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{D} EVALUATE THE EFFECTIVENESS OF THE LEGAL SYSTEM IN ACHIEVING EQUALITY FOR WOMEN IN SOCIETY. As I have already stated, women have come a long way in the fight for equality. With numerous legislation, only some of which I have mentioned above, the legal system of today has been effective in striving to achieve equality for women. Although women and men are still not posed as wholly equal, the role of women over time has most definitely changed. Consider this statement: "The role of women in society has not changed, particularly in the domain of the family. Women are still unequal, under the thumb of men, with the sole burden of child rearing and housekeeping. The legal system has failed to make substantial changes in correcting these inequalities." I wholeheartedly disagree. The role of women in society has indeed changed drastically. Women have gone from being considered as stupid, housebound, child rearing objects for their relevant man to own, to in some instances holding high positions in a traditionally male dominated work environment and having the choice to marry and/or have children. With the advancement of trade unions and lobby groups, anti-discrimination acts, affirmative action in the workplace and equal access to education to say the least, the legal system has obviously addressed the problem of inequality between sexes. Women have come from having very little rights at all, to having the same access to morality as men. Some men would argue that women are not under the thumb of men, in fact in some relationships the situation is on the contrary, and the woman is the dominant force. The above statement declares that a woman still carries the sole burden of child-rearing and housekeeping. In most modern homes, the workload is usually shared between husband and wife when the matter of housework arises. With the occurrence of maternity and paternity leave granted by most workplaces in our society, the so-called 'burden' of child-rearing is shared between parents,...
pages: 5 (words: 1133)
comments: 1
added: 12/08/2011
For many decades, women in Australia have been subject to inequality and unfairness in a wide range of areas in employment. They have been discriminated based on gender, marital status, pregnancy and family responsibility. As well as this, many women have faced the most common form of discrimination based on sex – sexual harassment. In the past years, however, the legal system of Australia has redressed the discrimination which women have faced in society through a number of legislative bodies that women may access. According to the Human Rights and Equal Opportunity Commission, 1989, the definition of sexual harassment is any form of unwelcome sexual advance, request for sexual favours or unwelcome conduct of a sexual nature. This may include unwanted physical contact, sexual advances, sexual comments and crude jokes, offensive body gestures, the display of pornographic material in the workplace, threats of violence, sexual assaults and rape. Many women have been subject to sexual harassment but have been unable to do anything about it, because of the belief that they may be fired or they may not have enough knowledge or English language skills to file a complaint. Another very common form of discrimination of women in employment is not limited to sexual harassment, but extended to behaviour which is discriminatory in terms of gender in that the discrimination which had occurred is based on the social construction of gender roles and definitions of appropriate behaviour in society. Women who worked in areas which were predominantly male, or held positions of authority in the work place were discriminated against because the positions they held were not harmonious with traditional beliefs about gender roles. In most cases where this has happened, women have been reluctant to complain about sex discrimination in their workplace because of the fear that they may lose their...
pages: 6 (words: 1615)
comments: 0
added: 01/01/2012
On November 10, 2001 the world ultimately granted China membership into coveted trade organization, the WTO. Not since Deng Xiaoping's economic reforms of 1978 has China made such a giant leap toward the creation of a market economy. The World Trade Organization (WTO) finally opened its door on Saturday to China, the world's most populous ?C and one of the most robust ?C economy, sending a positive signal to the world economy loitering on the brink of a full-blown recession?(Xinhua, Financial Times) With the completion this fifteen year negotiation, China will now be forced to abide by international trade regulations so as to completely open its doors with ten years. WTO membership will provide countless economic benefits to China's burgeoning economy but the initial adjust period will certainly cause massive unemployment and possible political unrest. With economists projecting that if current growth rates continue the Chinese economy will surpass Japan, China is on the brink of dominating the Asian economy. Although there are many circumstances that may derail this progress, the Chinese now have the tools necessary to develop the powerhouse economists have been citing for the past decade. China's entry into the WTO was particularly slow (fifteen years of negotiating) for a variety of disparities; from trade barriers to individual market reforms. During negotiations the American delegation was particularly stringent on removing China's tariff and non-tariff barriers to trade. For instance, so as to protect China's infant car industry, the government established a one hundred percent import duty on all foreign automobiles. Non-tariff barriers such as quotas and licensing also made business difficult for foreign companies. To purchase foreign appliances Chinese citizens were often forced to purchase a license to have the unit installed. These anti-competitive devices needed to be abolished so as to comply with the spirit of fair competition...
