Examining The Complicated Scope Of Legal Aid Systems - Free Essay Example

Sample details Pages: 7 Words: 1967 Downloads: 8 Date added: 2017/06/26 Category Law Essay Type Narrative essay Did you like this example? Legal aid helps with the costs of legal advice for people who cant afford it. If anyone needs help with the costs of legal advice, he can apply for legal aid. Whether he will receive it depends on: the type of legal problem he has; his income (how much he earn) and how much capital (money, property, belongings) he has; whether there is a reasonable chance of winning his case and whether it is worth the time and money needed to win. Don’t waste time! Our writers will create an original "Examining The Complicated Scope Of Legal Aid Systems" essay for you Create order The legal aid scheme was set up after World War 2 by the Legal Aid and Advice Act 1949  [1]  in UK. The Legal Aid system was mainly introduced to help people who otherwise would not be able to afford it, to gain access the courts. It therefore enabled them to get a fair hearing and resolve legal problems. Legal Aid is central to a society based on social justice. It is there to help everyone who really needs it. And by reducing discrimination based on a persons financial standing, it enables fair access for all to the courts. We have to remember that before Legal Aid was introduced, many people could not afford to get the protection of our legal system due to the high costs involved. Thus, the aim of the Legal Services Commission  [2]  is to make quality legal aid accessible to everyone thereby ensuring effective delivery of justice and legal advice. The aims and objectives of it are, help people to resolve their legal problems as soon as possible make it eas ier for people to get legal help especially if they belong to a disadvantaged group help people find alternatives to going to court Provide a high quality legal service. HISTORY OF LEGAL AID SYSTEM Prior to Access to Justice Act (AJA) 1999  [3]  in UK, legal aid service was based upon demand laid system. The system became increasingly expensive to run while catering for fewer and fewer people. In 1950, 80% of the community was covered by legal aid provision. In 1998, the provision of legal aid had fallen to less than 40%  [4]  . From the mid 1980s, various Lord Chancellor tried to reform the system. Their task was made acute by the fact that expenditure on legal aid doubled to  £1.4 billion over a four year period to 1995. A variety of reforms were attempted. Payment systems were changed, eligibility criteria revised and control shifted from the Law Society to the Legal Aid Board (Legal Aid Act 1998)  [5]  . In 1997, Labour government suggested that there might be a change in the direction of legal aid policy  [6]  . A number of the changes have been made by the Children Act 1989  [7]  and the Courts and Legal Services Act 1990  [8]  . In 19 93, two significant changes were made. Standard fees for criminal legal aid in the Magistrates Courts were introduced and the practice of franchising was initiated. However, over the past seven years, the cost of civil and family legal aid had tripled which meant; the taxpayers were paying more and getting less in return. The problem was not simply the rising costs. As fewer people were becoming eligible for legal aid, it would appear that expenditure was not accompanied by an increase in value for money. Therefore, in 1996, Lord Mackay capped the legal aid budget  [9]  . CHANGES AND ADVANTAGES IN LEGAL AID SYSTEM Following the Access to Justice (AJA) Act 1999, there had been many changes in legal aid system in UK. Access to Justice (AJA) Act 1999 established a Legal Service Commission  [10]  (LSC) to maintain and develop the Community Legal Service  [11]  (CLS), replaced of civil legal aid and Criminal Defense Service, replaced of criminal legal aid. Section 5 of Access to Justice Act (AJA) 1999  [12]  provides the budget for the Legal Service Commission (LSC) to maintain the Community Legal Service (CLS) fund. The Legal service Commission (LSC) funds these services by entering into contracts with solicitors by way of a franchise. The main aim for introducing the franchise scheme was to secure value for money. Therefore, if solicitors feel that there are few chances of success in a case, they are deterred from expending money given to them by the Legal Service Commission (LSC). Thus, this leads to effective fund management on the part of the solicitors. Those who are in eligible for public funding, have to pay privately for legal services and this can be expensive. For this reason, the Lord Chancellor has developed the Conditional Fee Arrangement (CFA), which is a no win, no fee basis  [13]  . It was introduced by the Courts and Legal Services Act 1990 and was extended recently by the Access to Justice Act (AJA) 1999. However, it does not apply in criminal case, family case etc. Under the Access to Justice Act (AJA) 1999, not only the court can order a losing party to pay the costs and success fee to the winning party, but it is also possible, by virtue of Section 29, Access to Justice Act (AJA) 1999  [14]  , to ensure against losing a case, which if won, the court may order the losing party to pay the cost of the insurance premiums. The Criminal Defense Service  [15]  (CDS) was established under Section 12 Access to Justice Act (AJA) 1999  [16]  for the purpose of securing those individuals who are involved in criminal in vestigations or criminal proceedings. They have access to such advice, assistance and representation as the interests of justice require. It is funded in a similar way as Community Legal Service (CLS), by the issue of franchise contracts, grants or loans or through the establishing and maintaining of advice and assistance bodies. Moreover, a duty solicitor scheme, which is free, is available to those people who are arrested and held in custody at a police station. LIMITATIONS OF ACCESS TO JUSTICE ACT (AJA) 1999 However, despite the above, the legal aid service is still not very effective. There are lack of commitment and poor communication from the lawyers. Community centers and Law centers are more effective in providing help