Thursday, October 31, 2019

The 1980s Crisis Essay Example | Topics and Well Written Essays - 2000 words

The 1980s Crisis - Essay Example This was caused by excessive and continous borrowings even at a negative interest rates and rising commodities which was aggravated by the the Organizationof Petroleum Exporting Countries (OPEC) decision to raise the price of fuel which drove the interest rate of repayment and made the Latin American countries, particularly Mexico unable to service its loans (Buerkle, 2007). II. Background In the 1960s and 1970s, Latin American countries likeArgentina, Brazil and Mexico was experiencing tremendous growth in their respective economies (Swan, 1992). They capitalized on this growth by embarking on an industrialization program and borrowed heavily from foreign creditors to finance their industrialization program particularly their infrastructure projects. Given the performance and the prospect of the economies of these Latin American countries, foreign creditors granted them loans. These loans continued that in the span of seven years (1975 to 1982) of continuous loans, it had a cumulati ve annual rate of 20.4 percent. This translated to the contiunous accumulation of debts. Latin American country’s loans which was only $75 in 1975 rose to a staggering amount of more than $315 in 1983. These loans already amounted half of the region’s GDP or Gross Domestic Product. As a consequence, debt payment, both on the principal and the interest, increased rapidly that it amounted to $66 billion in 1982 when debt service was only $12 billion back in 1975. The Oil Crisis When the Organizationof Petroleum Exporting Countries (OPEC) initiated in October of 1973 the increase of the world price of oil to as much as much as five times and backed by a selective embargo which was directed against the industrialized countries, Latin America and developing countries took the hit because of their vulnerability to external shocks (Street, 1978). Of the 19 countries that has to import oil, they have to pay OPEC’s increased price by an additional amount of $4.8 billion more in 1975 and added $5.2 billion in 1975 (Robichek, 1975:1). To make the matter worst, Latin American countries’ trade fell as a result of the global recession that was aggravated by the OPEC’s decision to increase the price of oil. As a result, the demand for Latin America’s primary products decreased while production cost increased because the price of imported materials from industrial nations also increased due to the increase of price in oil. This resulted to the region’s â€Å"deterioration of balance of payments current accounts of $2.5 billion above their expanded oil import costs in 1974, and of $2.9 billion in 1975† (Robichek, 1975:1). The Effect of the Oil Crisis OPEC’s decision to increase the price of oil contributed to the recession of the US economy in 1974 to 1975. This decreased the demand for loans in the domestic economy. These loans however was availed by Latin American countries which had a tremendous appetite for for eign loans (Hawkins And Maese, 1986). The global economy also slid into recession after the OPEC’s decision to increase its price in oil. The crisis that OPEC precipitated was however unusual as it transmitted even to countries that did not experience the â€Å"stagflation† of matured economies such as United States and Europe. â€Å"Until 1970, 15 Latin American countries enjoyed relative stability in the cost of living, and only 4 experienced price level increases in excess of 15 percent per year† (Inter-American Development Bank, 1977:6). Brazil which had always managed to decreased its inflation rate in the 1960s experienced an increase of 13% inflation in 1973 which increased further in 1976 to as much as 42% (International Financial Statistics, 1977:53). Its annual growth of over 10% from 1968 to 1974 fell dramatically to only 4.2% in 1975.

Monday, October 28, 2019

Domains Of Culture Essay Example for Free

Domains Of Culture Essay 1. When you think about the origins of Religion and Spirituality in American culture, a lot of different ideas, stories or parables come to mind. But one question is hardly ever asked or even thought of. Does American culture have a religion? More to the point, is there a religion that can solely be sourced to origins on American soil? The answer is yes. Both Mormonism and Scientology have roots deeply planted in American culture. However, around 25,000 Americans practice Scientology and an estimated 6. 1 Million Americans practice Mormonism. That makes up 1.8% of Americans, in addition to that most Americans dont recognize Scientology as a real religion and Mormonism falls under the Christianity branch of belief. So what ideas are truly native the country. I believe you must add Native American Spirituality to this argument as a source of religion truly sourced and founded in America as it is still practiced by a vast majority of living Native Americans. But in order to get to that we must first talk about the origins of Christianity as it stands with Americans today. 2. As it is true that Christianity is the most prevalent religion in America, It is also true that Christianity was brought to this soil with the first settlers. In England you had two choices for worship, The Roman Catholic Church and The Church of England. Both Christian churches, and theses settlers knew nothing but that so it comes to no surprise that those are the two major influences on American religion and spirituality. It should also be noted that those settlers wanted to distance themselves from Englands brand of religion so badly that the First Amendment of the Constitution explicitly lays out the separation of Church and State1. Christianity then splintered off into the various denominations that we have today, yet all of those styles still have the same foundation that can be traced back to Rome or England. Native Americans on the other hand dont have those same beliefs. While Christianity focuses on a One true Higher Power, Native Americans look more to selection of Spi ritual figures known as Deities. 3. Native American culture focuses more on the Earth, Weather, Sky and Sprits who manifest physical form as Deities. Depending on the culture these beings can be attributed to almost everything that is possible or could be possible. In most Native American Cultures there is  always one deity that creates man but, they are not always benevolent. The Abenaki and the Algonquian tribes believe that life was created out wood, stone and other earthly elements by Tabaldak so that the earth could be full. If you follow the Navajo the Earth itself was created by AsdzÄ…Ì Ã„…Ì  Nà ¡dleehà ©, she was also responsible for the stars and sky2. So who is right and who is wrong? No one can say. Most of these deities are created in myths and stories passed down from generation to generation. But the message is the same across the tribes, Give thanks for what we have for it is not always promised. Now that we have an idea as how Native American Culture sees religion, lets see if matches up with how American Culture sees it. 4. In Conclusion, we have seen how the most prevalent form of spirituality in American in not was actually brought in from England. That religion lays out the idea of a Supreme God who commands from Heaven and is omnipotent. While the Native American Culture has its religious and spiritual roots found on American soil. They champion multiple deities who are responsible everything from creation to the basic things like food and water. The one thing they both have in common is you are expected to be a good wholesome person or you will be judged for you actions. In the afterlife for the Christians or when you just so happen to come across whatever deity you have offended with the Native American Culture. So no matter what you happen to believe in remember to be a good person and be ready to be responsible for your actions. 1 United States History website, http://www.u-s-history.com/pages/h3787.html 2 Wheelwright, Mary C. (2008) [1942]. Navajo Creation Myth: The Story of the Emergence. Forgotten Books. p.17