pages: 7 (words: 1804)
comments: 3
added: 03/16/2011
No matter what point in time, whether it be the first days of man's existence or the present day, conflict and dispute has always existed between fellow man. Throughout time, improvements have been made in the methods of settling their disputes. Medieval Icelandic society exemplifies some of the various methods that have been used to settle conflicts through its unique legal system. Depending on the situation and those involved, the settlements ranged from savage blood feuds to ordered sentences of compensation or outlawry by members of an ordered assembly called The Althing. There are many examples of these conflicts incorporated into the three Viking sagas: The Tale of Thorstein Staff-Struck, The Saga of Hrafnkel Frey's Godi, and The Saga of the People of Laxardal. Surprisingly, medieval Iceland contained a well-organized legal system. This was comprised of a decentralized self-government including free farmers with positions of chieftains, thingmen, and their slaves. Early Iceland was divided into several districts, each containing three chieftains. The Althing, a general assembly that was held every year, contained people of every district and every position and discussed various cases, their settlements, laws, legal codes, etc. Disputes that were settled legally followed certain guidelines and rules that were determined at The Althing. A previously and well prepared case was presented in front of the general assembly, composed of chieftains and thingmen, by an individual chosen to defend the accused and one to prosecute the accused. Basically, each side had to give reasons and provide witnesses to convince the jury to punish or request compensation from the accused, or to dismiss the entire case. The court then made a ruling and decided a sentence or amount of compensation. In Hrafnkel, Sam presents a case against Hrafnkel in front of The Althing to avenge his cousin Einar's killing. Sam presents his...
pages: 6 (words: 1650)
comments: 0
added: 01/19/2012
"After reading Twelve Angry Men we feel confident in the American legal system." Do you agree with this statement? In your response discuss how the playwright positions us to think about the jury system. Reginald Rose's cynical examination of the legal system in Twelve Angry Men by no means leaves the audience with any feelings of confidence in its procedures. Regardless of whether each member of the educated audience (such as befits the medium) has his/her's own opinions of the judicial system of democratic countries, the playwright moulds a seemingly uncomplicated situation through the dramatic elements of dialogue and language, set and character to entice a response shattering any preconceived faith in the judgement of right and wrong. Rose's use of setting serves a dual purpose of practicality and symbolism in developing his theme of the ambiguity inherent in America's legal system. The static environment of a jury room simplifies the presentation of the material but most importantly limits the focus of the play to the characters and their relationship to the assumptions we have in achieving justice. Not only are assumptions questioned but also our values. The "drab, bare room" with few comforts (only old props), to the jurors even during hot days reveals how little value is placed in the role and power of the juror. This in itself decreases the value of the legal system. The power of the system, symbolises by the jury room, is subject to human value. All the power of the judicial system culminates in the hands of twelve ordinary people, who we can only trust to be fair and serious. It is through the dialogue and language that the composer attempts to evoke a negative response. The fast paced conversational language of the jurors, interspersed with light banter, highlights naiveté of the jurors. Rose then...
