears Prada† will demonstrate how the organizational culture based issues of leadership, power and politics were portrayed in the film. As leaders are the men/women in lead, they usually have a major impact on how the group initially defines and sets into an organization. Typically, the leaders have strong assumptions about the nature of the world, the role that organizations play in that world, the characteristics that make up human nature and relationships, how truth is arrived at, and how to manage time and space. They will, therefore, be quite comfortable in imposing those views and personal cultures, on their partners and employees as the organization copes with challenges and targets. This initial stage imposition of founder’s assumptions, as a form of good culture is one of the good leadership traits, because as the workers’ mind will be fresh in their new organizational setup, they will be motivated to adopt that new culture. Motivation is the set of forces that initiates, directs and makes people persist in their efforts over time to accomplish a goal. (Williams 2009). This new culture will co nsist of many

Police Abuse Essay Example for Free

Police Abuse Essay An officer who uses more force than policy allows is said to have used excessive force and may be guilty of police brutality, the excessive and lawless use of police force. Police officers are often seen as a thin blue line of protection between criminals and law-abiding citizens, but when they use excessive force, they cross the line and become criminals. Police brutality damages the image of law enforcement as well as the justice system. It leads to loss of trust in the policemen, which then creates a gap between them and people in the community. According to the early policing principles imported from 19th century England, it is the lack of centralized control which forms a corruption in America when opportunities of bribery were widespread. Police reforms from the 1930s to the 1950s sought to establish professionalism among police forces by introducing military-like command and higher performance standards. Not everyone agrees with this type of procedure when critics see the March 1991 beating of Rodney King by officers of Los Angeles Police Department which used professional policing. From Rodney King beating in 1991 through the O.J. Simpson trial, the rift has widened the threatening racial discrimination. The reasons for the gap are complex and deep. According to the experts, it is based on the nations painful racial history. The current practice of racial profiling, where skin color is a criterion to pull over a driver is ongoing today. For instance, when Reggie Miller, who is Black, had been ordered to pull over by a Nashville police officer for driving with expired tags, had suffered chronic back problems as a result of the beating. It was about 8:40 p.m. when he was shot on his chest and ordered him to lie face down on the ground. Within couple of minutes the officer, who didnt have a chance to identify himself, called for backup. Suddenly Miller found himself as a cushion using his body from five police officers that had surrounded him. Miller also recalls that the officers gouge his eyes and choke him. This 1992 incident of Miller made him suffer a permanent back problem due to the beating and the shot he encountered. Police officers have no right by any  means to harass a person. Otherwise, they are more considered as criminal because of such inhumane acts. In general, brutality is a form of punishment. Police officers are not supposed to punish but are expected to protect and serve. However, they seemed to expose brutality as punishment when they beat up Adolph Archie in March of 1992. Archie was shot by a police officer and the police officer did not even bother to rush him to the hospital. Instead, they waited in the parking lot until they found out that their injured colleague had died. Then the officers took Archie in the hospital while beating him dead. Unfortunately, Archie only breathe for 12 hours and was diagnosed with two skull fractures, a broken larynx, fractures of the cheekbones, bleeding testicles, teeth had been kicked in, and his entire body was exposed to blunt trauma. Brutality is an inhuman or savage form of cruelty. Police officers need not use too much force to stop a sus pect. Police brutality is an important topic to discuss because it deals with the life of a person, the misconduct of some police officers, the burden it caused and the lesson that everyone should get from it. Police officers must realize they were not given their badge to show that they are ones to be afraid of but to keep the peace and order of the community. They have the right to discipline a suspect which will depend on the physical condition of the latter. Police need not use the force if the suspect is already injured because it may only lead to a more tragic situation. In several cases, people died after being restrained by police officers. Police brutality does not cause anything positive. It only leads to racism, disrespect among people, loss of respect and confidence for the police and it makes citizens feel less safe. Not a single act did brutality explicit an advantage to the people. The possible solution to police brutality is to include in their training new techniques in handling suspects and criminals geared towards the demand for public policies that promote social and racial justice. Furthermore, police officers should receive antiracism and diversity training as a part of their education in police academies. Police officers must learn to conduct themselves in multiethnic and multicultural communities. To fund this  solution, everyone must cooperate by respecting the police officers in our community and the law of United States of America. Without the cooperation of everyone, the prevailing widespread of police brutality will continue to grow. The people should give a serious thought of what they are doing in order to avoid violence. Lets just think about the victims of violence and how thousands of people die every year because of brutality. Lets not make one of our families and our next generations become a victim of these humiliating, devastating and inhumane acts of the police. We, as a nation, need concerted effort in protest for all the victims whose lives have been stolen and sacrifice. The goal must be nothing short of creating a just, humane, peaceful and less violent society. If there is no justice, there will be no peace in the United States. The widespread of police brutality has widened all over the world. The nation must join together to eliminate repression, unjust and abusive treatment by the police in order to have a more peaceful and harmonious nation. To terminate police brutality means calling for justice for our brothers and sisters whose lives have been stolen. In addition, this will give time for the government to open their eyes for the families of those who are unjustly locked down behind prison walls. It will allow balance of justice between the government officials and the people regardless of racial status. Our world would be a better place to live in because it lessens violence, death rate, and increases the confidence and harmony between the police and the community. Moreover, the absence of such brutality will terminate arrest and harassment based on racial origin. Bibliography: Activists Protest Against Police Brutality in LA, MAS magazine, (August 16, 2000), 2 pages. Call for a National Day of Protest to Stop Police Brutality, Repression, and the Criminalization of a Generation, http://www.mojo.calyx.net/~refuse/ndp/071400oct22.html, October 22, 2000. DNC Activists Protest Cop Brutality, MAS magazine, (August 16, 2000), 2 pages. NYPDs Bloody Month of August 1999, http://www.mojo.calyx.net/~refuse/ndp/090699ndpnyc.html, September 6, 1999. Anderson, Kelly, Police Brutality, San Diego California, Kelly Anderson, 1995. Bender, David, Policing the Police, San Diego California, David Bender, 1995. Charles, Nick, Criminally Suspect, SIRS, (September 1995), 4 pages. Conroy, John, Unspeakable Act, Ordinary People, New York, Alfred A. Knopf, 2000. Fitzgerald, Terence, Police in Society, New York, Terence Fitzgerald, 2000. Meeks, Kenneth, Driving While Black, New York, Kenneth Meek, 2000. Nelson, Jill, Police Brutality, New York, Jill Nelson, 2000. Roleff, Tamara, Police Brutality, San Diego California, David Bender, 1999. Steinhorn, Leonard, By the Color of our Skin, New York, Leonard Steinhorn, 1999.