Saturday, October 26, 2019

English Copyright Law

English Copyright Law English copyright law does not protect ‘ideas but the ways in which these ideas are expressed. This was established in Harman Pictures NV v Osborne (1967) and recently affirmed in the case involving the Da Vinci Code novel, Baigent and Leigh v The Random House Group (2006).Where the work has been literally reproduced there can be no question of copying. However, difficulty arises where use is made of subtle aspects of style, commonly referred to as ‘non textual copying. The impact that copyright law has had on the computer industry and internet use has also led to much discussion about the effectiveness of the law in this dynamic and ever changing area. The courts, who see the matter as being one of degree, continue to adopt a narrow perspective on what constitutes infringement of copyright. The Copyright Designs and Patents Act 1988 aims to protect work in the following categories: literary, musical, dramatic, typographical arrangement and artistic. The Copyright Computer Program Regulations 1992 included computer programs within the list of literary works along with books and song lyrics. The protection afforded by the Act includes prohibition against any work in the above categories being copied, adapted or distorted without the consent of the copyright owner. Based on s16 of the CDPA 1998 the court has formulated the following test to establish whether there has been an infringement of copyright. Firstly, the work for which copyright protection is being claimed must be clearly identified and established as original. Secondly there must be evidence that this original work has been copied. Thirdly, if the work has been copied, then the courts must decide whether a substantial part of the work has been reproduced. This test was outlined by Jacob J In Ibcos Computers Ltd v Barclays Mercantile Highland Finance Ltd (1994). The defendant created a computer accounting package and licensed it to the claimant. Together, they later marketed the package as (ADS) under the company name PK Ltd where the defendant was the sole employee and Managing Director. The defendant then left the company and joined a competitor as a consultant. There he wrote a programme called ‘Unicorn designed to compete with (ADS). Later the Claimants claimed the Unicorn was developed from (ADS) and therefore infringed their copyright. The court held that (ADS) was a compilation and that copyright existed in the individual programs, their various modifications as well as the whole suite. On comparing Unicorn and (ADS) there appeared to be overwhelming evidence of copying. The latter was an enhancement of the former and not an independent creation. In the absence of independent evidence similarities were due to copying as opposed to the defendants individual programming style. The striking similarities in the interaction of individual components in both packages caused the court to conclude that the ‘substantial part arm of the copyright infringement test had been satisfied. The copyright in the whole (ADS) package as well as the individual copyrights had been infringed. In arriving at his decision, Jacob J provided some guidance on general and detailed ideas rejecting the analysis in the earlier case of John Richardson Computers v Flanders (1993) where the American model for assessing infringement was adopted. He held that this was an incorrect approach which would lead to unnecessary complications. ‘For myself I do not find the route of going via United States case law particularly helpful. It is likely to lead to [the] over citation of United States authority based on a statute different from ours. In the end the matter must be left to the value judgment of the court He dissented from the view held by Judge Baker in Total Information Processing Systems Ltd v Daman Ltd (1992) and was of the opinion that the table of contents of a novel could be compared to the data division component of a computer programme. They could both be integral to the success of the work and sufficient to constitute a detailed idea. They could also constitute a substantial part of the work depending on the skill labour and judgement involved their compilation. In deciding whether a substantial part of a work has been copied one must look at the words of a novel and source code of a computer program as well as other factors such as, the plot of a novel and general structure of a computer programme. He held, ‘I therefore think it right to have regard in this case not only toà ¢Ã¢â€š ¬Ã‚ ¦literal similarities but also to à ¢Ã¢â€š ¬Ã‚ ¦ program structure and design features Later on in his judgment he questioned whether copyright subsisted in the ‘design features of the programme as highlighted by the plaintiff. In any event he was of the opinion that even if they could be afforded copyright protection the ideas were not detailed enough to form a substantial part of the work. ‘We are here at a level of generality where there is little of the programmers skill, labour and judgment. Even if the set were copyright, the mere taking of those functions would not be an infringement-it would be the taking of a mere general idea or scheme In relation to the contention that if there is only one way of expressing an idea that way cannot be subject to copyright, Jacob J held that this was an error and copyright could still exist. Again dissenting from the opinion of Judge Baker in Total he submitted that Kenrick v Lawrence (1890) was not authority for this proposition. In the Kenrick case the issue was whether copyright existed in the picture of a hand showing voters how to vote. He held that this was an idea and the decision in this case is authority only for the proposition that there is no copyright in an idea as a different picture displaying the same idea would not constitute infringement. Speaking directly about general and detailed ideas, Jacob J asserted that in relation to all work, ‘The true position is that where an idea is sufficiently general, then even if an original work embodies it, the mere taking of that idea will not infringe. But if the idea is detailed, then there may be infringement. It is a question of degree It is therefore important to assess how the courts have set out to separate the expression of the idea in detail from the general idea itself. It seems that in the former, attention is given to finer details of the work. In the final analysis, a balancing act must be performed to protect the author of the idea and encourage literary and technological innovation. Over the past decade there have been many cases involving the protection of computer source and object codes much like an author would seek to protect the words of a book. In John Richardson Computers v Flanders the courts extended the concept of an idea to include user interfaces stating that the way a program is used and responds to a user should also be copyrighted. Here the plaintiffs claimed that the defendants had copied the ‘look and feel of their computer software developed for the pharmaceutical industry. However as computer use became more widespread courts had to reconsider copyrighting ‘look and feel or ‘business logic of programs. This was highlighted in the case of Navitaire Inc v Easyjet Airline Co Ltd (2004) where Navitaire claimed that Easyjet online ticketless booking system eRes was a copy of their original programme, Openres. Navitaire owned the copyright in the source code for the computer programme and did not allege at any time during the case that this was copied. The allegation centred on the fact that eRes was almost indistinguishable from OpenRes in relation to the ‘user interface or interaction between user and programme. The Plaintiffs alleged non textual copying in relation to the ‘look and feel of running OpenRes, user commands to achieve particular results and screen reports in response to user instructions. Copying was alleged of the whole of OpenRes or the various modules that make up the system. What was further considered in this case was whether there could be an infringement where two computer programs produce the same results but the author of the latter had no information of the former apart from the end function. In this scenario the question arises as to whether the general idea alone has been copied or something more detailed. No infringement was found in Navitaire and it was held that to side with the plaintiffs in this case would be â€Å"an unjustifiable extension of copyright protection†. Simon Stokes in The development of UK software copyright law notes, ‘In light of Navitaire, the chances of a successful software copyright look and feel case appear limited unless there is a clear misappropriation of a copyright workà ¢Ã¢â€š ¬Ã‚ ¦ or underlying source code. In Nova Productions Ltd v Mazooma Games Ltd (2006) the restrictive approach in Navitaire was reaffirmed. Here the defendant produced a computer programme based on the game of pool that was similar to that of the plaintiff although he had no access to the original source codes. Again the plaintiff here alleged that although the computer programme language or sources were not copied, the user interface or ‘look and feel of the programme was. It was held that parts of the computer programme copied were of a â€Å"high level of generality or abstraction†, common in the industry and did not form a substantial part of the program itself. The court agreed with the Navitaire judgement and stated, â€Å"merely making a programme which will emulate another but which in no way involves copying the programme code or any of the programs graphics is legitimate† The present state of the law is that copying the end result of a computer programme in itself does not constitute infringing its copyright. In both Navitaire and Nova, the court included in its judgement the provisions of the Software Directive recitals 13-15. The Directive provides that, the expression of a computer program is protected but ideas and principles which underlie any element of a program or its interfaces are not. Many believe that spells bad news for creators and brand owners. In the European Intellectual Property Review, Peter Nunn states, ‘As the law currently stands, non-textual copying claims in the software field appear doomed: ideas and user interfaces can seemingly be freely copied It would be useful to consider the courts approach in other cases regarding protected work. In the case of Green v Broadcasting Corporation of New Zealand [1989] the issue of general and detailed ideas were also discussed in relation to a television broadcast. Here the British presenter Hughie Green sought to sue a New Zealand television station for copyright infringement of the format of his game show, Opportunity Knocks. The English Privy Council however rejected this attempt to claim that the format was a dramatic work, asserting that there was no copyright in an idea and the format as presented was ‘conspicuously lacking in certainty. This has led to difficulties in the television industry in relation to protecting various unscripted game show formats however unique and original they might be. Lord Bridge stated that there was, â€Å"difficulty [in] the concept that a number of allegedly distinctive features of a television series can be isolated from the changing material presented in each separate performance (the acts of the performers in the talent show, the question and answers in the quiz show etc.) and identified as an â€Å"original dramatic work† In the more recent case of Miles v ITV Network (2004) again involving television format rights it does not appear that English copyright law has moved any further forward. The claimant James Miles supplied ITV with promotional material for a cartoon programme where the main characters were a traffic light and traffic furniture. Later, ITV launched a programme called Dream Street where a recovery truck was the main character. Although Mr Miles conceded that the look and feel of the two programmes were very different, there were similarities between the characters and the presence of traffic equipment. However, the creator of Dream Street produced evidence to show that his work had been in existence before Mr Miles sent his material to ITV. The appeal was dismissed on the basis that the only similarity between he two programmes being the use of traffic equipment meant that the claim was ‘hopelessly weak Mr Justice Laddie in IPC Media Ltd v Highbury-SPL Publishing Ltd [2004] drew on the Green case in his ruling on whether IPCs Ideal Home Magazines design, subject matter and presentational style had been copied. Perhaps it is the presentation of its case in this manner that caused the judge to conclude that what they were trying to protect was the general idea behind the magazine as opposed to the expression in the idea evidenced by the detail, in content cover and articles. Justice Laddie quoted from the Green Judgement as follows: ‘The protection which copyright gives, creates a monopoly and there must be certainty in the subject matter of such monopoly in order to avoid injustice to the rest of the world: The issue here is of course as with television programmes magazine formats remain skeletal as to allow a dimension of spontaneity and creativity within the series. It is therefore difficult to pinpoint a detailed format and attach a copyright to it if details change monthly or even weekly. Justice Laddie concluded that the design techniques used by IPC were common in the industry and could have been applied by anyone designing a home magazine. Because the nature of a magazines cover and contents is to keep the buyer interested by constantly changing various features, it was difficult for IPC to state clearly what had been copied. No infringement was held to have taken place and again the English courts refused to extend copyright protection to general ideas. Justice Laddie concluded, â€Å"à ¢Ã¢â€š ¬Ã‚ ¦even if, contrary to my findings, Highbury had been â€Å"inspired† in some of its design choices by what it saw in IDEAL HOME, it would have been at far too high a level of generality to amount to infringement of copyright.† The plaintiffs in IPC struggled to prove their case for copyright protection and may have succeeded if they had alleged ‘passing off as their focus seemed to be on a visual comparison of the two magazines. This matter was addressed in Designer Guild Limited v. Russell Williams (Textiles) Limited (Trading As Washington Dc) [2000] and referred to in the IPC judgement as well as other subsequent cases. Here both parties were designers of wallpapers and fabrics. The plaintiffs alleged infringement of one of their designs. The trial judge found that the defendants had access to the original work and had copied a substantial part of it. The defendants appealed to the Court of Appeal who after making a visual comparison held that the two designs were not sufficiently similar and highlighted a number of differences. The Court of Appeal held that although there was some copying this did not form a substantial part of the work and therefore allowed the appeal. The claimants then appealed to the House of Lords who agreed with the initial trial judges decision that the copied features formed a substantial part of the plaintiffs work. Lord Millet commented that the judge who found for the defendants in the Court of Appeal erred in his approach as he treated what was a copyright case as though the claim was one for ‘passing off. If passing off had been alleged, it would have been sufficient for the court to have used visual similarities as a main point of comparison as here the charge would have been the defendants taking the plaintiffs goods and trying to ‘pass them off as their own. Where there is insufficient similarity on a visual inspection the action will fail. In the case of copyright however, the preoccupation is not with the appearance of the defendants work but with its origin. In the area of film, the extent of protection offered by copyright law has also been discussed in Christoffer v Poseidon Film Distributors Ltd [1999]. Here the court had to decide amongst other matters whether Mr Chistoffers copyright in the film script of the story of the Cyclops based on Book IX of Homers Odyssey had been infringed by the film production company Poseidon. On the basis that there was evidence of direct copying and adaptation of the Cyclops script in which Mr Christoffer held the copyright, infringement was found on the part of Poseidon. Justice Parks highlighted that words in the final script do not have to be identical in order for there to be sufficient evidence of copying. ‘In the context of a literary work the concept of copying embraces taking the content of the work, or of a substantial part of it, and reproducing it, whether or not the alleged infringer reproduces the content by using the original authors words or by using his own words In relation to books, protecting the expression of ideas was discussed in Harman Pictures v Osborne (1967) where an injunction was granted to restrain the production of a film on the grounds that it infringed the copyright in the claimants book as phrases and expressions were directly copied and they both ended with exactly the same quotation. Baigent and Leigh v The Random House Group (2007) is the most recent case in which the court have had to decide on the issue of copyright in books and whether a substantial part of a work had been reproduced. The claimants were publishers of a 1992 book, the Holy Blood and the Holy Grail and the defendants the publishers of Dan Browns 2003 novel entitled Da Vinci Code. Baigent and Leigh contended that in writing six chapters of Da Vinci Code a substantial part of their work had been copied. The claim was dismissed at trial however the claimant were granted leave to appeal to the Court of Appeal. Mr Justice Smith who heard the case in the first instance agreed that the six chapters highlighted were based largely on the claimants work but still went on to reject the copyright claim. Lord Justice Floyd in the appeal judgement reiterated how the courts would assess a claim for breach of copyright in a literary work. Firstly if there was material in both an early and later work and the author of the later had access to the former, an inference of copying is made. The court would then look closely at the material to establish if there was in fact any copying and whether this amounted to a substantial part. Baigent and Leigh did not contend that the text of their work was copied directly or that it was in some way adapted. The claim was that Dan Brown had copied the ‘theme of their work in his novel. The courts therefore had to decide whether the theme was protected by copyright bearing in mind the established law that copyright does not subsist in ideas but the expression of these ideas. Dan Brown did not deny that there was a similarity in theme between the two works but contended that he derived this material from other sources. Dan Brown also argued that if the claimants work had been used, the part copied was at a high level of generality and for this same reason could not be said to constitute a substantial part of the claimants work. The judge concluded that a central theme did not exist in the original work as if it did, it would have been recorded somewhere. â€Å"If it was one would have expected at least to find somewhere a statement that this is the Central Theme. This is where the Green case [Green v Broadcasting Corporation of New Zealand [1989] RPC 700] is relevant.† He went on to conclude that if there was such a theme it was too generalised and therefore on the wrong side of the line between ideas and their expression. The judge held that the claimants failed to show structure and architecture to their scheme which remained a number of facts, ideas and assertions. This being the case, there is insufficient evidence of the skill labour and judgement needed in order to attach copyright to it. On appeal, Lord Mummery agreed with the courts decision and dismissed the appeal after clarifying the need to separate issues of copyright subsistence and infringement. The issue was not whether what was outlined by the Claimant as a central theme was copyrightable but whether it had been copied and whether it formed as a substantial part of the original work. It is in relation to these two points that the judges found the claimants had failed to establish their case. The above cases highlight the complexities faced by claimant, defendant and judge in protecting copyright in any given work. The efforts expounded in the original work and the need to encourage creativity are both in fierce competition with each other. Simon Stokes seems to suggest the reason for this balancing act is because, ‘à ¢Ã¢â€š ¬Ã‚ ¦go too far one way and innovation is stifled because the public domain of ideas is encroached upon; go too far the other way and copyright creators may be disinclined to create copyright works if the law does not adequately protect their works Non textual copying where there is no clear evidence of a direct reproduction of the work will continue to be difficult to prove for so long as it is the expression of the idea that attracts copyright and not the idea itself. In relation to magazine and TV industries, the IPC case indicates that it would be extremely difficult to succeed in a copyright claim where there are changing formats envisaged. Peter Nunn States, Laddie J. found that so many elements of the â€Å"format† which the claimants sought to protect were commonplace, including the strapline on the front coverà ¢Ã¢â€š ¬Ã‚ ¦that he arguably shut the door on future claims to protect a magazines format It would be fair to say especially on analysing the Baigent judgement that the ideaexpression dichotomy works on two levels, both in relation to copyright subsistence and also to its infringement. In relation to subsistence the courts continue to assert that there can be no copyright in a general idea as was the case in Green and IPC. In relation to copyright infringement, Baignet shows that taking a general idea in a copyright work will not constitute infringement. The balance to be struck by the court appears to be a ‘work in itself as the facts of each case must be carefully examined as what may appear to be an expression is only an idea due to its generality, the fact that it could have been obtained from a number of other sources or it is common practice in a particular industry. What follows in establishing infringement is the concept of substantiality which the courts assess by weighing the amount of skill and judgement applied to the original work. Perhaps Chen Lin Saw rightly observes in Protecting the Sound of Silence in 433†, ‘While the idea-expression dichotomy is well established in copyright law and is easy to state in theory, its actual application in practice is still masked by a cloud of mystery and uncertainty

Thursday, October 24, 2019

Coal :: Coal Environment Economy Economics Essays

Coal Coal, a product of decay from plants older than 350 million years, is an integral part of energy production in the United States. Coal provides 56.9% of electricity generation in the United States.[1] With many different types of coal found in different states, the U.S. remains second to Russia in the number of estimated worldwide coal reserves.[2] Between the years of 1885-1950, coal was the most important fuel. One half ton of coal produced as much energy as two tons of wood and at half the cost.[3] Even today, there is, on a Btu basis, about one hundred times as much energy in the coal reserves of the United States as there is in either the oil or natural gas reserves.[4] But coal is also a rather variable energy substance as the different ranks, or measure of degree of change from the peat stage, affects the heating value and sulfur content of the coal. From low rank to high rank, the different types of coal are ordered as follows: lignite, subbituminous, bituminous, and anthracite. Low rank coal tends to have a smoky flame and easy ignition whereas high rank coal is known for its clean flame and difficult ignition.[5] All of these types of coals can be found in three major United States regions known as The Appalachian Basin, The Illinois Basin, and the northern Great Plains and Rocky Mountain region.[6] To recover coal from these significantly large coal reserves, workers use a process called strip mining. By using this process, strip miners can recover all the coal in a deposit, and each worker achieves very high productivity, recovering 30-40 tons per worker per day. Sixty percent of coal in the United States comes from strip mining. [7] While strip mining was at one time a dangerous career choice, the coal mining industry is now recognized as one of the safest, with a lower rate of injuries and illnesses per 100 employees than the agriculture, construction or retail trades.[8] A great problem with coal, which has lead to somewhat slow increases in coal production since 1920, has been the environmental impacts involved with surface mining, the effect of CO2 emissions on global climate, and health effects of SO2 and particulate emissions.[9] In 1952 in London, England, 12,000 people died and many become ill due to high concentrations of SO2.

Wednesday, October 23, 2019

Political Socialization Essay

Both my parents are independents; and I used to identify myself as independent. However, I believe school was the political socialization agent that has had the greatest impact in my judgments and decisions related to politics. This process began in my country, Venezuela, there I learned about world and Venezuelan history, patriotism, symbols, basic institutions and values of politics in school. I was always taught to stand for my principles and beliefs. Therefore, from seven to twelve grades I got involved with my schools’ Student Government Group. At that time, I was able to make a difference in issues related to students and staff interests; I also made a difference in the community by organizing conservationist campaigns, good neighbor activities, and beautification of our city projects, to mention some. Most of the time I felt that I was not bonded to any of the country’s political parties, but shortly after entering college I began to work and there were the opportunities for involvement within the system. Unfortunately, my country’s political situation started to deteriorate with the intended of a military take over. Later on, it was totally crushed with the actual Presidential election of the perpetrator, current President, Hugo Chaves. My trust and faith in a democracy were shattered until I decided to come to the US. Now, I appreciate and love this country very much for all the opportunities existing to me. I also feel that my opinions in American politics, ethics and other subjects are well-informed and once again school has marked and amplified them. On the other hand, I believe that a person’s knowledge of politics cannot simply come from their own personal experience or through the lessons learned from others directly. For instance, the mass media influences individuals by what they report and what they do not report; and it does not frequently discuss alternatives to the way society is fundamentally structured. In conclusion, I think much of the political knowledge people have comes from a combination of agents, for me in priority basis are: school, my values, and the mass media. I also think that my family has the least impact on me as political socialization agent because they were never inclined to any political party and this was not an important subject of discussion in my house.

Tuesday, October 22, 2019

Essay on Love and Graffiti Moon

Essay on Love and Graffiti Moon Essay on Love and Graffiti Moon Graffiti Moon is a story about love. Do you agree? The novel Graffiti Moon, written by Cath Crowley, follows the Love, heartbreaks and nose breaks of Lucy, Ed and Shadow over one adventurous night back in the day in Melbourne. The story is about love and how it is not always perfect. Lucy, Ed and the other characters learn how relationships are not perfect or how they imagine them to be. Lucy thinks Shadow is perfect but when they meet he is not all what she expected him to be. Lucy always fantasises about Shadow, she absolutely loves him. Shadow is all Lucy thinks about, she thinks he is perfect based on his art. Lucy judges Shadow by what she sees in his paintings. She mentions â€Å"A guy who paints things like that I could fall for. Really fall for†, this demonstrates how Lucy is actually starting to fall for Shadow though they have never met. Lucy would do almost anything to meet Shadow. Even though he dropped out of school she tells herself â€Å"let me tell him he’s still smart and funny, tell him that some of my most beautiful glass pieces have cracks running through them†. By saying this she wants him to be perfect though he isn’t all that she wanted him to be. Ed and Lucy’s first date did not go all that well, though the date was not perfect it may have benefited them in the end. On their first date Ed ‘accidently’ touched Lucy’s arse so she punched him in the face and broke his nose, later in the novel Lucy says â€Å"you grabbed my arse† and Ed replies with â€Å"You broke my