pages: 2 (words: 440)
comments: 0
added: 01/17/2012
Aristophanes is a comedy writer, whose surviving plays are dated from 425-388 BCE. The Wasps is his 4th surviving play, which is a satirical comedy, attacking the Athenian jury system and law courts. As a playwright at this time Aristophanes would have been a Greek citizen with high status and good education, but with a lot of money to be able to stage these plays. Aristophanes would have been writing, aiming specifically at his audience. Although anyone in Athens could come to see the plays they would all know about the law system, and the contemporary issues and events. However, many people today watch, and read, Aristophanes' plays, including The Wasps and still enjoy them. These people realise it was written for a different culture of people, yet they still understand and enjoy he plays, and find humour in them. Aristophanes is a satirical writer. The Encarta World Dictionary defines this as "the use of wit, especially irony, sarcasm, and ridicule, to attack the vices and follies of humankind." In the Wasps Aristophanes is attacking the jury system of Athens, but he also includes jokes directed at contemporary figures and events. These jokes would have no meaning to anyone unfamiliar with the time the play was written. An example of this is in Xanthias' dream, he sees an eagle turn into Cleonymus and drop a snake which turned into a shield. This is a reference to the rumours about Cleonymus, and the fact that he dropped his shield in battle, to run away in cowardice. Anyone who didn't know this story wouldn't know why Sosias broke into his tale saying, "Don't tell me - the snake turned into a shield and he dropped it!" Yet, once again, modern audiences can guess that this is a reference to Cleonymus being a known coward. Although the jokes would not have the instant affect they would on the first audience, modern people would understand the jokes. The Wasps is a political satire,...
pages: 4 (words: 888)
comments: 32
added: 02/04/2012
There are plenty of reasons why to withhold the information from the public, but the challenge of a progressive authority should whenever possible to act with a transparency and honesty. The main reason to withhold information is the fear from criticism and attack. While a vague political statement might leaves everybody satisfied a lucid plan would always cause disagreement and debate. Another reason could be to cover mistakes and corruption: he who does not know does not bother. And finally there is the fear from commitment, if you are a local chief and you show a plan to reduce the crime rate in 30% within a year. If you wont follow the plan you would lose your credibility. Although all the above is true a modern authority shared the information with the public. A progressive society would not be satisfied with vague information on one hand and would demand debating and take part in the decision process. To create a confident relation with the public a honesty is required. The dialogue between the authority and the public through the media would finally create better decision that would be accept with greater alacrity than a decision taking without debate. The challenge is to create a system that support sharing information to their advantage. Finally I would like to add that the challenge is also for the media and the legal system. The media should disclose the array of ideas in an objective manner and avoid from being a stage for demagogy. The legal system should be efficient to avoid long delay in the execution process. Is the public ready? Are the media and the legal system ready? I believe that at the end they would. --...
pages: 2 (words: 285)
comments: 1
added: 01/27/2012
The insanity defence was bought into action in 1843 to protect those suffering from a mental illness/disease at the time of committing a crime, however society's growing indignant attitude towards these offenders is both destructive and detrimental to the reputation of the Queensland Legal System. The insanity defence is misconstrued by the general public, and viewed as a weak argument-an easy way to get "off" criminal charges, this is not so. Section 27 of the Queensland Criminal Code 1899 (see appendix) clearly states that an offender is not criminally responsible for his/her acts if at the time they were lacking capacity to understand due to mental illness. Although how is the contrary proven? Without specific guidelines stating what is/isn't a mental illness, without psychological and legal forces joining together to create a comprehensive addition to the current code, the insanity defence remains a grey area for all involved. Therefore the lack of uniformity leaves it open for exploitation and misuse, this view often represented by the media and thus by the general public, who in turn sit on the jury and decide the fate of mentally ill offenders. The Queensland Legal System needs to standardise S26/27 of the criminal code act regarding what is and isn't a mental illness and should consequently be covered by the code, before any more damage is done to the reputation of this very important and necessary contention. Is the insanity defence being abused in the Queensland Legal System? The insanity defence was first utilized R v M'Naughten (1843, England). Daniel M'Naughten suffered paranoia and believe the Prime Minister at the time was part of a plot to persecute and kill him. M'Naughten then killed the Prime Ministers secretary, believing it to be him, and pleaded insanity at the trial. At the trial it was said, "he...