and assistance. There are lack of advisers in areas like social security, housing, disability discrimination, employment and immigration. There is a distinct problem of Access to Justice in certain where there are no solicitors who do publicly-funded work. Even, those solicitors who do publicly-funded work cut back on the number of cases they take on due to low rates of pay. Beside, the statutory charge may mean that a claimant may have nothing left even though he/she has won the case. CARTER REVIEW In 2006, Lord Carter, in his review, drew attention to the need to continue reforming legal aid  [17]  . The review was concerned with the design of an efficient procurement system that also contained quality guarantees. Thus, it was based on the notion of an open and responsive market. The review argued that cost increases because of systematic weakness in the way legal aid services are procured and therefore, inefficiencies increases in the way the services are delivered. The Carter review recommended that fees should be paid on a fixed or graduated scale. However, fixed fees will impact negatively on advice, particularly in more complex cases. This will eventually result into work being done by para-legals and less qualified advice workers. Some research available to Carter Review suggested that whereas small firms could provide criminal legal aid in an efficient manner, larger firms were not able to do the same. This would suggest that further research would be required on the impact of reform as it might drive out of the market those very firms that were best suited to provide value for money in provision of legal service. LEGAL AID SYSTEM IN BANGLADESH In an underdeveloped country, majority of the population are poor and illiterate which makes legal aid a necessity to uphold human rights and equality. The Government took formal initiative for enacting legal aid laws only in 1994. However, in 1996, the resolution of 1994 was repealed because it was found that only handful of litigants actually received legal aid from these governmental initiatives. It was in 2000 when the Government in assurance of financial cooperation by the Canadian International Development Agency (CIDA) made an imitative to provide legal aid to indigent litigants. The Government passed the Aingoto Sohoyota Prodan Ain 2000 (Act No. VI of 2000)  [18]  which provides legal mechanism and access to legal aid throughout the country. The main aim of enacting the Act is to provide legal aid to the people who are unable to get the justice due to financial crisis or due to different socio-economic reasons. The NGOs has played a crucial role in providing legal ai d support to the aggrieved in Bangladesh  [19]  . Among these NGOs, Ain o Sailish Kendra (ASK)  [20]  , Bangladesh Legal Aid and Services Trust (BLAST)  [21]  , Madaripur Legal Aid Association (MLAA)  [22]  and Bangladesh National Women Lawyers Association (BNWLA)  [23]  are playing leading role in providing legal aid. Despite of the access to legal aid in Bangladesh, the Aingoto Sohoyota Prodan Ain 2000 has some flaws. They are, The Act does not specify cases for which legal aid can be provided. The process of consideration of application can be identified as a source of delay. In comparison with the number of legal aid seekers, the number of meetings held to consider these application falls short of requirement. The accountability of members of the Board and Committee are not ensured in the Act. The procedure of the selection of the application is not clear in this Act. In the Upazilla and Union committees, the inclusion of Chairman and 14 other members makes the system more complex. By section 26 of this Act, the govt. repealed the previous Legal Aid Committee formed under the Resolution 74-Law/1997  [24]  and seized all funds of that Committee but the fate of the applications and cases pending in the Courts have not been clarified. NGOs as an organization with expertise in the delivery of legal services to the poor are in good position to give direction to the governments effort. Therefore, the NGOs can play a proactive role in implementing the legal aid programme by, Conducting as survey to assess and identity the specific areas of human right violation. Make the government answerable to dire situation of poor who cannot access the law. Bringing into notice the gap between the inadequacies of law and practice of the government legal aid and persuading the government to take remedial measures. Putting pressure on government by public interest litigation where government fails to respond to the need of the poor for legal aid. Making  the poor aware of their rights which the law of the land guarantees. Promoting social dialogues and literacy programme to uphold the importance of legal aid. Assisting government programme by to providing expertise on concerned issues. CONCLUSION Implementation of legal aid act in both developed and underdeveloped countries indicates governments willingness to serve the poor. However, the government must also ensure that the act is regularly reviewed to address loopholes. The Government should follow a strategy of continuous improvement. In order to judge the success of reforms in legal aid provision, it is necessary to first establish a set of criteria against which it will be evaluated. These criteria should be set by the Government officials, Judges, and Legal Aid experts. Few criteria that could be used to evaluate the system are given below. Administrative efficiency with focus on the procedural aspects of legal aid applications. Easy access to the courts irrespective of claimants or defendants financial means. Initiative to create awareness in rural areas, especially in under-developed countries. Effect of legal aid on tax payers. It is also essential to have accessible legal aid services beyond the gov ernment organizations. An active partnership between and NGO and a government agency can play a very significant role in social service delivery. They compensate for each others weaknesses and deficiencies. However, the government has to balance the needs for legal aid with the pressuring needs of other social services such as healthcare and education.