Monday, October 21, 2019

Holding High Standards... The Power of Disaffirming

Holding High Standards... The Power of Disaffirming If you manage other people and you hold high standards for work product, you probably have encountered a situation or two where you have had to tell someone they did not do a good enough job. How do you feel when you face this type of situation? Do you feel bad about it afterward? Or do you feel empowered and like you made a positive difference in the world? I grew up thinking that if I corrected someone or disaffirmed them, I was being mean and overly critical. I still did it, but I felt self-critical more than anything else and made myself wrong for hurting others. I’ve been spending the better part of the last year becoming more comfortable with my opinions and with expressing them, even if I know someone might feel hurt. As the owner of a company who cares greatly about the quality of the work we put out, I have many opportunities to be honest with people about their writing. â€Å"Behind the scenes† at the Essay Expert, I work with a team of subcontractors and review their work before it goes out to a client. Sometimes the first drafts that come to me do not meet my standards. And The Essay Expert’s clients count on my high standards. Last week, I faced two situations that inspired me to write about the power of disaffirmation in creating results and even cultivating relationships. In one, I received a draft of a LinkedIn summary from one of my writers that I felt didn’t hit the mark. There was time for me to have a quick call with him and steer him in the right direction. I told him what didn’t work about what he wrote and gave him some different ideas of how to approach the project. The second draft was brilliant and here’s what the client, who lives in Switzerland, had to say: â€Å"Thank you so much for sending the draft. I cannot put my first reaction into words (not even in German) in the very best meaning of the word!† If I had been shy about issuing corrections, I would not have had such a happy client. Because I disaffirmed the writer, he learned about how to write for a new type of client and both of us got to feel great about the client’s response. In another situation, an editor took 5 hours to edit a document that would have taken me 3. Not only that, but she sent it to me an hour late and failed to correct some glaring errors in the document. I spent 2 hours editing the document before sending it to the client- 1 hour more than I would have spent if I had edited it myself. Again, my disaffirming power sprang into action. I very directly told her about the problems I saw and what I was prepared to pay her for her work. We ultimately reached an agreement and parted amicably. Sometimes when I work with someone on a project like a law school admissions essay, the applicant tells me not to hold back with my criticism. I laugh when they make this request – I have no problem telling it like I see it! But when it comes to critiquing in a managerial role, I’ve historically had a more difficult time. The greatest part about these two recent experiences to me is that I felt strong and good about myself even though I had criticized people I am managing. I’ve been learning a lot about stepping into a managerial role in a powerful way. Sometimes disaffirmation can hurt both the recipient and me- but what hurts more is compromising on what I know is right, or on the quality of the work my business produces. Ultimately I am somewhat of a mama bear, willing to growl a bit in order to provide a top product to my clients. I will take strong action, give direct feedback, and use the power of disaffirmation if that’s what it takes to run a successful and well-respected business. If you are in a managerial position, how do you express your criticism? How do you handle it when someone fails to come through in the way you expect? Are you willing to talk straight to people? And how do you feel when you don’t? And what’s the bigger goal that inspires you to take the actions you take?

Sunday, October 20, 2019

An Introduction to Irregular Verbs in English

An Introduction to Irregular Verbs in English Although fewer than 200 verbs are classified as irregular, these include some of the most common words in English. Here, after briefly reviewing regular verbs, well look at the principal parts of irregular verbs. Review of Regular Verbs Regular verbs have three basic forms: the present (or base form), the past (ending in -ed), and the past participle (also ending in -ed). These three forms are referred to as the principal parts of a verb. Heres how we might list the principal parts of the regular verb laugh: I always laugh at her jokes. (present)She laughed nervously during her speech. (past)We have often laughed together. (past participle) The past participle form works with different auxiliary verbs (has or have; had) to form different tenses. (See Forming the Past Tense of Regular Verbs.) What Are Irregular Verbs? Irregular verbs are those verbs that do not end in -ed in the past tense. Though their endings differ from those of regular verbs, irregular verbs rely on the same auxiliary verbs (also called helping verbs) to indicate past, present, and future time. Principal Parts of Irregular Verbs Irregular verbs have three principal parts: I tell a joke. (present)I told a joke. (past)I have told a joke. (past participle) Some irregular verbs, such as tell, have the same form in the past and the past participle. Others, however, have different forms: I wear a cap. (present)I wore a cap. (past)I have worn a cap. (past participle) With irregular verbs such as wear, we need to learn the different forms for the past and the past participle. Auxiliaries with Irregular Verbs Just like regular verbs, irregular verbs are used with various auxiliaries to form different tenses. For instance, we use has or have with the past participle of an irregular verb to form the present-perfect tense: Tom has worn out his welcome. Similarly, we use had with the past participle of an irregular verb to form the past perfect tense: I had never worn a seat belt before you told me why I should. And we use will with the present form of an irregular verb to form the future tense: I will wear a seat belt from now on. In short, irregular verbs work the same way as regular verbs; they just have different endings. Tables of Irregular Verbs The tables linked below contain the most common irregular verbs in English. Although you are probably familiar with many of them already, study the verbs in all three lists and look for patterns that will help you remember the forms of all these verbs. Irregular Verbs: Arise to GrowIrregular Verbs: Hang to SinkIrregular Verbs: Sit to Write

Saturday, October 19, 2019

Case study Example | Topics and Well Written Essays - 250 words - 27

Case Study Example Therefore, in return, I should also be given what compensates my efforts in monetary form. The approval procedure is quite long. For a potential applicant, the waiting for a job which pays lower than the others at such a long period would not be acceptable. This can lead to possible excellent employees to find other job offerings so with the sluggish flow of the process, the procedure is quite unsatisfactory. Thus, more should be employed for the recruiting process to make the job faster or at least an easier technique should be carefully planned to eliminate all unnecessary parts of the procedure that hinder a quick process. If I were to design a recruiting system, there should be an advertisement that reaches good potential applicants. In the case of Northwest State where obviously money and staff is a problem, perhaps some teachers can be given the job to do the initial screening of applicants like written exams. The results will then be given to Department Head, Vice President for Academic Affairs and the President of the college for them to evaluate applicants as a group to save

Friday, October 18, 2019

Your relationship to pharmaceuticals Essay Example | Topics and Well Written Essays - 250 words

Your relationship to pharmaceuticals - Essay Example Not only the pharmaceutical industry gives small gifts to the consumers to boost their sales, but some pharmaceutical companies really resort to connivance with doctors to increase the sale of their products. Well, in China the pharmaceutical companies are not run this way. Had it been so, I would have certainly felt very angry. Though running a pharmaceutical company tends to be a business, still one simply cannot take the pharmaceutical industry as any other industry. Pharmaceutical industry happens to be different from other industries. The pharmaceutical industry aims at curing people and improving their health. It directly relates to saving the lives of the people who consume the medicines manufactured by it. Thereby, it is indeed understandable that why one does not expect the pharmaceutical industry to ruthlessly behave as any other industry. However, after watching this video I really felt disheartened and discouraged to know that the pharmaceutical companies are run like oth er companies and their main motive is to make profits. With the large amounts of money that the pharmaceutical companies have at their disposal, they can invest much in trying to make the medicines cheaper and affordable. This will indeed save the lives of many people. Besides, there are many people in the US who belong to the marginalized sections of the society and who do not afford to buy costly medicines. It is this segment of the population that suffers most from the greed of the pharmaceutical

Formula Analysis Assignment Example | Topics and Well Written Essays - 750 words

Formula Analysis - Assignment Example When the element of violence was introduced was the point that the story slowly unfolded and moved on. It was evident in the film albeit being an animated feature geared to entertain the young that the element of violence had to be employed to spice things up. Without violence, there would not have been a story. Formulas, apparently, have not changed over the years. Movies still employ the â€Å"bad guy vs. good guy† plots. The bad guy brings menace to the good guy and his family—another staple factor to formulaic movies. Good guy defends his family to the death—usually of bad guy’s—thus justifying the violent actions of good guy. Bag guy gets eliminated, but nobody knows what happened or where he had gone after. He’s simply out of the picture. Nobody could care less as long as the protagonists are happy. The Incredibles, for instance, has the Parr Family—Mr. Incredible, the dad; Elastigirl, the mom; and the kids Violet, Dash, and Jack-jack—pitted against Syndrome, the evil genius. The warmth of family versus the evil of cold revenge. Mr. Incredible ditches Syndrome as a young fan who wanted to be his partner. Young Syndrome exacts revenge years by trying to prove he can outdo Mr. Incredible—to the extent of putting his family in grave danger. Viewers are made to consider violence as an integral and positive part of the movie for without which the Parr kids would not have been able to bring out the best in themselves. After all, if they had not been subjected to Syndrome’s menace, they would not have been able to rise above childish scuffles. And the consequent violence—the destruction of the villain Syndrome—is thereby justified. He is the â€Å"bad guy† after all. And as the clichà © goes, â€Å"they lived happily ever after.† The viewers are satisfied. Very formulaic. Yes, the formula, tiresome as it

Investigate plagiarism at the undergraduate level Essay

Investigate plagiarism at the undergraduate level - Essay Example There is an uptick in the incidences of plagiarism. Therefore, there is a high need of action to eradicate this trend. An essential part of fighting against plagiarism is to teach students the skills to legally and ethically use the sources, so they do not unintentionally step into the plagiarism territory. One of the major excuses for escaping the accusation of plagiarism is that it was unintentional. Regardless if a student intentionally or unintentionally copied someone elses work, either way, it falls under the category of plagiarized work. When researchers refer to someone elses work it means that it was someone elses idea so merrily changing the words does not absolve students from this academic misconduct. It is vital to learn the background of plagiarism to comprehend the exact problem. Textual ownership refers to the thoughts and phrasings that are someone elses property and using them without attributing them back to the owner would be equivalent to committing an academic crime known as plagiarism. Many young students find it difficult to use information that belongs to others into their work (Diane, 2013). Paraphrasing, quoting, or any other form of incorporations such as through diagrams, figures and flowcharts, are some of the means through which students commit this crime intentionally and unintentionally. The studies on plagiarism and cheating have mostly been conducted through student questionnaire, which reveals that there is a strong moral base for students about friendship and good learning. It means that some punishable behavior might be regarded as justifiable, and some officially approved behavior is deemed dubious (Ashworth, Bannister, Thorne & Students, 2006). Studies also suggest that students are often unclear as to what constitutes as plagiarism and what the correct forms of paraphrasing are (Roig, 1997). The

Investigate plagiarism at the undergraduate level Essay

Investigate plagiarism at the undergraduate level - Essay Example There is an uptick in the incidences of plagiarism. Therefore, there is a high need of action to eradicate this trend. An essential part of fighting against plagiarism is to teach students the skills to legally and ethically use the sources, so they do not unintentionally step into the plagiarism territory. One of the major excuses for escaping the accusation of plagiarism is that it was unintentional. Regardless if a student intentionally or unintentionally copied someone elses work, either way, it falls under the category of plagiarized work. When researchers refer to someone elses work it means that it was someone elses idea so merrily changing the words does not absolve students from this academic misconduct. It is vital to learn the background of plagiarism to comprehend the exact problem. Textual ownership refers to the thoughts and phrasings that are someone elses property and using them without attributing them back to the owner would be equivalent to committing an academic crime known as plagiarism. Many young students find it difficult to use information that belongs to others into their work (Diane, 2013). Paraphrasing, quoting, or any other form of incorporations such as through diagrams, figures and flowcharts, are some of the means through which students commit this crime intentionally and unintentionally. The studies on plagiarism and cheating have mostly been conducted through student questionnaire, which reveals that there is a strong moral base for students about friendship and good learning. It means that some punishable behavior might be regarded as justifiable, and some officially approved behavior is deemed dubious (Ashworth, Bannister, Thorne & Students, 2006). Studies also suggest that students are often unclear as to what constitutes as plagiarism and what the correct forms of paraphrasing are (Roig, 1997). The

Thursday, October 17, 2019

Special Education High School Essay Example | Topics and Well Written Essays - 750 words

Special Education High School - Essay Example It can be that this is the child's behavior at home whenever he or she is denied something or it could also be that this is his or her way of getting what he or she wanted. Throwing tantrums would exasperate parents, resulting to them giving in to the child's desires. These behaviors could not immediately be considered as behavioral problems per se; but it could lead to one if the child's present way of interacting with people, including children, would not be corrected. Biting is not an abnormal behavior but it is disturbing and potentially harmful which should be discouraged from the beginning (University of Michigan Health Systems 2007). Every aggressive behavior that the child displays should be understood and one way of understanding it is through knowing the child's family background. Who is living with the child and what is the situation inside the child's family. Through knowing, the teacher will be able to understand and formulate positive ways to handle the child's feelings . In a situation when the child's father is in prison and the mother herself is in a problematic state, it could be that the child lacks parental care and attention which drives him or her in a state of anger, shame, confusion or even aggression. In addressing such behavior, the teacher should not hit or bite back at the child as a way of reprimand because this only communicates to the child that violence is a fitting way to handle emotion (University of Michigan Health Systems 2007). Assessment of children going to school with behavior issues needs an in-depth look at behavior because the cause of such behavior may be neurological, psychological, emotional, family and/or social issues (Direnfeld 2007). Whatever is the cause of the child's aggression or violence, the child should not be rewarded for biting or showing aggressive or violent behavior, "not even the reward of a negative attention (University of Michigan Health Systems 2007). The teacher's approach should always be calm and educational. The teacher must also take note of the pattern of the child's aggression including the environment that the child is in and his or her emotional state. In this way, the teacher will have a clear idea on how to address and correct the child's behavior. Children, particularly toddlers, don't digest words whenever reprimanded unlike adults and adolescents; and shouting is definitely not a way of dealing with them. A calm but firm and serious tone is more effective than a loud voice that threatens the child because it still communicates negativity. Age appropriate ways of teaching children to control themselves promotes the development of confidence and self-esteem, thus, we can easily guide them towards self-control away from any aggressive or violent behaviors. Emotional control is also one dimension that the pre-school teacher should look into. Emotion can be influenced through perception. The child should perceive things in a positive way, and one way to guide that perception is to set up a classroom environment with a 'light' and happy atmosphere, wide and friendly space with lots of colors and wholesome pretty pictures on the wall. Such set-up sends a non-verbal message of security, safety, friendliness and warmth which most children are keen at The classroom, should not

Comparison of Operating System Kernels Essay Example | Topics and Well Written Essays - 2750 words - 1

Comparison of Operating System Kernels - Essay Example Different kinds of operating systems are available and in completion amongst one another. These come in form of products from Microsoft, Apple, Linux, FreeBSD and many more. Each of them has a large customer bench and has its own characteristics; it is these characteristics that make them unique and most sought after. At the same time these characteristics are totally unique in their way and facilitate the users in many ways. Computer itself is a large entity, and has many components such as memory unit, processing unit, operating system, cache, and many more parts. It is the operating system that holds the kernel within itself. Kernel is a series of instructions, processes and programs that are joined together, grouped into large entity to perform the tasks. For example a particular process, and a particular program may be designed to execute a certain function, the kernel is a larger entity that is created to enable execution of the entire operating system. While programs are related to the virtual mode, the kernel is also concerned with the physical mode and physical operations as well. Kernel is that part which provides a bridge between the software and hardware; it acts as an intermediate source between the two and facilitates each of them in making up an entire computer system for purpose of all the operations that we perform on the outside face of it(Pfleeger & Pfleeger, 2012,351). Before creating a kernel, a lot of thought is invested in to it, this thought pertains to the kind of customers it would entertain, the kind of functions it would provide, what capacity it would support, and most importantly the kind of work that would be performed by it. Based on these considerations, the kernels are designed to provide maximum benefit to the users and enrich the usage of computers along with aim of providing maximum ease. Other factors which distinguish the kernels support and