pages: 7 (words: 1895)
comments: 0
added: 01/04/2012
According to the Pocket Oxford Dictionary (Turner 1984), law is the: - rule established among a community and enjoining or prohibiting certain action (and) the system made up of these rules, its controlling power, the order produced by it, its administration, . . . the courts administering it . . . Historical Context of Australian Law •Significance of 1788 European settlement in Aust •Nature of English legal system then •Supremacy of legislation by parliament –NB parl franchise limited until 1867 (men) and 1921(women) •Judge made and interpreted law influential •Equity a separate system to correct defects Evolution of Australian legal system •Clash of perceptions •English written & formal legal system •Settled habits-individual property rights •Indigenous people-nomadic, group oriented, oral culture& evolved custom based legal system •Perceived as terra nullius with dispossessionary consequences. Achievement of independent legal system •Statute not adopted in Aust until 1942 •Retrospective to 3 Sept 1939 •State's formal subservience to UK unchanged –Appeals from state Supreme courts to HC &or Privy Council •Coordinated acts requesting and adopting request of cutting all final constitutional links •Australia Acts in effect 3 May 1986 5 pm GMT Mabo v Queensland (No 2) (1991) 175 CLR 1 •The unfinished business in evolution of Aust legal system •Rejected terra nullius •Used relevant colonial precedents •Endorsed acquired-not diffused sovereignty –Ie sovereignty acquiredextinguished by laws & acts –Left a basis for native title where continuing connection with land could be established System of the government: Federal Government State Government (Local Government) 3 Arms of the Government: Legislative Arm: Consists of the parliament and its members. It is the body responsible for making the law Executive Arm: Puts into affect the laws made by the legislative arm. Despite this, however, the executive is also one of the main bodies granted the power to pass delegated legislation. Judicial Arm: The judiciary is responsible for the enforcement of the law made y the other two arms. Judiciary meaning courts. Sources of Law: Common Law and the courts Although the primary responsibility of the courts was to...
pages: 3 (words: 710)
comments: 1
added: 02/18/2012
Legal Studies Basic Legal Notions Definitions: • Anarchy- a state of society WITHOUT government or law (LAWLESNESS) • Custom- a type of behaviour that has emerged OVERTIME & that is followed by a group by MUTUAL CONSENT. Traditions. • Fairness- PROPER BEHAVIOUR (conduct) in the performance of an act or duty. • Rules- controlling COMMANDS which have authority of a superior power. Guidelines. • Equality- everybody being treated the SAME. • Justice- a concept about what is RIGHT & WRONG and what is FAIR & UNFAIR. • Values- principles or ATTITUDES which we see as important. Beliefs. • Ethics- a set of MORAL BELIEFS governing behaviour. • Tort- a CIVIL WRONG where one person unreasonably interferes with the rights of another. • Duty- something a person is REQUIRED to do or stop doing. • Right- something to which a person is ENTITLED. • Public law- law affecting ENTIRE community about disputes between the state & private individuals; & law about law-making powers of governments. • Civil law- laws are regulating the behaviour of individuals- form of private law. • Common law- CASE LAW developed in common court case law or JUDGE-MADE law. • Culture- knowledge & ways of THINKING & BEHAVING that give a group its distinctive way of life. • Domestic law- the law of a country- applies within a nation/states' borders. • High court- the ultimate court of appeal. • Burden of proof- responsibility of the party who must prove a case in court. In a civil case this party is the PLAINTIFF. In a criminal case it's the PROSECUTION. • Alternative dispute resolution- methods of resolving disputes which do not rely on the court system. • Appellate jurisdiction- a court's power to hear matters which have been heard before at a court lower in the judicial hierarchy but appealed to the court with the appellate jurisdiction. • Constitutional convention- a meeting of people elected from across Australia to discuss matters...
pages: 11 (words: 2913)
comments: 1
added: 12/25/2011
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