Writing Is A Fundamental Aim Of Education - 943 Words

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Ethical Dimensions of Preparing Two Financial Reports free essay sample

Ethical dimensions of financial accounting with respect to keeping of two sets of records, one for internal purposes only and the other for internal taxation purposes. Financial accounting, as stated by Garrison, is concerned with providing information those people outside an organization. This includes preparation of financial reports showing the company’s past financial performance which will be the basis for additional investments for stockholders, capacity to pay off loans for creditors or banks, imposing correct government taxes as mandated by law, etc. Financial reports, therefore, should be done accurately and with utmost truthfulness to avoid misconstruction due to omission or misstatement as stated in the International Federation of Accountants Code of Ethics. However, there are some who do not conform to this Code. Some companies practice preparation of two sets of financial reports at the end of the fiscal year, one for internal purpose and the other to be used and submitted for internal taxation purpose. We will write a custom essay sample on Ethical Dimensions of Preparing Two Financial Reports or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Usually, if the company would like to attract additional investments from its stockholders, incomes are bloated.On the other hand, to avoid paying high taxes or even pay no taxes at all, financial statements are manipulated to reflect a lower or negative net income, which will be the basis for the computation of the taxes to be paid by the company. Whether for stockholders or for taxation, I strongly condemn such practice. This does not only violate the Code of Ethics of IFAC, such practice, if done continually, could even be a start of the eventual downfall of any company due to loss of its credibility and integrity. Thus, there exist major financial scandals that lead to collapse of business giants like what happened to ENRON. Further, leaders of the company may suffer from huge penalties or even jail terms, if found guilty of violating the code. Sadly, our country’s system on taxation and how the government use, or should I say, misuse collected taxes opens a lot of controversies and issues, which is being used by some companies to justify the practice of preparing a different financial report for taxation purpose.Corruption and issues on tax evasion by big companies are only a few examples why some companies validate this act. Corporate governance, as they say, should start first with the government, ethical behavior should be practiced first by our government leaders. This is the main campaign of incumbent President PNoy. The Code of Ethics on Integrity Rules states: â€Å"A member must not make, prepare, or certify, or permit or direct another person to make, prepare or certify, any statement which the member knows, believes or ought to

Employee Relationship and Planned Change System

Questions: TR Ltd is a medium sized manufacturing company. Its Board of Directors have been concerned about output and efficiency levels, and recently reached a decision to radically reorganize the assembly division in pursuit of increased efficiency. The following is an extract of a conversation which occurred between the Managing Director (MD), Finance director (FD), Human Resources Director (HRD) and the Production Director (PD) after the latest Board meetingMD: Well, its been a long process, but at last I think were ready to roll things out.FD: What amazes me is how weve been able to keep this quiet from the staff no one has any idea what is about to happenMD: It shouldnt bother them too much, after all in the present environment they should be happy just to have a jobHRD: With respect, Sir, I think some of the assembly line workers may be very concerned, after all they will be moving to new contracts of employment, on lower pay scalesMD: Nonsense, this move safeguards the future of the com pany and their jobs. A bigger, more successful company will provide opportunities for promotion and advancement in the future The situation is a winner for everyone What do you think John?PD: I still have some concerns that we havent fully understood the assembly process the work which the assembly line actually performsMD: Of course we understand the process; we have analysed all of the production statistics, weve consulted with industry experts and the company which manufactures the assembly equipment, weve studied the system in operation elsewhere we fully understand all the technical aspects of how the system will work!HRD: Technicalities are only one part of it work teams will be broken up, jobs will become simpler, more repetitive the team leader grade disappears Staff may not like itMD: I dont employ them to like it, I employ them to do the job which they are told to do! Do you foresee problems with the staff?HRD: It is possible a lot will depend on how we actually roll out the changesMD: Thats all in hand. Everyone will receive a letter with their next pay slip detailing the new salary scales and terms and conditions of employment, including their new duties. The start date will be 1 October, and thats non-negotiable.HRD: Have you considered what we should do if the staff do not cooperate with the new system?MD: Thats simple well discipline or dismiss anyone whos not willing to go along with it! Only three things matter efficiency, sales and profit. Questions:1. (i) With reference to both the case AND the relevant literature, discuss whether staff are likely to resist the planned changes; use your answer to identify the reasons for resistance to change. (50%)(ii) The Managing Director clearly advocates the use of coercion to overcome any resistance which might occur. Through reference to the relevant literature critically evaluate the full range of measures which are available to management in attempting to overcome resistance. Illustrate your answ er through reference to the case study scenario. (50%)2. Through reference to the planned change literature, recommend a model of planned changed which TRs management could have used in implementing the changes. Critically evaluate the advantages which the use of such a model would bring to the situation. Answers: Introduction Changes are inevitable for the business success. The process followed by the companies to introduce changes within the organization, depends upon various reasons. Changes are introduced for reducing the operational expenses, improve the productivity for the company, and increase the profit earning margin. The need for brilliant concepts for implementing organizational changes has been increasing. However, the changes planned by the company in the operational activities and cost reduction can be resisted by the staffs. This report has been prepared on the TR Limited Company. The management of the company has proposed to reduce the operational expenses by reducing the pay structure of the staffs. However, the changes were not informed to the employees of the company (Aldrich, Ruef, 2006) Relevance of the change management system within the company Due to turbulent economic