Wednesday, October 16, 2019

Investigate plagiarism at the undergraduate level Essay

Investigate plagiarism at the undergraduate level - Essay Example There is an uptick in the incidences of plagiarism. Therefore, there is a high need of action to eradicate this trend. An essential part of fighting against plagiarism is to teach students the skills to legally and ethically use the sources, so they do not unintentionally step into the plagiarism territory. One of the major excuses for escaping the accusation of plagiarism is that it was unintentional. Regardless if a student intentionally or unintentionally copied someone elses work, either way, it falls under the category of plagiarized work. When researchers refer to someone elses work it means that it was someone elses idea so merrily changing the words does not absolve students from this academic misconduct. It is vital to learn the background of plagiarism to comprehend the exact problem. Textual ownership refers to the thoughts and phrasings that are someone elses property and using them without attributing them back to the owner would be equivalent to committing an academic crime known as plagiarism. Many young students find it difficult to use information that belongs to others into their work (Diane, 2013). Paraphrasing, quoting, or any other form of incorporations such as through diagrams, figures and flowcharts, are some of the means through which students commit this crime intentionally and unintentionally. The studies on plagiarism and cheating have mostly been conducted through student questionnaire, which reveals that there is a strong moral base for students about friendship and good learning. It means that some punishable behavior might be regarded as justifiable, and some officially approved behavior is deemed dubious (Ashworth, Bannister, Thorne & Students, 2006). Studies also suggest that students are often unclear as to what constitutes as plagiarism and what the correct forms of paraphrasing are (Roig, 1997). The

Tuesday, October 15, 2019

Comparison of Operating System Kernels Essay Example | Topics and Well Written Essays - 2750 words - 1

Comparison of Operating System Kernels - Essay Example Different kinds of operating systems are available and in completion amongst one another. These come in form of products from Microsoft, Apple, Linux, FreeBSD and many more. Each of them has a large customer bench and has its own characteristics; it is these characteristics that make them unique and most sought after. At the same time these characteristics are totally unique in their way and facilitate the users in many ways. Computer itself is a large entity, and has many components such as memory unit, processing unit, operating system, cache, and many more parts. It is the operating system that holds the kernel within itself. Kernel is a series of instructions, processes and programs that are joined together, grouped into large entity to perform the tasks. For example a particular process, and a particular program may be designed to execute a certain function, the kernel is a larger entity that is created to enable execution of the entire operating system. While programs are related to the virtual mode, the kernel is also concerned with the physical mode and physical operations as well. Kernel is that part which provides a bridge between the software and hardware; it acts as an intermediate source between the two and facilitates each of them in making up an entire computer system for purpose of all the operations that we perform on the outside face of it(Pfleeger & Pfleeger, 2012,351). Before creating a kernel, a lot of thought is invested in to it, this thought pertains to the kind of customers it would entertain, the kind of functions it would provide, what capacity it would support, and most importantly the kind of work that would be performed by it. Based on these considerations, the kernels are designed to provide maximum benefit to the users and enrich the usage of computers along with aim of providing maximum ease. Other factors which distinguish the kernels support and

Individual Behavior and Communication Essay Example for Free

Individual Behavior and Communication Essay The Walt Disney Company was established in 1923, by Walt Elias Disney and his brother Roy. The two brothers founded the organization on big dreams and determination. Their primary goal was to make people happy and provide quality entertainment. The Disney organization has been around for over 85 years. The core ideology of the Disney Company promotes a source of guidance and inspiration. The core values and mission of the company is what the employees base their foundation on. Attitude and behavior is attributed to the core values of the organization. The values that Disney represents are maintaining strong innovation, maintaining high quality services, and striving to achieve quality products. The underlying principles innovation, quality, community, and storytelling are what the Disney organization symbolizes. Walt Disney worked very hard to provide the community with an outstanding organization. Anyone who is affiliated with or working for the Disney organization is expected to maintain and be held accountable for the same high standards that Walt Disney founded his organization on. Disney provides quality entertainment for everyone. In order for visitors of the park to receive a memorable experience employees must undergo a vast amount of training. The Disney Company has created a culture in which their employees are valued as individuals and as part of a team. Disney believes you can have happy guests only if you have happy employees. (http://voices. yahoo. com/the-magic-disneys-organizational-behavior-concepts-550698. html). This is one example of organizational culture. Communication within an organization is the key to making any company successful. Disney believes that if the work environment is comfortable mployees will feel free to share their thoughts and ideas, and speak their mind. This is turn can lead to generating creative ideas. Employee participation ensures that everyone is working toward achieving the same goal of providing quality service and a memorable experience to park visitors. It is plain to see that Disney demonstrates diversity and empowerment.

Monday, October 14, 2019

Sports Sociology from a feminist point of view

Sports Sociology from a feminist point of view Women participation in sports has a history marked by division and inequity. However, women have experiences major accomplishments by female athletes helping to make significant progress for gender equality and the empowerment of women. The essay will explain some of the historical developments with reference to different theoretical perspective of feminism such as liberal, radical and socialist feminisms. It will also critically discuss feminisms and how female are exploited by patriarchy society. Feminism is a dynamic, diverse and often conflicting collection of social theories and moral philosophies (Burke, 2008). It is similar to Marxism because both are political theories that were develop to solve the inequality, exploitation and poverty in society. While Marxism is largely motivated by the struggle of social class, feminism focuses on the experiences of women, particularly in terms of their political, social and economical inequalities. One prospective of feminism focuses on seeking no particular privileges but merely demand that everyone receive equal political, economical and social consideration without discrimination on the basis of sex (Adkins, 2004). Another opposing type of modern feminism, opposes existing political and social institution in general because its tied to a male dominated society. Thus, feminism has no single, universal form that represents all feminists. The rise of feminism movement can be divided into three waves. The first wave began in the late 1800s to early 1900s referring mainly to the statue of women in family and allowing womens right to vote known as the suffrage movement. The second wave refers to the action of the womens liberation movement beginning in the early 1950s which campaigned for social and legal equality for women. The third wave feminism began in the 1990s and embraced conflict, contradictions and accommodated diversity and change. Waves of Feminism The waves of feminism are a historical progression in each waves has bringing a swelling of momentum that carried women closer to equality in society. The early movement has come to known as the first wave which was established in United States and United Kingdom around the late 1800s to early 1900s. They major concerned was to help promote women equality in education, employment and property rights. However, by the end of the nineteenth century, many feminist such as Susan B. Anthony and Lucy Stone fought to gain more political power for women; particularly the right of womens suffrage. Woman did have success as a result of the 1st World War occur meaning women replaced men in civilian work-force and also served in the military support roles. Feminist also had significant success in reforms in education, and broadening access to different profession and in healthcare. It is considered that the first-wave came to end when the Nineteenth Amendment to the Constitution was passed enabli ng women the right to vote (Lee Ling, 2001). The progression of first-wave feminism was significant; however, without the continuation of the second-wave, feminisms would not be as advance as it is in current times (can u think of another way can say that), for each wave is interrelated and dependent on each others history. In the early 1960s Second Wave of feminism emerged. Second-wave focuses was broader than the first-wave. It was concerned on inequalities such as the economic freedom, the rights for female to have abortion, equal and accessibility to certain male dominated institution such as sports. It also began to challenge the domination of patriarchy society and gender inequality in all aspects. In 1963 A Feminist named Betty Friedan publicised a landmark book called The Feminine Mystique. This book would be a pivotal moment in the history of second wave feminism. The book give an insight on how upper to middle class women felt discontented about their restricted opportunity in life (Changfoot, 2002). Friedan soon became one of the leading feminist in the Second wave, and eventually helped establish the National Organization for Women, whose purpose was to promote gender equality and to protect and support women rights. Perhaps one of the biggest achievements of Second Wave Feminism was in the United States by the passage of Title IX (Ackerly Attanasi, 2006). This enabled women to have access to education, particularly in university and professional schools. In addition, the work of these feminists allow employment opportunities that before had been confined to men accessible to women. The Third Wave of feminism that emerged in the 1990s and is still current to this day. Like all feminism, the third wave focuses on the social, economic, political and personal empowerment of women, but this differ to pervious waves because it concerns were more on the individual empowerment of women and less on activism. Ferguson (2002) commented on the third wave as a new direction for feminism to celebrates womens voyage to build meaningful identities in a complex contemporary world (p2). Third wave feminists celebrate diversity unlike previous waves and the Womens Liberation Movement; it was often criticized for focusing too narrowly on the events of middle-class, Caucasian and heterosexual women. Third wave feminists do not reject political activism, but the emphasis relies more on women personal empowerment as an initial point for societal change. Zinn and Dill (2005) propose there are multiple systems of domination that create inequality for women known as a matrix of dominati on. Feminist theories Feminism is not a unified or a simple philosophy. Many women and man consider themselves feminists; most of their ideology may vary considerably. The feminist theories aim to understand the nature of gender inequality, promoting womens rights, while generally providing a critique of social relations. This essay will focus on looking a liberal, socialist and radical feminism. Liberal feminism is characterized on the emphasis of wanting both genders to be equal within society. According to the theory, society itself does not need a major revolution, but rather propose that laws need to be changed and opportunities which enable more accessibly for women to become equal in society. To a liberal feminist, evidence of progress occurs when a number of women gain more positions previous occupied by men, particularly high end positions. In the United Kingdom and the major of the Western world, liberal feminism is the most common form of feminism. Gale, (2009) argues that even if women are no longer reliant upon men, they will still need to be governed by a patriarchal state. Radical Feminist argues institutional changes such as the introduction of womens suffrage are inadequate to emancipate women. In contrast socialist feminism emphasizes that equality for women will not be achieve without a significant change within society mainly economic change also socialist feminists focus on collective change and empowerment. Similar to Marxism, socialist feminists argue that there are basic inequalities built in to a capitalist society because capital and power are shared unequally. Thus, it not sufficient enough for women to achieve powerful positions in society, but power and capital need to be distributed equally (Fleck, 2004). Critic argues that socialist feminism neither is revolutionary nor radical enough to generate a solution to the difficulty for women economic and social exploitation. Another argument is not all male and female relationships are characterised by exploitation and oppression. Radical feminism is focuses on patriarchy and the system of power that organizes society. It is similar to socialist feminism in the sense that it emphasizes the need for severe social change for women to truly have equality. Radical feminists believe that society is very largely patriarchal, and as a result founds that women are oppressed. A criticism for radical feminism is it focuses much on the patriarchy society and need to consider the concepts such as ethnicity, religion and social class. Another criticism is reverse discrimination when women pushed unfairly into senior position. Feminism in sports Womens participation in sports has risen significantly in the twentieth century, particularly in the last quarter. It this partly due to the changes in modern societies that encourage gender parity. While the level of participation and performance still alters depending on the country and by sport. Although there has been many improvement in the accessibility in sport many feminist argue, that sports has been socially constructed hyper masculine, thus it has been more limited to men. Vale, (1998) found evidence to support this by looking at the incredible resistance to included women in certain mens institutions. Augusta National is the golf club which is also home to the Masters Tournament which does not allow women members to join. When women have tried to join the club or have made protest outside the parameter, the reaction from the club has boarded on hostility. As a results Vale, (1996) question if sport is so beneficial for men, why do men and institution, hold such resistant to offer all that is good in sport to women. Radical feminism have criticised the patriarchy society on how they portray women in sports. For example Sports Illustrated portrays women by presents demeaning stereotypes of female sexuality, encouraging men to view women as sex objects and by turning voyeurism into a sport.

Sunday, October 13, 2019

John Brown: Past and Present :: essays research papers

John Brown: Past and Present Host: â€Å"Looking into the crystal ball, I wonder who our guest will be. As the fog lifts from the orb, a picture of a man that has had an enormous impact on our socially accepted views begins to appear. Who is this man? Well, he is known as both a martyr and a psychopathic killer. He has been called a blatant liar as well as a man of strong convictions, all in the same breath. But his most notable contribution to our country is undoubtedly his involvement in the antislavery movement. The man I am referring to is John Brown. While we talk with him today, we will compare the consequences of past actions with the consequences of today’s actions. So, let’s give a warm round of applause as we welcome John Brown to the hot seat. To begin with, why don’t you give the audience a little bit of back ground about yourself. Tell us where you were born and something about your childhood.† John Brown: â€Å"I was born on May ninth in the year of our Lord 1800. To understand my story, I must first tell you about my father, Owen. As a child during the Revolution, his father, John Brown, was away fighting in the Revolution and Owen found himself handling a lot of the responsibilities around the home. During the day he worked in the fields alongside a slave, from Guinea, named Sam. Sam used to carry my father on his back and my father grew to love him. When Sam died, it was to be the first funeral my dad had ever attended. Because Owen’s dad was gone during the Revolution and Sam stood in as a caring father figure, Sam ended up being the seed of my father’s views about slavery. My dad saw Sam as a mentor and not as a slave or a man of color. After Sam’s death, my father turned to religion for comfort. This was during the same time as the Great Awakening and my father started attending the revivals. During one such revival, my father heard a sermon by the late Reverend Jonathan Edwards where he stated that slavery was a cardinal sin against God. After hearing this sermon, his attitude towards slavery was cemented. The final incident that caused my father to become active in the antislavery movement then occurred. A preacher by the name of Mr. John Brown: Past and Present :: essays research papers John Brown: Past and Present Host: â€Å"Looking into the crystal ball, I wonder who our guest will be. As the fog lifts from the orb, a picture of a man that has had an enormous impact on our socially accepted views begins to appear. Who is this man? Well, he is known as both a martyr and a psychopathic killer. He has been called a blatant liar as well as a man of strong convictions, all in the same breath. But his most notable contribution to our country is undoubtedly his involvement in the antislavery movement. The man I am referring to is John Brown. While we talk with him today, we will compare the consequences of past actions with the consequences of today’s actions. So, let’s give a warm round of applause as we welcome John Brown to the hot seat. To begin with, why don’t you give the audience a little bit of back ground about yourself. Tell us where you were born and something about your childhood.† John Brown: â€Å"I was born on May ninth in the year of our Lord 1800. To understand my story, I must first tell you about my father, Owen. As a child during the Revolution, his father, John Brown, was away fighting in the Revolution and Owen found himself handling a lot of the responsibilities around the home. During the day he worked in the fields alongside a slave, from Guinea, named Sam. Sam used to carry my father on his back and my father grew to love him. When Sam died, it was to be the first funeral my dad had ever attended. Because Owen’s dad was gone during the Revolution and Sam stood in as a caring father figure, Sam ended up being the seed of my father’s views about slavery. My dad saw Sam as a mentor and not as a slave or a man of color. After Sam’s death, my father turned to religion for comfort. This was during the same time as the Great Awakening and my father started attending the revivals. During one such revival, my father heard a sermon by the late Reverend Jonathan Edwards where he stated that slavery was a cardinal sin against God. After hearing this sermon, his attitude towards slavery was cemented. The final incident that caused my father to become active in the antislavery movement then occurred. A preacher by the name of Mr.