The Individual vs. Society in Mrs. Warrens Profession Essay -- Mrs. W

Often in life there is a conflict between what is good for the individual and the moral values placed upon the individual by society.   This is true of the characters in George Bernard Shaw's play Mrs. Warren's Profession.   Shaw clearly demonstrates that actions frowned upon by society are not necessarily evil so long as they benefit the individual.   Ã‚  Ã‚  Ã‚   Perhaps the most obvious example of societal morals conflicting with individual need is the case of Mrs. Kitty Warren.   Mrs. Warren is a woman whose economic standing and lack of any professional skills forced her into becoming a prostitute. Obviously such a profession is against the beliefs of the society that she lives in.   Not only is she not ashamed of her occupation, she is proud of the amount of money that it, as well as managing several houses of prostitution, has made for her. When asked of any shame about her job by her daughter she states, "Well of course dearie, it's only good manners to be ashamed of it: it's expected of a woman." This statement shows that the only reason that one would be ashamed of it is because of society says that one should be.   She feels that the restrictions that society has placed on women has made it impossible for her to pursue any other lifestyle.   She demonstrates this by saying, "It's far better than any other emp loyment open to [women]...   It can't be right, Vivie, that there shouldn't be better opportunities for women."   Shaw is attempting to evoke sympathy for the character of Mrs. Warren by pitting her against a society that is against her.   He is quite obviously in favor of the actions that Mrs. Warren has taken, as demonstrated by the very reasonable rationalization for what she has done and the approving reaction of her daughte... ...in acting as the representative of Shaw's views, is constantly blowing off his attempts at winning her affection.   Finally gives up his attempts when he realizes how her mother earns the money. He states , "I really can' bring myself to touch the old woman's money now."   Vivie is quite glad to be rid of him.   Ã‚  Ã‚  Ã‚   Shaw's opinions on society against the individual are clearly outlined in this play.   Through the actions and words of the character Vivie it can be clearly seen that he finds nothing wrong with breaking the rules placed on people by society, providing that it is for a good reason and not simply for self indulgence.   The conclusion could be drawn that Shaw feels that these morals are fine in a perfect society, but since we do not live in one they must be broken occasionally in order to attain a better life, providing that it is done only in moderation.