condition, it has become imperative to introduce planned organizational changes. Implementing changes within the company is a complex task, and the negative impact related to the same needs to be analysed well in advance. Changes can positively affect the staffs, clients, stakeholders, and others involved with the company. Thus, planning has to be done, before implementing the desired changes within the management. Any changes that can negatively impact the willingness of the staffs to work for the company have to be evaluated. This would help the management to work on an alternative solution through which the problem can be resolved. Sustainable change has to be related with the behavioural changes that impacts the business performance (Bagozzi et al., 2002). Staff resistance to the planned changes The company has proposed to introduce changes with the current pay structure for the staffs. Proposed changes would be informed to the employees at the time of the next pay. This would be done by sending the employees a letter that would state the changes in the pay structure, along with the new designated job. As per the HRM department, the staffs would resist the changes as it was had impacted the earning ability of the individual. However the management of the company wasnt willing to agree with the terms of the staffs. This was because; the management had aimed to improve the profit earning margin for the company (Balogun, and Hope Haily, 2004). Resistance of the staffs Changes having a negative impact on the staffs are not usually accepted by the employees of the company. Majority of the staffs are against the change process, as it can affect the performance and other factors. Thus, the management has to draft effective policies through which the changes can be accepted by the employees, with less resistance. For this, it is essential to improve about the proposed changes, along with its impact. In this process, the change management programme needs to be planned and implemented in an effective manner (Bruhn et al., 2001). Reduction in the pay structure or change in the job structure can affect the productivity of the employees. This would then affect the production plan for the company. Thus, it is necessary for the management to introduce an effective plan through which the required changes can be introduced within the company. In this process, the management has to communicate the factors related to changes with the staffs. This is also done with an intention of preparing the staffs to accept the proposed changes by the management. Some of the factors or behaviours associated with the change resistance have to be analysed by the managers. This would help in drafting plan for resisting the plan prepared by the management (Buchanan et al., 2005). Experts believe that staffs resist changes regardless of the nature for the change. In this case, it is imperative for the management to highlight the factors or benefits associated with the change factors. Every change is viewed by the staffs to be a risk, and this is one of the reasons for resisting the changes. The differences can be overpowered through reliable and clear communication. Through this process the management can discuss the reason for introducing the changes, the method that would be followed, and the impact about the changes. Thus the sources for resistance for changes have to be analysed. The anticipated objections needs to be analysed, and corrective measures to reduce the same has to be implemented (Burke, 2002). Literature review As per Burke 2009, there are 7 important steps that need to be analysed for implementing changes within the company. In this method, it is essential to mobilise different resources available with the company by identifying the problem associated with the operational activities. In this case, staff resistance is one of the major concerns that can affect the business performance. Thus, the management need to find a positive solution to solve the issue and find the best solution. Effective communication about the reason for introducing the changes and the benefits associated with the same for the company and the employees needs to be informed to the clients. Through effective communication process, it is possible to develop a shared vision between the company and the employees of the company. This would enable the management to find the best solution through which the required changes can be introduced (Burnes, 2004). The process for communication has to be simple and effective, and this can be done through effective leadership skills. The changes in the policies, rules, and structures have to be planned and implemented by the management. Such changes have been proposed to introduce required changes through which the productivity for the company can be improved. The management of the company has to plan the steps that would have to be followed for introducing the changes. This could be done by introducing the changes in a particular department or the whole company. Such a decision is quite important as it would help the management in analysing the challenges and finding a perfect solution to the existing problem. The stages involved in the method for the change process has to be analysed and the same needs to be monitored. This would help the company in finding the perfect solution through which the issue could be solved (Cialdini, 2009). As per Darnton 2009, the theory associated with the planned change has to be implemented after evaluating different factors like the existing strategies, structures, staff reactions, and others. Through such understanding it is possible for the managers to adopt and implement an effective approach that would be helpful in implementing the changes. The factors related to the barriers or the facilitators needs to be identified. Some of the barriers are Resistance of the staffs Improper plan for implementing the strategies for introducing the changes Unexpected challenges faced by the management at the time of introducing the changes (Doyle, Claydon, and Buchanon, 2000) Motivational factors are Highlighting the benefits associated with the introduction of the changes Benefits to the company (Elrod II, and Tippett, 2002) Changes are planned and introduced by the company to improve the organizational development process. Through this method an effective framework for improving the thinking process related to the changes are analysed. In this process, the system and the steps that would be followed for introducing the planned changes has to be analysed. Through this method, the management would be able to analyse the impact of changes on various departments that functions within the company (Fernandez, and Rainey, 2006). Psychological contract In this process the belief of the individual related to the terms or conditions required for exchanging and maintaining relationship with the staffs has to be analysed. Management introduce changes for reducing the cost for the operations and expanding the business. However, such changes are viewed negatively by the employees of the company. Employees fear of losing jobs or reduction in the pay structure. These are some of the major reasons that affect the performance and productivity for the company. In this