Saturday, October 12, 2019

The Handicapped Poor in America Essay -- Disabled Poverty

In The Working Poor, David Shipler relates the plight of the invisible poor in America, sharing the stories of laborers across the nation who work but cannot get a firm grip on the slippery surface of the American dream. Shipler also touches on, but does not fully explore, the even thornier path of the disabled, impoverished individual in America. Although a relatively large segment of the population (10-20 percent of the United States population is disabled), the disabled poor encounter setbacks in their struggle to succeed in a world where one’s worth is often judged by one’s economic and educational attainment. A blind and impoverished woman from Eastern Europe directly states that the disabled poor "depend on everyone; no one wants us. We are like garbage that everyone wants to get rid of" (Wolfensohn 1). Far from the thoughts of many in the social hierarchy, including the healthy working poor, the disabled poor face numerous obstacles in their path towards a stable income above the poverty line. Addressing the problem of helping disabled individuals through legislation becomes difficult because definitions of disability differ. Some may argue that depression is not a disability because not only is it difficult to prove that an individual is afflicted with it, but it is also questionable whether it is the cause of their unemployment. Asthma may not be considered a disability for a child in the suburbs, who, with the help of an inhaler, may play soccer without suffering, but chronic, untreated asthma can be debilitating for a child living in poverty and, according to the American Lung Association, â€Å"can be a life-threatening disease if not properly managed.† The government defines disability as having a â€Å"physical or m... ... > U.S. Census Bureau: American Fact Finder. â€Å"Sex by Age by Disability by Employment Status for the Civilian Noninstitutionalized Population 5 Years and Over.† ds_name=ACS_2003_EST_G00_&-redoLog=false&- mt_name=ACS_2003_EST_G2000_P059>. U.S. Department of Health and Human Services. â€Å"Child Health USA 2003†. . U.S. Department of Health and Human Services. â€Å"Disability Among Women on AFDC: An Issue Revisited.† 1993. . U.S. Department of Labor. â€Å"The United States Department of Labor Homepage, Secretary of State Elaine L. Chao.† . The University of New Mexico Center for Development and Disability. .

Friday, October 11, 2019

American civil revised

American civil war of 1861-1865 was the bloodiest war. The fight was between United States (the Union) and the Southern eleven slave states that proclaimed that they had their own rights to secession, thus, forming Confederate states of America which was headed by Jefferson Davis as the President. The United States termed as the Union was made up of Free States together with Border States that were under President Abraham Lincoln lead by the Republican Party. The republicans were against the spreading of slavery into regions governed by the United States (the Union); this increased the desires of secession by the Southern states.Nevertheless, the republicans refused to accept any secession rights from the Southern states. This then led to the civil war which broke up on April of 1861, when Southern States forces attacked a military installation of United States (union) located at Fort Sumter, in the South of Carolina, which was the very first state to secede. (Holt, 1978) Causes of t he civil war Many historians argue that the civil war was caused by slavery issues. However, there is no one simple cause of the civil war.The war was caused by complex issues including slavery, party politics, and sectionalism, misunderstandings of federalism, expansionism, economical differences and modernization during that period. All this issues contributed to the war. (Holt, 1978) Slavery Slavery is considered by many historians as the main issue that caused the war; other reasons were directly or indirectly related to slavery. Historian Holt (1978), said, as the 1850s went on, an exacerbating, exhaustive and basically pointless conflict about slavery continued to be the main topic excluding all other issues.As Abraham Lincoln a Northern politician by then pointed out, the issue of slavery was the most important issue than other issues, he further states that â€Å"indeed, so much more important has it become that no other national question can even get a hearing just at pres ent. † (Holt, 1978) The issue of slavery was in relation to competition by sections or states for the control of territories. The demand of the Southern states for a code of slave in the territories was an issue being used by the Southern politicians to divide the Democratic Party in to two. The division of Democratic Party ensured the election of Lincoln and also the secession.Though, Abraham Lincoln did not have immediate plans of abolishing slavery in the South, the Southerners all over the South conveyed fears about the slavery future in the South the moment Lincoln took over, leading to tensions that lead to war. (Holt, 1978) The Southerners were also concerned about economic loss and racial equality that they may loss. In accordance to the Texas Declaration of Causes for Secession, declared that those states that were not holding salves were proclaiming the degrading doctrine that all men were equal irrespective of color or race.According to this declaration, African peo ple were an inferior race. This issue of slavery contributed a lot to the civil war, the Southern states feared losing control of slavery to the federal government. On the hand the Union feared that the power of slavery was already controlling the government. This led to the civil crisis of 1850s. States disagreements about the moral issue of slavery; extent of democracy and the debate about economics of slave plantations labor over free labor caused political unrest in the states.This contributed to the Southern secession which triggered the civil war. (Levine, 1992) Political instability Political instability during that time was so fractured; this contributed a lot to the civil war. Cultural and economic disparities contributed to widen the political differences. Wars between the north and the south grew a lot more heated, particularly after 1850. Politicians and the judiciary of the two regions sent contradictory signals in trying to appease each other. However, all the two part ies were not satisfied.The Georgians (Southerners) felt that the Federal government which was mainly controlled by the Northern industrialists was not responding to their problems in their states. Thus, the Southern states started seceding, this could not be allowed by the Northern states led by President Lincoln. As a result the Southern states opted to use force by attacking the military installation of the United States (the union) the United States (Union) responded and the war began. Therefore, political instability was another cause for the American civil war. (Holt, 1978) Modernization fears by SouthernAnother cause of war was fear of modernization by the south, According to historian’s Foner (1970), when the North abolished slavery and started industrial revolution which resulted to urbanization, improved education and reform activities like abolitionism, the truth that out of eight immigrants seven settled in the North, added to the truth that the number of whites le aving South for North were twice as those leaving North to South, this contributed to aggressive- defensive political activities of the South. These political animosities enhanced the prevailing tensions between the two parts culminating in the civil war.(Foner, 1970) Other historians argue that, people who owned slaves were the highly modernized people in the South. Traditional people were the ones and this group included the middle class whites who had no slave or owned a few number of slaves. The South common people struggled for secession as they believed in a slogan of â€Å"freedom is not possible without slavery† they also believed that slavery led to social equality between whites. On the other hand the Northerners particularly the republicans did have a varied interpretation of the principle of 1776.This varied ideology is among the main causes of tensions between the Southern states and the Northern states and is among the many reason why the two regions had to figh t the civil war. (Foner, 1970) States’ rights The rights of states was another issue that contributed to the war, Debate on if the Union was the one older than states or the other way opposite fueled the on going debate on rights of states. The debate was on if the federal government was should have a lot of power over states or if the federation was just made up of sovereign states that had more powers than the federal, this argument added to the on going controversy.According to Stampp (1956), each part used rights of states arguments to their convenient position and changed positions when not convenient. Stampp (1956) points out that, Vice President Alexander Stephens of the South confederate as one example of the Southern states leader who termed slavery as â€Å"cornerstone of the confederacy† at the beginning of the war. The Vice President further said that, civil war was not in regard to slavery; it was about states rights when the Southern states were defeated. Thus, the issue of states rights created a lot of controversies that were among the many causes of the civil war. (Stampp, 1956) Who or what was to â€Å"blame† for the Civil War What to blame; Slavery The questions remains was the war about slavery? The answer is yes. So slavery was to blame for the war. Supposing that there was no slavery then the war could not have happened. Or supposing that, there was no disagreement about slavery issue, the South probably would not have felt that their culture was being threatened, and the Southern politician would not have sought to protect their â€Å"rights to secede.† (Stampp 1956) However, the war was not only about slavery it was also about the constitutional rights of the states, if it had powers to leave the Union. Though, the North never went to the war to stop slavery, nor did president Abraham Lincoln have an agenda of stopping the war ones he became president, it is clear the differences in understanding of the slaver y issue was a major contribution to the civil war. Being moral issue slavery caused division in political leaders of the South and the North and created the tensions that existed by then leading to the war.(Stampp, 1956) Who to blame; Politicians The main blame of the war goes to the politicians who were political leaders on both sides of the North and the South. The South depended on economic system that relied heavily on slavery, their leaders such as William Lowders Yancey of Alabama and Robert Barnwell Rhett of South Carolina who was known as â€Å"fire eaters† knew that supposing the South lost its slaves, then, it would undergo hard social and economic effects that will ultimately break the economy of the South.(Stampp, 1956) Hence, any political activities that threatened the end of slavery in the South received the whole attention of political leaders of the South many of whom owned slaves and who were ready to go for war to ensure that their â€Å"rights† were protected. These political leaders were able to influence many Southerners that it was important to fight, in convincing the people their mainly justified the war by arguments which indirectly referred to slavery issue. The politicians of the North states were divided concerning the slavery issue and did not intended to go on war over that issue.However, they took a political stand of fighting when war came, similarly they can also be blamed for the war. (Stampp, 1956) Could the war be avoided? Ever since the end of the American war, there have been arguments on whether the war was inevitable or could be avoided. The question illicit different answers according to the perspective one is looking the issue from. The war was inevitable and was bound to happen. This is because the ideologies being held by the South and the North were different.In a situation where political differences are so pronounced it becomes hard for the two opposing sides to solve their differences amicable. Bas ing in mind that, what was at stake was a lot; economic consideration, freedom, democracy and the issue of slavery it could have been hard to avoid the war. In addition the politicians especially from the south felt threaten and had to assert the power. Basically unless there was change of ideology on either side war was inevitable. Conclusion The civil war of America basically occurred because of differences in political ideology brought about by slavery.Slavery was a moral and economical issue that created a big rift between the Southern states and the United States (union). Before the war, fractured political system resulted in widening of the rift. Another reason that caused the war was the need of states to have more freedom by seceding from the federation this coupled with other complex issues especially economic ones were the major reason why the war occurred. In addition politicians particularly from the South who felt that their culture was being threaten also contributed a lot to the war.As mention before slavery was the main cause of this who as one historian puts it â€Å"without slavery there would not have been a civil war. † (Stampp, 1956) Though, the war resulted in a lot of loss of life, damages and injuries, it greatly helped to correct the historical mistake of slavery and to emancipate the slaves, and bring equality and freedom to many slaves. References Foner, E (1970); Free Soil, Free Labor, Free Men; Oxford press Holt, M. F. (1978): Political Crisis of the 1850s; Wiley, Levine, B (1992). Half Slave and Half Free; Hill and Wang, Stampp, K (1956): Peculiar Institution. Knopf