Critical Response Paper

The development of political thought was always close-knit with the author’s epoch and regime of governance he lived under; however, in spite of the ethical and technological limitations, associated with the temporal factor, the majority of political scientists sought to build a universalized framework of justice and legitimate state power.John Rawls is distinguished for his positivist, or â€Å"realistic utopian† approach to justice and principles of peaceful coexistence among individuals as well as peace between government and population. However, the proportion of utopianism is much higher in his writings, as compared to the realism ratio, given that he fails to address the challenges, related to diversity and class inequality which are dominating the modern North American society.First of all, it is important to pay attention to Rawls’s dynamic and positivistic model of justice. According to the article, instead of seeking the ideal of justice beyond the exis ting order of affairs, the scholar tries to enable reasonable and gradual improvements of the internal structure and situation: â€Å"We can see this idea through the rather well-worn metaphor of the difference between the efforts needed to fix a boat that is at sea one plank at a time rather than trying to rebuild it from scratch. Generally speaking, it makes more sense to engage the first sort of repair job than a complete rebuild† (Mini-lecture, p.4).Interestingly, the author focuses predominantly on the strong points of the current ideas of justice as articulated both in legal terms and through societal behaviours.However, this task might appear extremely challenging given the focus of diversity in most European and North American policies. Diversity is a delicate issue, since there is a number of conflicts among beliefs, interests and practices, underlying each cultural or social group. Obtaining true impartiality also turns into a difficult task, as the society, which l acks uniformity in certain vital political issues, is likely to encourage its groups to perceive and assess the objective reality from the intragroup value system; as a result, such judgments can seem neither objective nor neutral.According to the article, â€Å"He does not propose a vision of justice that would stretch our character too and tries to build a theory that is responsive to our current conditions† (Mini-lecture, p.5).However, taking into consideration the above provided chain of reasoning, one can assume that the existing disproportion and divergence of political values will inevitably result in the necessity of â€Å"stretching† the philosophies or ideologies of certain minority groups, either religious or cultural. However, for the purpose of maintaining/ establishing social cohesion, this step can be justified, since the vast majority is likely to benefit from it.This excessive pluralism is partially addressed in the reading: â€Å"Bearing this point i n mind, he tries to find a way to build an impartial model for deliberating about principles of justice that everyone can reasonably be expected to endorse despite holding different religious and moral views† (Mini-lecture, p.5).The statement is quite abstractive, whereas the particular scenarios of its realization point to the existence of disparities in core values of each group. For instance, in the United States, there are several large Muslim communities, whose polity greatly resembles the lifestyles of Middle Asian societies. The U.S.-based communities might engage with political activity and unite into a faction, requiring, for instance, the cancellation of women’s right to take certain jobs, and referring to the fact that the existing state-of-art offends their vision of gender morality.Surprisingly, this faction might be supported by other political groups, which also share this view on gender equality – as a result, the society might be torn by the deba te over the true justice. As one can notice, the representation of the core values of liberty might be uneven in our society, so both federal and state legislations necessarily challenge the beliefs of a certain minority.  Furthermore, Rawls’s concept of justice and stability is quite unrealistic, since it provides an abstractive picture, barely imaginable in the current world. According to the political philosophy article, â€Å"His core insight is that a stable and enduring society is one that is also just, that is, where citizens are considered to be free and equal. More importantly, citizens have to be able to see themselves and each other as free and equal† (Mini-lecture, p.6).However, inequality is inescapable, it is often referred to as an engine of social and political development, which motivates individuals to participate in political processes. The true equality, as articulated in the paper, consists in people’s outlooks and convictions, yet the for mation of â€Å"equality beliefs† is normally realized only partly, since there still exist economic, social, regional, gender and age boundaries which make people feel underprivileged or superior.In this sense, Rawls refers to Kant and observes that the greatest political ideas were realized from the personal to the public, i.e. if an individual considers certain pattern ‘fair’, this pattern is likely to appear to be ‘fair’ in the whole society.However, this logic of reasoning fails to take into consideration the fact that the idea of equality was first born in autocratic societies, bearing much higher uniformity within its aristocratic and power circles, as compared to the modern Western world. Given that Rawls himself states that the relevance of political ideas depends on temporal and spatial (regional) factors, so the ideas of liberty and equality, which existed in the ancient world and Enlightenment society, are not fully suitable in the modern North American society.Thus, given that the author implies a positivist approach o the development of political values and proposes that they be formulated â€Å"from within†, Rawls should have also looked closely at specific cases and considered the workability of his perspective in real macrogroup situations.Reference listMini-Lecture. A Brief Introduction to Rawls’s Project, pp.1-10.

Argumentative Essay On Poverty - 825 Words

What does not discriminate against gender or race, and ultimately affects everyone? Poverty. The big bad wolf of an issue. Something we never consider until we dig ourselves into a hole. But what about us as a society, surely something must happen to the body when we are plagued with a disease as such. If someone below the poverty line suffers, can someone thats well above it be suffering as well because of a cause and effect relationship. After reading these New york times articles, as well as thinking a great deal of the idea of poverty in contrast to the mindset of someone who does thanks to the New York Times ive concluded that poverty is something that exists because an infinitum of scenarios, we could say it was the U.S government†¦show more content†¦Though this plague consumes us by bit, we always seem ever vigilent in wanting to fight it. Llike every other challenged we as people have faced. But at this point it may seem that we have been fighting the same fight sin ce hoover. Though we have made huge improvements over time, it may seem that we have lost steam. It may seem that we are on a slow fall to the ground, we are hearing the referee count off 6..7. At this point it may seem that any solution is lost or as effective as pepto to treat a cold. There is one last play, one last hail mary. The only way to kill poverty, is to destroy money, market, and the economy. Even at that theres the question of how will we function? So far in these articles ive read, we always as a people seem to have an idea of how things function or work. We have ideas like the poverty line and the success sequence. These ideas however strong or daunting they may be, are only ideas that are barely grasping the full concepyt of them. Ive learned that we have improved, and that any slight improvement is deemed a great success. But ive noticed that all we have are ideas, ive noticed that however much improvement is we can still be in the negative. 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