case, it is suggested for the company to maintain positive and ever-lasting relationship with the staffs. This is done by constantly discussing with the staffs about the proposed changes, and the mission of the company. In the psychological contract method, the company work towards Securing the staffs and their interest (Oreg, 2003) Develop strategies for proper work-life balance Provide flexibility Reward for the loyal services Through such process, the management of the company attempt to maintain positive and ever lasting relationship with the staffs. It is necessary for the management to treat the staffs equally, as this would enable the company to encourage the staffs to improve the productivity of the organization. Regardless of the changes proposed to be introduced by the company, it is necessary to ensure that the staffs work towards the objective achievement for the organization. This can be done by building positive relationship with the staffs. Negative factors can directly impact the wiliness of the staffs from various department of the company to work towards the goal achievement (Todnem, 2005). Factors affecting the resistance to change The changed proposed to be implemented by the company is expected to be resisted by the employees. In this case, the staffs or human undergo through 5 different stages, which are 1. Denial - The staffs of the company are bound to deny the proposed changes. This is because, the staffs fear about losing the benefits that has been provided to the members.2. Anger Changes are unacceptable for majority of the staffs. This is one of the reasons; the employees express anger or negative aspect about the proposed change.3. Bargaining - In some cases, the staffs of the company attempt to bargain with the management. This is being done with an intention of negotiating with the management (Turnley et al., 2000).4. Depression - The proposed changes can cause depress the staffs, especially the ones who are not willing to change jobs. Such depression can affect the work ability of the members.5. Acceptance - The propose changes and the benefits associated with the same are explained effectively to the members. This would increase the possibilities of acceptance of the changed planned proposed by the management. The challenges associated with such factors can be resolved by the management through effective communication. During this period the staffs needs to be provided with the required support that would encourage the members to work towards the goal achievement. Apart from this, the proposed changes need to be informed by the management well in advance. Immediate change with the pay structure can negatively affect the performance of the company and the staffs (Wiggins, 2008). Breakdown model for change The proposed changes can be broken down into simple and effective steps by the management. This would enable the management of the company to analyse the changes, and its impact on the production activities. In this method, it is possible for the management to inform about the changes and analyse the impact of such changes on the employees of the company. The differences noticed have to be worked upon, as this will not affect the performance of the company. Through the breakdown model, the company attempts to analyse the challenges that is bound to be faced with different departments. This would help in analysing the challenges and implementing an effective step through which the issues can be solved. With the help of such planning, it is possible for the management to overpower the factors related to resistance. At first, the reason for introducing the changes needs to be communicated with the members. The resistance or the factors affecting the productivity for the company has to b e analysed. This will help the management to continue with the production activities, despite of the proposed changes. TR can adopt the policy through which the proposed changes related to the management can be interacted with the members well in advance. Through this method, the changes can be implemented on a timely manner (Todnem, 2005). Conclusion Change management is quite an important factor. The reasons impacting the performance of the members or the staffs to accept the change has to be analysed. This would help the management in introducing the required changes through which the resistance can be minimised. It is essential to introduce the changes after analysing the benefits associated with the proposed changes. Benefits and challenges related to the same have to be communicated with the members. This has to be done to improve the relationship between the staffs and the management of the company. References Aldrich, H. E., Ruef, M. 2006. Organizations evolving, 2nd ed. Thousand Oaks, CA: Sage Bagozzi, R., Gurnao-Canli, Z., and Priester, J. 2002. The Social Psychology of Consumer Behaviour. Buckingham: Open University Press Balogun, J. and Hope Haily, V. 2004. Exploring Strategic Change, 2nd Edn (London: Prentice Hall) Bruhn, J. G, Zajac, G. and Al-Kazemi, A. A. 2001. Ethical perspectives on employee participation in planned organizational change: A survey of two state public welfare agencies, Public Performance and Management Review, 25, 2, pp. 208-28. Buchanan, D., Fitzgerald, L., Ketley, D., Gollop, R., Louise Jones, J., Saint Lamont, S., Neath, a. and Whitby, E. 2005, Not going back: A review of the literature on sustaining organizational change, International Journal of Management Reviews, 7, 3, pp.189 205 Burke, W. W. 2002. Organizational Change: Theory and Practice (Thousand Oaks, CA: Sage Publications) Burke, W. W. 2009. Understanding organizations: The process of diagnosis. In W. W. Burke, D. G. Lake, J. W. Paine (Eds.), Organization change: A comprehensive reader (pp. 259 272). San Francisco: John Wiley Sons, Inc Burnes, B. 2004. Managing Change: A Strategic Approach to Organisational Dynamics, 4th edn (Harlow: Prentice Hall) Cialdini, R. B. 2009. Influence: Science and practice, 5th ed. New York: Quill, Prentice Hall. Darnton, A. 2008. Reference Report: An overview of behaviour change models and their uses Research report for the Government Social Research Unit Doyle, M., Claydon, T. and Buchanon 2000. Mixed results, lousy process: Contrasts and contradictions in the management experience of change. British Journal of Management, 11, pp. 59 80 Elrod II, P. D. and Tippett, D. D. 2002. The death valley of change, Journal of Organizational Change Management, 3, pp. 273 291 Fernandez, R. and Rainey, H.G. 2006 Managing Successful Organisational Change in the Public Sector: An Agenda for Research Practice, Public Administration Review, March/April, pp 168 176 (2) Oreg, S. 2003. Resistance to change: Developing an individual differences measure, Journal of Applied Psychology, 88, 4, pp. 587-604 Todnem, R. 2005. Organisational Change Management: A Critical Review, Journal of Change Management, 5, 4, pp.369 380 Turnley, W. H. and Feldman, D. C. 2000. Re-examining the effects of psychological contract violations: Unmet expectations and job dissatisfaction as mediators, Journal of Organizational Behavior, 21, pp. 25-42 Wiggins, L. 2008/2009. Managing the ups and downs of change communication, Strategic Communication Management, 13, 1, pp20-23.