Thursday, October 10, 2019

Friedrich Von Hayek – Law, Legislation and Liberty

t of e ofj â€Å"cc L AW, LEGISLATION AND LIBERTY This is Hayek's major statement of political philosophy. Rejecting Marx, Freud, logical positivism and political egalitarianism, Hayek shows that the naive application of scientific methods to culture and education has been harmful and misleading, creating superstition and error rather than an age of reason and culture. Law, Legislation and Liberty combines all three volumes of Hayek's comprehensive study on the basic principles of the political order of a free society.Rules and Order deals with the basic conceptions necessary for a critical analysis of prevailing theories of justice and of conditions which a constitution securing personal liberty would have to satisfy. The Mirage of Social Justice presents a critical analysis of the theories of utilitarianism, legal positivism and ‘social justice'. The Political Order of a Free People demonstrates that the democratic ideal is in danger of miscarrying due to confusions of egali tarianism and democracy, erroneous assumptions that there can be moral standards without moral discipline, and that tradition can be ignored in proposals for restructuring society.F. A. Hayek became both a Doctor of Law and a Doctor of Political Science at the University of Vienna. He was made the first Director of the Austrian Institute of Economic Research and in 1931 was appointed to a chair at the London School of Economics. In 1950 he went to the University of Chicago as Professor of Social and Moral Sciences and then became Professor of Economics at the Albert-Ludwigs-Universitat of Frieburg and Professor Emeritus in 1967. He was also a Fellow of the British Academy and was awarded a Nobel Memorial Prize in Economics in 1974. Hayek died in 1992. L AW, LEGISLATION AND LIBERTYA new statement of the liberal principles of justice and political economy Volume 1 RULES AND ORDER Volume 2 THE MIRAGE OF SOCIAL JUSTICE Volume 3 THE POLITICAL ORDER OF A FREE PEOPLE F. A. Hayek Vol. 1 Rul es and Order first published 1973 Vol. 2 The Mirage of Social Justice first published 1976 Vol. 3 The Political Order of a Free People first published 1979 First published in one volume with corrections and revised preface in 1982 by Routledge & Kegan Paul Ltd. Reprinted 1993, 1998 by Routledge 11 New Fetter Lane, London EC4P 4EE  © F. A. Hayek 1973, 1976, 1979, 1982 Printed and bound in Great Britain by T. l.International Ltd, Padstow, Cornwall All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library ISBN 0-415-09868-8 C ONTENTS Volume 1 RULES AND ORDER xv CONSOLIDATED PREFACE INTRODUCTION 8 REASON AND EV OLUTION Construction and evolutionThe tenets of Cartesian rationalism The permanent limitations of our factual knowledge Factual knowledge and science The concurrent evolution of mind and society: the role of rules The false dichotomy of ‘natural' and ‘artificial' The rise of the evolutionary approach The persistence of constructivism in current thought Our anthropomorphic language Reason and abstraction Why the extreme forms of constructivist rationalism regularly lead to a revolt against reason 2 8 9 11 15 17 20 22 24 26 29 31 COSMOS AND TAXIS 35 The concept of order The two sources of order The distinguishing properties of spontaneous orders Spontaneous orders in natureIn society, reliance on spontaneous order both extends and limits our powers of control Spontaneous orders result from their elements obeying certain rules of conduct The spontaneous order of society is made up of individuals and organizations 35 36 38 39 v 41 43 46 C ONTENTS The rules of spon taneous o rders and the rules of organization The terms ‘organism' and ‘organization' 5 55 55 67 THE CHANGING CONCEPT OF LAW 72 Law is older than legislation The lessons of ethology and cultural anthropology The process 0. [ articulation of practices Factual and normative rules Early law The classical and the medieval traditionThe distinctive attributes of law arising from custom and precedent Why grown law requires correction by legislation The origin of legislative bodies Allegiance and sovereignty 4 PRINCIPLES AND EXPEDIENCY Individual aims and collective benefits Freedom can be preserved only by following principles and is destroyed by following expediency The ‘necessities' of policy are generally the consequences of earlier measures The danger ofattaching greater importance to the predictable rather than to the merely possibleconsequences ofour actions Spurious realisln and the required courage to consider utopia The role of the lawyer in political evolutionThe modern d evelopment of law has been guided largely by false economics 3 48 52 72 74 76 78 81 82 85 88 89 91 NOMOS: THE LAW OF LIBERTY 94 The functions of the judge How the task of the judge differs fro In that of the head of an organization The aiJn of jurisdiction is the Inaintenance of an ongoing order of actions ‘Actions towards others' and the protection ofexpectations 94 vi 56 59 61 62 65 97 98 101 C ONTENTS In a dynamic order of actions only some expectations can be protected The maximal coincidence of expectations is achieved by the deli/nitation of protected domains The general problem of the effects of values on factsThe ‘purpose' of law The articulations of the law and the predictability of judicial decisions Thefunction ofthejudge is confined to a spontaneous order Conclusions 6 THESIS: THE LAW OF LEGISLATION Legislation originates from the necessity of establishing rules of organization Law and statute-the enforcement of law and the execution of commands Legislation a nd the theory of the separation of powers The governmental functions of representative asselnblies Private law and public law Constitutional law Financial legislation Administrative law and the police power The ‘In easures , of policyThe transformation of private law into public law by ‘social'legislation The Inental bias ofa legislature preoccupied with governlnent 102 106 110 112 115 118 122 124 124 126 128 129 131 134 136 137 139 141 143 145 NOTES vii C ONTENTS Volume 2 THE MIRAGE OF SOCIAL JUSTICE 7 GENERAL WELFARE AND PARTICULAR PURPOSES In a free society the general good consists principally in the facilities for the pursuit of unknown purposes The general interest and collective goods Rules and ignorance The significance of abstract rules in a world in which most of the particulars are unknown Will and opinion, ends and values, commands and rules, nd other terminological issues Abstract rules operate as ultimate values because they serve unknown particular ends Th e constructivist fallacy of utilitarianism All valid criticism or improvement of rules of conduct must proceed within a given system of rules ‘Generalization' and the test of universalizabiiity To perform their functions rules must be applied throughout the long run 8 29 THE QUEST FOR JUSTICE 31 Justice is an attribute of human conduct Justice and the law Rules of just conduct are generally prohibitions of unjust conduct Not only the rules ofjust conduct, but also the test of their justice, are negativeThe significance of the negative character of the test of injustice The ideology of legal positivism The ‘pure theory of law' 31 34 viii 1 6 8 11 12 15 17 24 27 35 38 42 44 48 C ONTENTS Law and morals The ‘law of nature' Law and sovereignty 9 56 61 ‘SOCIAL' OR DISTRIBUTIVE JUSTICE 62 59 The concept of ‘social justice' The conquest of public imagination by ‘social justice' The inapplicability of the concept ofjustice to the results of a spontaneous p rocess The rationale of the economic game in which only the conduct of the players but not the result can be just The alleged necessity of a belief in the justice of rewardsThere is no ‘value to society' The meaning of ‘social' ‘Social justice' and equality ‘Equality of opportunity' ‘Social justice' and freedom under the law The spatial range of ‘social justice' Claims for compensation for distasteful jobs The resentment of the loss of accustomed positions Conclusions APPENDIX TO CHAPTER 9 62 65 67 70 73 75 78 80 84 85 88 91 93 96 JUSTICE AND 101 INDIVIDUAL RIGHTS lOT HEM ARK E TOR DE R 0 RCA TAL L A X Y The nature of the market order A free society is a pluralistic society without a common hierarchy of ends Though not asingle economy, the Great Society is still held ogether by what vulgarly are called economic relations The aim of policy in a society offree men cannot be a maximum offoreknown results but only an abstract order The game of catalla xy In judging the adaptations to changing circumstances comparisons of the new with the former position are irrelevant ix 107 107 109 112 114 115 120 C ONTENTS Rules of just conduct protect only material domains and not market values The correspondence of expectations is brought about by a disappointment of some expectations Abstract rules of conduct can determine only chances and not particular results Specific comlnands (‘interference') in a catallaxy create isorder and can never be just The aim of law should be to improve equally the chances of all The Good Society is one in which the chances of anyone selected at random are likely to be as great as possible 11 123 124 126 128 129 132 THE DISCIPLINE OF ABSTRACT RULES AND THE EMOTIONS OF THE TRIBAL SOCIETY 133 The pursuit of unattainable goals may prevent the achievement of the possible The causes of the revival of the organizational thinking of the tribe The immoral consequences of morally inspired efforts In the Great Soci ety ‘social justice' becomes a disruptive force From the care of the most unfortunate to the protection f vested interests Attempts to ‘correct' the order of the market lead to its destruction The revolt against the discipline of abstract rules The morals of the open and of the closed society The old conflict between loyalty and justice The small group in the Open Society The importance of voluntary associations 149 150 NOTES 153 x 133 134 135 137 139 142 143 144 147 C ONTENTS Volume 3 THE POLITICAL ORDER OF A FREE PEOPLE 12 MAJORITY OPINION AND CONTEMPORARY DEMOCRACY The progressive disillusionment about democracy Unlimited power the fatal effect of the prevailing form of democracy The true content of the democratic idealThe weakness of an elective assembly with unlimited 3 5 8 powe~ Coalitions of organized interests and the apparatus of para-government Agreement on general rules and on particular measures 13 13 17 THE DIVISION OF DEMOCRATIC POWERS 20 The loss of the or iginal conception of the functions of a legislature Existing representative institutions have been shaped by the needs of government, not of legislation Bodies with powers of specific direction are unsuitedfor law-making The character of existing ‘legislatures' determined by their governmental tasks Party legislation leads to the decay of democratic societyThe constructivistic superstition of sovereignty The requisite division of the powers of represen tative assemblies Democracy or demarchy? xi 20 22 25 27 31 33 35 38 C ONTENTS 14 THE PUBLIC SECTOR AND THE PRIVATE SECTOR The double task of government Collective goods The delimitation of the public sector The independent sector Taxation and the size of the public sector Security Government monopoly of services Information and education Other critical issues 15 41 41 43 46 49 51 54 56 60 62 GOVERNMENT POLICY AND THE MARKET 65 The advantages of competition do not depend on it being ‘perfect' Competition as a discovery proc edureIf the factual requirements of ‘perfect' competition are absent, it is not possible to makefirms act ‘as if' it existed The achievemen ts of the free market Competition and rationality Size, concentration and power The political aspects of economic power When monopoly becomes harmful The problem of anti-monopoly legislation Not individual, but group selfishness is the chief threat The consequences of a political determination of the incomes of the different groups Organizable and non-organizable interests 16 65 67 70 74 75 77 80 83 85 89 93 96 THE MISCARRIAGE OF THE DEMOCRATIC IDEAL: A RECAPITUALATION The miscarriage of the democratic idealA ‘bargaining' democracy The playball of group interests Laws versus directions Laws and arbitrary government Froln unequal treatment to arbitrariness Separation of powers to prevent unlimited governlnent xii 98 98 99 99 100 101 102 104 C ONTENTS 17 105 The wrong turn taken by the development ofrepresentative institutions Th e value of a model of an ideal constitution The basic principles The two representative bodies with distinctive functions Further observations on representation by age groups The governmental assembly The constitutional court The general structure of authority Emergency powers The division offinancial powers 8 A MODEL CONSTITUTION 105 107 109 111 117 119 120 122 124 126 THE CONTAINMENT OF POWER AND THE DETH RONEM ENT OF POL ITICS 128 Lilnited and unlimited power Peace, freedom and justice: the three great negatives Centralization and decentralization The rule of the Inajority versus the rule of laws approved by the majority Moral confusion and the decay of language Democratic procedure and egalitarian objectives ‘State' and ‘society' A game according to rules can never know justice of treatment The para-government of organized interests and the hypertrophy of go vern men t Unlimited democracy and centralizationThe devolution of internal policy to local government The abo lition of the government monopoly of services The dethronement ofpolitics 128 130 132 133 135 137 139 141 143 145 146 147 149 EPILOGUE: THE THREE SOURCES OF HUMAN VALUES 153 The errors of sociobiology The process of cultural evolution The evolution of self-maintaining complex systems The stratification of rules of conduct 153 155 158 159 xiii C ONTENTS Customary rules and economic order The discipline offreedom The re-emergence of suppressed primordial instincts Evolution, tradition and progress The construction of new morals to serve old instincts: A1arxThe destruction ofindispensable values by scientific error: Freud The tables turned 161 163 165 168 169 173 175 177 NOTES I N DE X 0 F AUT H 0 R SCI TED I N VOL U M E S SUBJECT INDEX TO VOLUMES xiv 1-3 1- 3 209 217 C ONSOLIDATED PREFACE TO ONE-VOLUME EDITION At last this work can appear in the form it was intended to take when I started on it nearly twenty years ago. Half way through this period, when a first draft was nearly comple ted, a weakening of my powers, which fortunately proved to be temporary, made me doubt whether I should ever be able to complete it and led me to publish in 1973 a fully completed part of what were to become three eparate volumes. When a year later I found my powers returning I discovered that various circumstances made substantial revisions necessary of even those further parts of the draft which I had thought to be in fairly finished state. As I explained in the preface to the second volume, which appeared in 1976, the chief reason was my dissatisfaction with that central chapter which gave that volume its sub-title The Mirage of Social Justice. This account] had better repeat here: I had devoted to this subject an enormous chapter in which I had tried to show for a large number of instances that what as claimed as demanded by ‘social justice' could not be justice because the underlying consideration (one could hardly call it a principle) was not capable of general applicati on. The point I was then mainly anxious to demonstrate was that people would never be able to agree on what ‘social justice' required, and that any attempt to determine remunerations according to what it was thought was demanded by justice would make the market unworkable. I have now become convinced, however, that the people who habitually employ the phrase simply do not know themselves what they mean by t and just use it as an assertion that a claim is justified ‘without giving a reason for it. In my earlier efforts to criticize the concept I had all the time the feeling that I was hitting into a void and I finally attempted, what in such cases one ought to do in the first xv P REFACE instance, to construct as good a case in support of the ideal of ‘social justice' as was in my power. It was only then that I perceived that the Emperor had no clothes on, that is, that the term ‘social justice' was entirely empty and meaningless. As the boy in Hans Christian Andersen's story, I ‘could not see anything, because there was nothing to be seen. The more I tried to give it a definite meaning the more it fell apart-the intuitive feeling of indignation which we undeniably often experience in particular instances proved incapable of being justified by a general rule such as the conception of justice demands. But to demonstrate that a universally used expression which to many people embodies a quasi-religious belief has no content whatever and serves merely to insinuate that we ought to consent to a demand of some particular group is much more difficult than to show that a conception is wrong.In these circumstances I could not content myself to show that particular attempts to achieve ‘social justice' would not work, but had to explain that the phrase meant nothing at all, and that to employ it was either thoughtless or fraudulent. It is not pleasant to have to argue against a superstition which is held most strongly by men and women who are often regarded as the best in our society, and against a belief that has become almost the new religion of our time (and in which many of the ministers of old religion have found their refuge), and which has become the recognized mark of the good man.But the present universality of that belief proves no more the reality of its object than did the universal belief in witches or the philosopher's stone. Nor does the long history of the conception of distributive justice understood as an attribute of individual conduct (and now often treated as synonymous with ‘social justice') prove that it has any relevance to the positions arising from the market process. I believe indeed that the greatest service I can still render to my fellow men would be if it were in my power to make them ashamed of ever again using that hollow incantation.I felt it my duty at least to try and free them of that incubus which today makes fine sentiments the instruments for the destruction of all va lues of a free civilization-and to try this at the risk of gravely offending many the strength of whose moral feelings I respect. xvi P REFACE The present version of the central chapter of this volume has in consequence of this history in some respects a slightly different character from the rest of the volume which in all essentials was completed six or seven years earlier. There was, on the one hand, nothing I could positively demonstrate but y task was to put the burden of proof squarely on those who employ the term. On the other hand, in re-writing that chapter I no longer had that easy access to adequate library facilities which I had when I prepared the first draft of this volume. I have in consequence not been able in that chapter systematically to take account of the more recent literature on the topics I discussed as I had endeavoured to do in the rest of this volume. In one instance the feeling that I ought to justify my position vis-a-vis a major recent work has also cont ributed to delay the completion of this volume.But after careful consideration I have come to the conclusion that what I might have to say about John Rawls' A Theory of Justice (1972) would not assist in the pursuit of my immediate object because the differences between us seemed more verbal than substantial. Though the first impression of readers may be different, Rawls' statement which I quote later in this volume (p. 100) seems to me to show that we agree on what is to me the essential point. Indeed, as I indicate in a note to that passage, it appears to me that Rawls has been widely misunderstood on this central issue.The preface to the third volume, which ultimately appeared in 1979, gives a similar account of the further development that also had better be repeated here: Except for what are now the last two chapters, most of it was in fairly finished form as long ago as the end of 1969 when indifferent health forced me to suspend the efforts to complete it. It was then, indeed , doubt whether I would ever succeed in doing so which made me decide to publish separately as volume 1 the first third of what had been intended to form a single volume, because it was in completely finished form. When I was able to return to ystematic work I discovered, as I have explained in the preface to volume 2, that at least one chapter of the original draft of that part