Socio-Demographic Profile and Problems Encountered by the Heads of Lupong Tagapamayapa in the Municipality of Bayambang Essay Example

Socio-Demographic Profile and Problems Encountered by the Heads of Lupong Tagapamayapa in the Municipality of Bayambang Essay The barangay is the basic unit of government in the Philippines. Unknown to many, it is where much of actual governance takes place, and where the government and the citizens meet face to face. More than a hundred roles have been assigned to barangays by the Local Government Code of 1991 and various special laws ranging from the delivery of basic services to women and children protection under RA 9262. It is no wonder that barangays are able to perform all of these obligations in view of their limited resources and personnel. Yet, we observe that they have also been given a significant role in a process that keeps societies intact, making justice work. Under the present Local Government Code of 1991, the Katarungang Pambarangay system or the Barangay Justice System is an extra governmental mechanism aimed at perpetuating the time honored tradition of amicably settling interpersonal disputes in a community without recourse to the formal legal system of confrontational social behavior. It provides a way for members of a barangay to settle their disputes through mediation, conciliation and arbitration without resorting to the formal justice system; i. e. , the courts. The primordial objective of the Katarungang Pambarangay Rules, is to reduce the number of court litigations and prevent the deterioration of the quality of justice which has been brought about by the indiscriminate filing of cases in the courts. To attain this objective, Section 4123 (a) of Republic Act No. 7160 requires the parties to undergo a conciliation process before the Lupon Chairman as a precondition to filing a complaint in court. We will write a custom essay sample on Socio-Demographic Profile and Problems Encountered by the Heads of Lupong Tagapamayapa in the Municipality of Bayambang specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Socio-Demographic Profile and Problems Encountered by the Heads of Lupong Tagapamayapa in the Municipality of Bayambang specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Socio-Demographic Profile and Problems Encountered by the Heads of Lupong Tagapamayapa in the Municipality of Bayambang specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Section 399 (a) of Republic Act 7610, known as the Local Government Code has created in each barangay a Lupong Tagapamayapa, hereinafter referred to as the lupon, composed of the Punong Barangay, as chairman; and ten (10) to twenty (20) members who are residing or working in the barangay and possessing integrity, impartiality, independence of mind, sense of fairness, and reputation for probity, may be appointed a member of the Lupon (Section 399[b] RA 7160). The Lupon shall be constituted every three (3) years in the manner provided in section 399(a), RA 7160. This means that the Lupon may hange its composition or membership every three (3) years. The Lupong Tagapamayapa carries with them in the exercise of their functions the different behaviors and characters. The traits, performance, attributes and individuality they manifest, when recognized and harnessed, can promote peace and reconciliation at the local level where they build consensus through dialogue which promote trust among the members of the governing body and the community. The central feature of the system is the Lupong Tagapamayapa, a community-based conflict resolution effort that is highly supportive of the notions of social ordering and human development. While the speedy administration of justice is the immediate concern of the Katarungang Pambarangay, of equal importance is the leadership building and community empowerment as the resultant effects of institutionalizing the system. This paper does not attempt to do a policy evaluation of the Katarungang Pambarangay (KP) system. Limitations in time, resources, and case samples, prevent us from pursuing such objective. But we conduct this study as an attempt to appreciate how a particular aspect of governance – the delivery of justice works in the country’s basic political unit. It likewise attempts to find out how an innovative practice can be fully utilized to benefit communities. Statement of the Problem The study will attempt to determine the socio-demographic profile and the problems encountered by the Lupong Tagapamayapa in different barangays of the Municipality of Bayambang. Specifically, it will seek to answer the following questions: 1. What is the profile of the Lupong Tagapamayapa in the different barangays of Bayambang in terms of: 1. 1 age; 1. 2sex; 1. 3civil status; 1. 4highest educational attainment; 1. number of terms as head of the Lupong Tagapamayapa; 1. 6occupation; 1. 7previous work experiences; 1. 8trainings/seminars attended; 1. 9membership in organization; 1. 10monthly income 1. 11number of children in the family; 1. 12religion; 2. What are the problems encountered by the heads of Lupong Tagapamayapa in the performance of their duties and functions? Scope and Delimitation of the Study This study will be delimited to the performance of the heads of Lupong Tagapamayapa in the seventy-seven (77) barangays in the Municipality Bayambang. Significance of the Study It is hoped that the findings that will be drawn from this study will prove essential to the following entities: Lupon Members. Results of this study will remind them about the significance of their functions and their roles for a better and peaceful community. Punong Barangay. Findings of the study will serve as a big help for the Punong Barangay become responsible in appointing the members of the Lupong Tagapamayapa in their respective barangays. The Barangay Residents. The barangay residents will be assured of better service of the Lupong Tagapamayapa if problems encountered by them will be minimized, if not eliminated. LGU of Bayambang. This study will be significant in undertaking activities and services for effective discharge of duties of the Lupong Tagapamayapa and for the satisfaction of the stakeholders. This study will be beneficial in forging collaborative efforts particularly regarding the performance of the Lupong Tagapamayapa. The Department of Interior and Local Government. Results of the study will guide the agency to plan trainings/seminars for the Lupong Tagapamayapa to have active role in settling disputes amicably without the need of judicial recourse. The Future Researchers. Findings of the study would serve as a frame of reference for interested researchers who would like to undertake future researchers regarding the heads of Lupong Tagapamayapa. Definition of Terms For clearer understanding of the terms used in this study are defined operationally. Socio-Demographic Profile. It refers to different groups of people within the society. Pertaining to or characterized by a combination of sociological and demographic characteristics. Problems. It refers to a situation, a matter, a person in every barangay that presents perplexity or difficulty. It is something to be considered, solved and answered. Lupong Tagapamayapa. It is a body organized in every barangay with the Punong Barangay as Chairman with ten (10) to twenty (20) members who has the function of maintaining peace and order and settling disputes. Katarungang Barangay (KP). It is a system of justice administered at the barangay level for the purpose of amicable settling disputes through mediation, conciliation or arbitration among the family or barangay without resorting to the courts. Amicable Settlement. It is an agreement reached during mediation and conciliation proceedings. Arbitration. It is a process wherein the third party from outside the judicial system is chosen by parties to hear and decide their dispute. Conciliation. It is a process wherein the Pangkat forgoes the power to decide or recommend but assist the parties to isolate issues and options to reach a settlement by consensus that jointly satisfies their needs. Chapter 2 REVIEW OF RELATED LITERATURE AND STUDIES This chapter aims to help the Department for International Development (DFID) assess whether and how to work with Non-State Justice Systems (NSJS) as part of its program to advance Safety, Security and Accessible Justice (SSAJ) in the countries where it operates. It consists of foreign and local studies, synthesis of reviewed related literature and conceptual framework. RELATED LITERATURE The Philippines’ Katarungang Pambarangay, or Barangay Justice System (BJS), is a formal system based on traditional mechanisms of mediating local disputes. It operates at the level of the barangay, a local government unit of which there are approximately 42,000 in the Philippines. Like shalish, the BJS is rooted in its society. Its most salient, widespread form is that run by government officials and persons they appoint, rather than traditional or NGO versions. A 1978 presidential decree first established the BJS. It was modified by the country’s 1991 Local Government Code and other subsequent legislation. Though not without its flaws, the BJS does offer key advantages over the judicial system. These include: ? It is based on Philippine traditions, which include the use of friends and neighbors to amicably settle disputes. ?The BJS is far less costly than the judiciary, with an average filing fee of 20 pesos, a tiny fraction of court costs and lawyers’ fees. ?It also is far faster, with problems settled in a matter of days or weeks, rather than (typically) years. In the Philippines, as in many other nations, there has been an ongoing tension between the national system of private land ownership and many cultural minorities’ communal systems of land use. A 1983 law journal article fleshes out the distinction as it applies to a prominent cultural minority of the Cordillera region, the Kalinga: With individual ownership as its central feature, the Torrens system of land ownership and registration draws its philosophy from the Western capitalist mode of economic relationships. Land is treated as an individual commodity†¦To promote commerce, trade and the circulation and accumulation of capital, land is made easily alienable†¦ On the other hand, Kalinga customary laws of land ownership are basically indigenous. Unlike the Torrens system, their underlying philosophy is communal—not individual—ownership†¦Land is not a mere commodity but a sacred and valuable possession†¦Preservation—not alienation—of property is the basic policy. Despite various and vigorous government campaigns to introduce the Western system of land ownership in the mainstream of Kalinga life, it is only in recent decades that the drive has begun to gain significant headway. This development came in the wake of the cash economy’s increasing penetration into Kalinga society, accompanied by the growth of and commerce in the area. Aranal-Sereno and Libarios, 1983: 448) The last paragraph is noteworthy because it exemplifies a general reality that nonstate justice systems are dynamic, not set in place by written laws in the ways that state systems are. In this instance, in some parts of Kalinga society there is greater acceptance of the state system of private, alienable land ownersh ip. Various other sources have noted the ways in which indigenous mores are changing in response to education, commercial activity and political developments. Yet this particular kind of evolution does not only move in one direction. In fact, a series of policy, regulatory and finally legislative reforms in the 1990s integrated notions of communal ownership into state law in key respects, as it applies to cultural minorities. These changes culminated in the passage of Republic Act No. 8371, otherwise known as the Indigenous Peoples Rights Act of 1997 (IPRA). The law promotes state respect for indigenous peoples (an alternative term for cultural minorities), their cultures and their customary laws, including their claims and processes