required complete re-writing. Of the last third of the original draft only what was xvii P REFACE intended to be the last chapter (chapter 18) had not been completed at the time when I had discontinued work. But while I believe I have now more or less carried out the original intention, over the long period which has elapsed my ideas have developed further and I was reluctant to send out what inevitably must be my last systematic work without at east indicating in what direction my ideas have been moving. This has had the effect that not only what was meant to be the concluding chapter contains a good deal o f, I hope, improved re-statements of arguments I have developed earlier, but that I found it necessary to add an Epilogue which expresses more directly the general view of moral and political evolution which has guided me in the whole enterprise. I have also inserted as chapter 16 a brief recapitulation of the earlier argument. There were also other causes which have contributed to delay completion. As I had hesitated whether I ought to ublish volume 2 without taking full account of the important work of John Rawls, A Theory of Justice (Oxford, 1972), two new important books in the field have since appeared which, if I were younger, I should feel I must fully digest before completing my own survey of the same kind of problems: Robert Nozik, Anarchy, State and Utopia (New York, 1974) and Michael Oakeshott, On Human Conduct (Oxford, 1975). Rightly or wrongly I finally decided that if I made an effort fully to absorb their argument before concluding my own exposition, I would probably never do this. But I regard it as my duty to tell the younger readers that they cannot fully omprehend the present state of thought on these issues unless they make that effort which I must postpone until I have completed the statement of the conclusions at which I had arrived before I became acquainted with these works. The long period over which the present work has been growing also had the effect that I came to regard it as expedient to change my terminology on some points on which I should warn the reader. It was largely the growth of cybernetics and the related subjects of information and system theory which persuaded me that expression other than those which I habitually used may be more readily comprehensible o the contemporary reader. Though I still like and occasionally use the term ‘spontaneous order', I agree that xviii P REFACE ‘self-generating order' or ‘self-organizing structures' are sometimes more precise and unambiguous and therefore frequently us e them instead of the former term. Similarly, instead of ‘order', in conformity with today's predominant usage, I occasionally now use ‘system'. Also ‘information' is clearly often preferable to where I usually spoke of ‘knowledge', since the former clearly refers to the knowledge of particular facts rather than theoretical knowledge to which plain ‘knowledge' might be thought to refer.Finally, since ‘constructivist' appears to some people still to carry the commendatory connotation derived from the adjective ‘constructive', I felt it advisable, in order clearly to bring out the deprecatory sense in which I use that term (significantly of Russian origin) to employ instead the, I am afraid, still more ugly term ‘constructivistic'. I should perhaps add that I feel some regret that I have not had the courage consistently to employ certain other neologisms I had suggested, such as ‘cosmos', ‘taxis', ‘nomos', ‘thesis ', ‘catallaxy' and ‘demarchy'.But what the exposition has thereby lost in precision it will probably have gained in ready intelligibility. Perhaps I should also again remind the reader that the present work was never intended to give an exhaustive or comprehensive exposition of the basic principles on which a society of free man could be maintained, but was rather meant to fill the gaps which I discovered after I had made an attempt to restate, in The Constitution of Liberty, for the contemporary reader the traditional doctrines of classical liberalism in a form suited to contemporary problems and thinking.It is for this reason a much less complete, much more difficult and personal but, I hope, also more original work than the former. But it is definitely supplementary to and not a substitute for it. To the non-specialist reader I would therefore recommend reading The Constitution of Liberty before he proceeds to the more detailed discussion or particular examination of problems to which I have attempted solutions in these volumes. But they are intended to explain why I still regard what have now long been treated as antiquated beliefs as greatly superior to any alternative octrines which have recently found more favour with the public. The reader will probably gather that the whole work has xix P REFACE been inspired by a growing apprehension about the direction in which the political order of what used to be regarded as the most advanced countries is teuding. The growing conviction, for which the book gives the reasons, that this threatening development towards a totalitarian state is made inevitable by certain deeply entrenched defects of construction of the generally accepted type of ‘democratic' government has forced me to think through alternative arrangements.I would like to repeat here that, though I profoundly believe in the basic principles of democracy as the only effective method which we have yet discovered of making peaceful cha nge possible, and am therefore much alarmed by the evident growing disillusionment about it as a desirable Inelhod of government-much assisted by the increasing abuse of the word to indicate supposed ailns of governmentI am becoming more and more convinced that we are moving towards an impasse from which political leaders will offer to extricate us by desperate means. When the present volume leads up to a proposal of basic lteration of the structure of democratic government, which at this time most people will regard as wholly impractical, this is meant to provide a sort of intellectual stand-by equipment for the time, which may not be far away, when the breakdown of the existing institutions becomes unmistakable and when I hope it may show a way out. It should enable us to preserve what is truly valuable in democracy and at the same time free us of its objectionable features which most people still accept only because they regard them as inevitable. Together with the similar stand- by scheme I have proposed for depriving overnment of the monopolistic powers of control of the supply of money, equally necessary if we are to escape the nightmare of increasingly totalitarian powers, which I have recently outlined in another publication (Denationalisation of Money, 2nd edn, Institute of Economic Affairs, London, 1978), it proposes what is a possible escape from the fate which threatens us. I shall be content if I have persuaded some people that if the first experiment of freedom we have tried in modern times should prove a failure, it is not because freedom is an impracticable ideal, but because we have tried it the wrong way. xx P REFACEI trust the reader will forgive a certain lack of system and some unnecessary repetitions in an exposition which has been written and re-written over a period of fifteen years, broken by a long period of indifferent health. I am very much aware of this, but if I tried in my eightieth year to recast it all, I shall probably never co mplete the task. The Epilogue I added to that volume before publication indicates that even during the period of restricted activity my ideas have continued to develop imperceptibly more than I was aware before I attempted to sketch my present general view of the whole position in a public lecture.As I said in the concluding words of the present text, it became clear to me that what I said in that Epilogue should not be an Epilogue but a new beginning. I am glad to be able to say now that it has turned out to be such and that that Epilogue has become the outline of a new book of which I have now completed a first draft. There are a few acknowledgments that I ought to repeat here. Some ten years ago Professor Edwin McClellan of the University of Chicago had again, as on earlier occasions, taken great trouble to make my exposition more readable than I myself could have done.I am deeply grateful for his sympathetic efforts but should add, that since even in the early parts the draft on which he has worked has since undergone further change, he must not be held responsible for whatever defects the present version still has. I have however incurred further obligations to Professor Arthur Shenfield of London who has gone through the final text of the third volume and corrected there a variety of substantial as well as stylistic points, and to Mrs Charlotte Cubitt who, in preparing the final copy of that volume, has further polished the text.I am also much indebted to Mrs Cornelia Crawford of Irvington-on-Hudson, New York, who has again applied her proven skill and understanding in preparing the subject index giving references to all three still separately paginated volumes. xxi L AW, LEGISLATION AND LIBERTY Volume 1 RULES AND ORDER Intelligent beings may have laws of their own making; but they also have some which they never made. (Montesquieu, De l'Esprit des lois, I, p. i) I NTRODUCTIONThere seems to be only one solution to the problem: that the elite of mankind a cquire a consciousness of the limitation of the human mind, at once simple and profound enough, humble and sublime enough, so that Western civilisation will resign itself to its inevitable disadvantages. G. Ferrero* When Montesquieu and the framers of the American Constitution articulated the conception of a limiting constitution 1 that had grown up in England, they set a pattern which liberal constitutionalism has followed ever since.Their chief aim was to provide institutional safeguards of individual freedom; and the device in which they placed their faith was the separation of powers. In the form in which we know this division of power between the legislature, the judiciary, and the administration, it has not achieved what it was meant to achieve. Governments everywhere have obtained by constitutional means powers which those men had meant to deny them. The first attempt to secure individual liberty by constitutions has evidently failed. Constitutionalism means limited governmen t. But the interpretation given to the traditional formulae of constitutionalism has made it possible to reconcile these with a conception of democracy according to which this is a form of government where the will of the majority on any particular matter is unlimited. 3 As a result it has already been seriously suggested that constitutions are an antiquated survival which have no place in the modern conception of government. 4 And, indeed, what function is served by a constitution which makes omnipotent government possible?Is its function to be merely that governments work smoothly and efficiently, whatever their aims? In these circumstances it seems important to ask what those founders of liberal constitutionalism would do today if, pursuing I NTRODUCTION the aims they did, they could command all the experience we have gained in the meantime. There is much we ought to have learned from the history of the last two hundred years that those men with all their wisdom could not have kn own. To me their aims seem to be as valid as ever.But as their means have proved inadequate, new institutional invention is needed. In another book I have attempted to restate, and hope to have in some measure succeeded in clarifying, the traditional doctrine of liberal constitutionalism. 5 But it was only after I had completed that work that I came to see clearly why those ideals had failed to retain the support of the idealists to whom all the great political movements are due, and to understand what are the governing beliefs of our time which have proved irreconcilable with them.It seems to me now that the reasons for this development were chiefly: the loss of the belief in a justice independent of personal interest; a consequent use of legislation to authorize coercion, not merely to prevent unjust action but to achieve particular results for specific persons or groups; and the fusion in the same representative assemblies of the task of articulating the rules of just conduct wit h that of directing government.What led me to write another book on the same general theme as the earlier one was the recognition that the preservation of a society of free men depends on three fundamental insights which have never been adequately expounded and to which the three main parts of this book are devoted. The first of these is that a selfgenerating or spontaneous order and an organization are distinct, and that their distinctiveness is related to the two different kinds of rules or laws which prevail in them.The second is that what today is generally regarded as ‘social' or distributive justice has meaning only within the second of these kinds of order, the organization; but that it is meaningless in, and wholly incompatible with, that spontaneous order which Adam Smith called ‘the Great Society', and Sir Karl Popper called ‘the Open Society'.The third is that the predominant model of liberal democratic institutions, in which the san1e representative bod y lays down the rules of just conduct and directs government, necessarily leads to a gradual transformation of the spontaneous order of a free society into a totalitarian system conducted in the service of some coalition of organized interests. This development, as I hope to show, is not a necessary consequence of democracy, but an effect only of that particular form of unlimited government vvith which delllocracy has come to be identi2 I NTRODUCTION fied.If I aln right, it would indeed seem that the particular form of representative government which now prevails in the Western world, and vhich many feel they must defend because they nlistakenly regard it as the only possible form of democracy, has an inherent tendency to lead away from the ideals it was intended to serve. It can hardly be denied that, since this type of democracy has come to be accepted, we have been moving away from that ideal of individual liberty of which it had been regarded as the surest safeguard, and are now drifting towards a system â€Å",~hich nobody wanted.Signs are not wanting, however, that unlimited democracy is riding for a fall and that it will go down, not with a bang, but with a whimper. It is already becoming clear that many of the expectations that have been raised can be met only by taking the powers of decision out of the hands of democratic assemblies and entrusting them to the established coalitions of organized interests and their hired experts. Indeed, we are already told that the function of representative bodies has become to ‘mobilize consent', 6 that is, not to express but to manipulate the opinion of those whom they represent.Sooner or later the people will discover that not only are they at the mercy of new vested interests, but that the political machinery of para-government, which has grown up as a necessary consequence of the provision-state, is producing an impasse by preventing society from making those adaptations which in a changing world are requ ired to maintain an existing standard of living, let alone to achieve a rising one. It will probably be some time before people will admit that the institutions they have created have led them into such an impasse. But it is probably not too early to begin thinking about a way out.And the conviction that this will demand some drastic revision of beliefs now generally accepted is what makes me venture here on some institutional invention. If I had known when I published The Constitution of Liberty that I should proceed to the task attempted in the present work, I should have reserved that title for it. I then used the term ‘constitution' in the wide sense in which we use it also to describe the state of fitness of a person. It is only in the present book that I address myself to the question of what constitutional arrangements, in the legal sense, might be most conducive to the preservation of individual freedom.Except for a bare hint which fev readers will have noticed,7 I con fined myself in the earlier book to stating the principles which the existing types of government would have 3 I NTRODUCTION to follow if they wished to preserve freedom. Increasing awareness that the prevailing institutions make this impossible has led me to concentrate more and more on what at first seemed merely an attractive but impracticable idea, until the utopia lost its strangeness and came to appear to me as the only solution of the problem in which the founders of liberal constitutionalism failed.Yet to this problem of constitutional design I turn only in volume 3 of this work. To make a suggestion for a radical departure from established tradition at all plausible required a critical re-examination not only of current beliefs but of the real meaning of some fundamental conceptions to which we still pay lip-service. In fact, I soon discovered that to carry out what I had undertaken would require little less than doing for the twentieth century what Montesquieu had done for the eighteenth.The reader will believe me when I say that in the course of the work I more than once despaired of my ability to come even near the aim I had set myself. I am not speaking here of the fact that Montesquieu was also a great literary genius whom no mere scholar can hope to emulate. I refer rather to the purely intellectual difficulty which is a result of the circumstance that, while for Montesquieu the field which such an undertaking must cover had not yet split into numerous specialisms, it has since become impossible for any man to master even the most important relevant works.Yet, although the problem of an appropriate social order is today studied from the different angles of economics, jurisprudence, political science, sociology, and ethics, the problem is one which can be approached successfully only as a whole. This means that whoever undertakes such a task today cannot claim professional competence in all the fields with which he has to deal, or be acquainted w ith the specialized literature available on all the questions that arise.Nowhere is the baneful effect of the division into specialisms more evident than in the two oldest of these disciplines, economics and law. Those eighteenth-century thinkers to whom we owe the basic conceptions of liberal constitutionalism, David Hume and Adam Smith, no less than Montesquieu, were still concerned with what some of them called the ‘science of legislation', or with principles of policy in the widest sense of this term.One of the main themes of this book will be that the rules of just conduct which the lawyer studies serve a kind of order of the character of which the lawyer is largely ignorant; and that this order is studied chiefly by the economist who in turn is similarly ignorant of the character of 4 I NTRODUCTION the rules of conduct on which the order that he studies rests. The most serious effect of the splitting up among several specialisms of what was once a common field of inquiry , however, is that it has left a no-man's-land, a vague subject sometimes called ‘social philosophy'.Some of the chief disputes within those special disciplines turn, in fact, on differences about questions which are not peculiar to, and are therefore also not systematically examined by, anyone of them, and which are for this reason regarded as ‘philosophical'. This serves often as an excuse for taking tacitly a position which is supposed either not to require or not to be capable of rational justification. Yet these crucial issues on which not only factual interpretations but also political positions wholly depend, are questions which can and must be answered on the basis of fact and logic.They are ‘philosophical' only in the sense that certain widely but erroneously held beliefs are due to the influence of a philosophical tradition which postulates a false answer to questions capable of a definite scientific treatment. In the first chapter of this book I attempt to show that certain widely held scientific as well as political views are dependent on a particular conception of the formation of social institutions, which I shall call ‘constructivist rationalism' -a conception which assumes that all social institutions are, and ought to be, the product of deliberate design.This intellectual tradition can be shown to be false both in its factual and in its normative conclusions, because the existing institutions are not all the product of design, neither would it be possible to make the social order vvholly dependent on design without at the same time greatly restricting the utilization of available knowledge. That erroneous view is closely connected with the equally false conception of the human mind as an entity standing outside the cosmos of nature and society, rather than being itself the product of the same process of evolution to which the institutions of society are due.I have indeed been led to the conviction that not only some of the scientific but also the most important political (or ‘ideological') differences of our time rest ultimately on certain basic philosophical differences between two schools of thought, of which one can be shown to be mistaken. They are both commonly referred to as rationalism, but I shall have to distinguish between them as the evolutionary (or, as Sir Karl Popper calls it, ‘critical') rationalism on the one hand, and the erroneous constructivist (Popper's naIve') rationalism on the other. If the constructivist rationalism 5 I NTRODUCTION can be shovn to be based on factually false assumptions, a whole family of schools of scientific as well as political thought will also be proved erroneous. In the theoretical fields it is particularly legal positivisn1 and the connected belief in the necessity of an unlimited ‘sovereign' pover which stand or fall vith this error.The same is true of utilitarianism, at least in its particularistic or ‘act' variety; also, I am afraid that a not inconsiderable part of what is called ‘sociology' is a direct child of constructivisn1 when it presents its aims as ‘to create the future of mankind' 8 or, as one writer put it, claims ‘that socialism is the logical and inevitable outcome of sociology'. 9 All the totalitarian doctrines, of vhich socialism is merely the noblest and most influential, indeed belong here.They are false, not because of the values on vhich they are based, but because of a misconception of the forces vhich have Inade the Great Society and civilization possible. r-rhe demonstration that the differences between socialists and non-socialists ultimately rest on purely intellectual issues capable of a scientific resolution and not on different judgments of value appears to me one of the most important outcomes of the train of thought pursued in this book.It appears to me also that the same factual error has long appeared to make insoluble the most crucial problem of politi cal organization, namely ho† to limit the ‘popular will' vithout placing another ‘†rill' above it. As soon as ve recognize that the basic order of the Great Society cannot rest entirely on design, and can therefore also not aim at particular foreseeable results, we see that the requirement, as legitilnation of all authority, of a commitment to general principles approved by general opinion, Inay well place effective restrictions on the particular yill of all authority, including that of the Inajority of the rnoment.On these issues vhich vill be my main concern, thought seems to have made little advance since David Hume and Imlnanuel Kant, and in several respects it vill be at the point at which they left off that our analysis will have to resume. It was they who came nearer than anybody has done since to a clear recognition of the status of values as independent and guiding conditions of all rational construction.What I am ultimately concerned with here, alth ough I can deal only vith a small aspect of it, is that destruction of values by scientific error which has increasingly come to seem to me the great tragedy of our time-a tragedy, because the values which scientific error tends to dethrone are the indispensable foundation of all our 6 I NTRODUCTION civilization, including the very scientific efforts which have turned against them.The tendency of constructivism to represent those values which it cannot explain as determined by arbitrary human – decisions, or acts of will, or mere emotions, rather than as the necessary conditions of facts which are taken for granted by its expounders, has done much to shake the foundations of civilization, and of science itself, which also rests on a system of values which cannot be scientifically proved. 7 ONE REASON AND EVOLUTION To relate by whom, and in what connection, the true law of the formation of free states was recognized, and how this iscovery, closely akin to those which, under th e names of development, evolution, and continuity, have given a new and deeper method to other sciences, solved the ancient problem betveen stability and change, and determined the authority of tradition on the progress of thought. Lord Acton* Construction and evolution There are two ways of looking at the pattern of human activities which lead to very different conclusions concerning both its explanation and the possibilities of deliberately altering it. Of these, one is based on conceptions which are demonstrably false, yet are so pleasing to human anity that they have gained great influence and are constantly employed even by people who know that they rest on a fiction, but believe that fiction to be innocuous. The other, although few people will question its basic contentions if they are stated abstractly, leads in some respects to conclusions so unwelcome that few are willing to follow it through to the end. The first gives us a sense of unlimited power to realize our wishes, w hile the second leads to the insight that there are limitations to what we can deliberately bring about, and to the recognition that some of our present hopes are delusions.Yet the effect of allowing ourselves to be deluded by the first view has always been that n1an has actually limited the scope of what he can achieve. For it has always been the recognition of the limits of the possible which has enabled man to make full use of his powers. 1 The first view holds that human institutions will serve human purposes only if they have been deliberately designed for these purposes, often also that the fact that an institution exists is evidence of its having been created for a purpose, and always that we R EASON AND EVOLUTION should so re-design society and its institutions that all our actions will be wholly guided by known purposes. To most people these propositions seem almost self-evident and to constitute an attitude alone worthy of a thinking being. Yet the belief underlying them, that we owe all beneficial institutions to design, and that only such design has made or can make them useful for our purposes, is largely false.This view is rooted originally in a deeply ingrained propensity of primitive thought to interpret all regularity to be found in phenomena anthropomorphically, as the result of the design of a thinking mind. But just when man was well on the â€Å"vay to emancipating himself from this naive conception, it was revived by the support of a powerful philosophy with which the aim of freeing the human mind from false prejudices has become closely associated, and which became the dominant conception of the Age of Reason.The other view, which has slowly and gradually advanced since antiquity but for a time was almost entirely overwhelmed by the more glamorous constructivist view, was that that orderliness of society which greatly increased the effectiveness of individual action was not due solely to institutions and practices which had been invente d or designed for that purpose, but was largely due to a process described at first as ‘growth' and later as ‘evolution', a process in which practices which had first been adopted for other reasons, or even purely accidentally, were preserved because they enabled the group in which they had arisen to prevail over others. Since its first systematic development in the eighteenth century this view had to struggle not only against the anthropomorphism of primitive thinking but even more against the reinforcement these naive views had received from the new rationalist philosophy. It was indeed the challenge which this philosophy provided that led to the explicit formulation of the evolutionary view. 2 The tenets of Cartesian rationalism The great thinker from whom the basic ideas of what we shall call constructivist rationalism received their most complete expression was Rene Descartes.But while he refrained from drawing the conclusions from them for social and moral argument s, 3 these were mainly elaborated by his slightly older (but much more long-lived) contemporary, Thomas Hobbes. Although Descartes' immediate concern was to establish criteria for the truth of propositions, these 9 R EASON AND EVOLUTION were inevitably also applied by his follovers to judge the appropriateness and justification of actions. The ‘radical doubt' which made him refuse to accept anything as true which could not be logically derived from explicit premises that were ‘clear and distinct', and therefore beyond possible doubt, deprived of validity all those rules of conduct which could not be justified in this manner. Although Descartes himself could escape the consequences by scribing such rules of conduct to the design of an omniscient deity, for those among his followers to whom this no longer seemed an adequate explanation the acceptance of anything which was based merely on tradition and could not be fully justified on rational grounds appeared as an irration al superstition. The rejection as ‘mere opinion' of all that could not be demonstrated to be true by his criteria became the dominant characteristic of the movement which he started. Since for Descartes reason was defined as logical deduction from explicit premises, rational action also came to mean only such action as was determined entirely by known and demonstrable truth. It is almost an inevitable step from this to the conclusion that only what is true in this sense can lead to successful action, and that therefore everything to which man owes his achievements is a product of his reasoning thus conceived.Institutions and practices which have not been designed in this n1anner can be beneficial only by accident. Such became the characteristic attitude of Cartesian constructivism with its contempt for tradition, custom, and history in general. Man's reason alone should enable him to construct society anew. 4 This ‘rationalist' approach, however, meant in effect a relaps e into earlier, anthropomorphic modes of thinking. It produced a reneved propensity to ascribe the origin of all institutions of culture to invention or design. Morals, religion and law, language and writing, money and the market, were thought of as having been deliberately constructed by somebody, or at least as owing whatever perfection they possessed to such design.This intentionalist or pragmatic 5 account of history found its fullest expression in the conception of the formation of society by a social contract, first in Hobbes and then in Rousseau, who in many respects was a direct follover of Descartes. 6 Even though their theory was not alvvays meant as a historical account of what actually happened, it was always meant to provide a guideline for deciding whether or not existing institutions were to be approved as rational. 10 R EASON AND EVOLUTION I t is to this philosophical conception that we owe the preference which prevails to the present day for everything that is done ‘consciously' or ‘deliberately', and from it the terms ‘irrational' or ‘non-rational' derive the derogatory meaning they now have.Because of this the earlier presumption in favour of traditional or established institutions and usages became a presumption against them, and ‘opinion' came to be thought of as ‘mere' opinionsomething not demonstrable or decidable by reason and therefore not to be accepted as a valid ground for decision. Yet the basic assumption underlying the belief that man has achieved n1astery of his surroundings mainly through his capacity for logical deduction from explicit premises is factually false, and any attempt to confine his actions to what could thus be justified would deprive him of many of the most effective means to success that have been available to him. It is simply not true that our actions owe their effectiveness solely or chiefly to knowledge which we can state in vords and vhich can therefore constitute the exp licit premises of a syllogism.Many of the institutions of society which are indispensable conditions for the successful pursuit of our conscious aims are in fact the result of customs, habits or practices which have been neither invented nor are observed with any such purpose in view. We live in a society in which we can successfully orientate ourselves, and in which our actions have a good chance of achieving their aims, not only because our fellows are governed by known aims or known connections between means and ends, but because they are also confined by rules whose purpose or origin we often do not know and of whose very existence we are often not aware. Man is as much a rule-following animal as a purpose-seeking one. And he is successful not because he knows why he ought to observe the rules vhich he does observe, or is even capable of stating all these rules in vords, but because his thinking and acting are governed by rules which have by a process of selection been evolved i n the society in which he lives, and vhich are thus the product of the experience of generations. The permanent limitations of our factual knowledge The constructivist approach leads to false conclusions because man's actions are largely successful, not merely in the primitive stage but perhaps even more so in civilization, because they are adapted both II R EASON AND EVOLUTION to the particular facts which he knows and to a great many other facts he does not and cannot know. And this adaptation to the general circumstances that surround him is brought about by his observance of rules which he has not designed and often does not even knovv explicitly, although he is able to honour them in action.Or, to put this differently, our adaptation to our environment does not consist only, and perhaps not even chiefly, in an insight into the relations between cause and effect, but also in our actions being governed by rules adapted to the kind of world in which we live, that is, to circumstan ces which we are not aware of and which yet determine the pattern of our successful actions. Complete rationality of action in the Cartesian sense demands complete knowledge of all the relevant facts. A designer or engineer needs all the data and full power to control or manipulate them if he is to organize the material objects to produce the intended result. But the success of action in society depends on more particular facts than anyone can possibly know. And our whole civilization in consequence rests, and must rest, on our believing rnuch that we cannot know to be true in the Cartesian sense. What we must ask the reader to keep constantly in mind throughout this book, hen, is the fact of the necessary and irremediable ignorance on everyone's part of most of the particular facts which determine the actions of all the several members of human society. This may at first seem to be a fact so obvious and incontestable as hardly to deserve mention, and still less to require proof. Ye t the result of not constantly stressing it is that it is only too readily forgotten. This is so mainly because it is a very inconvenient fact which makes both our attempts to explain and our attempts to influence intelligently the processes of society very much more difficult, and which places severe limits on what we can say or do about them. There exists therefore a great temptation, as a first approximation, to begin with the assumption that we know everything needed for full explanation or control.This provisional assumption is often treated as something of little consequence which can later be dropped without much effect on the conclusions. Yet this necessary ignorance of most of the particulars which enter the order of a Great Society is the source of the central problem of all social order and the false assumption by which it is provisionally put aside is mostly never explicitly abandoned but merely conveniently forgotten. The argument then proceeds as if that ignorance did not matter. 12 R EASON AND EVOLUTION The fact of our irrcrnediable ignorance of most of the particular facts which determine the processes of society is, however, the reason why most social institutions have taken the form they actually have.To talk about a society about vvhich either the observer or any of its members knows all the particular facts is to talk about something wholly different from anything vhich has ever existcda society in which lnost of vhat ve find in our society vould not and could not exist and vhich, if it ever occurred, vould possess properties ve cannot even imagine. I have discussed the importance of our necessary ignorance of the concrete facts at some length in an earlier book 8 and will emphasize its central importance here mainly by stating it at the head of the vhole exposition. But there are several points vhich require re-statement or elaboration. In he first instance, the incurable ignorance of everyone which I am speaking is the ignorance of partic ular facts which are or will become knovn to somebody and thereby affect the vhole structure of society. rrhis structure of human activities constantly adapts itself, and functions through adapting itself, to millions of facts which in their entirety are not known to anybody. The significance of this process is most obvious and Tas at first stressed in the economic field. As it has been said, ‘the economic life of a non -socialist society consists of millions of relations or flows between individual firms and households. Ve can establish certain theorems about them, but vve can never observe all. 9 The insight into the significance of our institutional ignorance in the economic sphere, and into the methods by vhich ve have learnt to overcome this obstacle, vas in fact the starting point 10 for those ideas which in the present book arc systelnatically applied to a much wider field. It will be one of our chief contentions that most of the rules of conduct vhich govern our action s, and lnost of the institutions which arise out of this regularity, are adaptations to the impossibility of anyone taking conscious account of all the particular facts which enter into the order of society. vVe shall see, in particular, that the possibility of justice rests on this necessary limitation of our factual knowledge, and that insight into the nature of justice is therefore denied to all those constructivists  ·ho habitually argue on the assulnption of omniscience.Another consequence of this basic fact vhich must be stressed here is that only in the small groups of primitive society can collaboration betveen the members rest largely on the circumstance that at anyone moment they will know more or less the same particular 13 R EASON AND EVOLUTION circulnstances. SOl1le wise men 111ay be better at interpreting the immediately perceived circumstances or at remembering things in rClnote places unkndvvn to the others. But the concrete events vhich the individuals encounter i n their daily pursuits will be very much the same for all, and they will act together because the events they know and the objectives at which they aim are more or less the same.The situation is wholly different in the Great 11 or Open Society where millions of men interact and where civilization as we know it has developed. Econon1ics has long stressed the ‘division of labour' which such a situation involves. But it has laid much less stress on the fragmentation of knowledge, on the fact that each Inember of society can have only a small fraction of the knowledge possessed by all, and that each is therefore ignorant of most of the facts on which the working of society rests. Yet it is the utilization of much more knowledge than anyone can possess, and therefore the fact that each moves within a coherent structure most of whose deterlninants are unknown to him, that constitutes the distinctive feature of all advanced civilizations.In civilized society it is indeed not so much the greater knowledge that the individual can acquire, as the greater benefit he receives from the knovledge possessed by others, which is the cause of his ability to pursue an infinitely wider range of ends than merely the satisfaction of his most pressing physical needs. Indeed, a ‘civilized' individual may be very ignorant, more ignorant than many a savage, and yet greatly benefit from the civilization