regarding lands historically farmed and otherwise used by these groups. This includes a cultural minority’s â€Å"right to resolve land conflicts in accordance with customary laws of the area where the land is located. † (Government of the Republic of the Philippines 1997: 8) Another significant feature of the Act is the manner in which it integrates state and non-state systems. To protect their claims to lands they have historically used and occupied, otherwise known as ancestral domains, cultural minorities must go through a certification process that results in recognition of title. Thus, the claim is rooted in tradition and the nature of the claim is communal. But the formal state recognition of it comes about through a process established by the national government. RELATED STUDIES Foreign Studies The term â€Å"shalish† (or â€Å"salish†) refers to a community-based, largely informal Bangladeshi process through which small panels of influential local figures help resolve community members’ disputes and/or impose of sanctions on them. (It also can refer to the panels themselves. Non-Governmental Organizations NGO and the government have drawn on and modified this process in recent years so that shalish now takes three basic, sometimes overlapping forms in Bangladesh: traditional; government-administered â€Å"village courts† (though under the relevant laws other terms technically apply for family and urban disputes); and NGO-modified. Shalish may involve voluntary submission to arbitration (which, in this context, involves the parti es agreeing to submit to the judgment of the shalish panel), mediation (in which the panel helps the disputants to try to devise a settlement themselves) or a blend of the two. In a harsh, extreme version of its traditional form, however, shalish instead constitutes a de facto criminal court that inflicts trial and punishment on individuals who have not consented to its jurisdiction. The actual shalish is often a loud and passionate event in which disputants, relatives, [shalish panel] members and even uninvited community members congregate to express their thoughts and feelings. Additional observers — adults and children alike — gather in the rooms doorway and outside. More than one exchange of opinions may occur simultaneously. Calm discussions explode into bursts of shouting and even laughter or tears. All of this typically takes place in a crowded school room or other public space, sweltering most of the year, often with the noise of other community activities filtering in from outside. The number of participants and observers may range from a few dozen to well over one hundred. (Golub 2000: 137-138) As summarized by Khair in a thoughtful review of NGO-modified shalish, in its traditional form the practice is basically a practice of gathering village elders and concerned parties, exclusively male, for the resolution of local disputes. Sometimes Chairmen and elite members of the Union Parishad are invited to sit through the proceedings. Shalish has no fixed dimension and its size and structure depend entirely on the nature and gravity of the problem at hand. (2001: 5) A recent report for the Asia Foundation, the international development organization that has most extensively examined shalish (and supported its NGO variation), further explicates the nature, appeal and drawbacks of the traditional approach: [Shalish] generally saves time and money, and it serves as a platform for airing grievances†¦ Although shalish members have the option of engaging in either mediation or arbitration to reach a solution, most commonly choose arbitration. This method involves unilateral decisions made by officiating members, whereas mediation engages opposing parties in reaching solutions of mutual satisfaction†¦Although the decisions are not always fair and equitable, they tend to carry a great weight within the community because they are issued by well-known and powerful villagers. However, among those who lack respect for these decision-makers, it is extremely difficult to enforce rulings if the parties refused to comply†¦ Sometimes solutions are arbitrary and imposed on reluctant disputants by powerful village or community members. Such â€Å"solutions† are based lesson civil or other law than on subjective judgments designed to ensure the continuity of their leadership, to strengthen their relational alliances, or to uphold the perceived cultural norms and biases. The shalish also is susceptible to manipulation by corrupt touts and local musclemen who may be hired to guide the pace and direction of the process by intimidation. Furthermore, because the traditional shalish is composed exclusively of male members, women are particularly vulnerable to extreme judgments and harsh penalties. (Khair et al 2002: 8-9) Corruption also can infect the process in other ways, such as through a panel member’s solicitation of bribes to nudge the group’s consensus in a given direction. Consistent with the inclination toward arbitration and arbitrariness, Hashmi claims that those the shalish finds to have offended community norms may be publicly shamed or, inunusual cases, socially ostracized. Hashmi 2000: 99). Social ostracism by no means represents the harshest, most extreme version (or perversion) of shalish, however. Amnesty International and other sources have documented numerous incidents of women, even rape victims, being lashed or even stoned to death for violation of local norms. Often these abuses stem from fatwahs (religious rulings) handed down by local mullahs who belong to the shalish panels or o therwise influence them, and who interpret or misinterpret sharia (Islamic law) to impose such egregious treatment. What is less clear is whether the reports of these abuses reflect an actual increase in such incidents, perhaps due to a rise in militant fundamentalism, or whether these incidents have always occurred, but only received attention in the 1990s due to improved NGO, human rights and media penetration of rural Bangladesh. Though such human rights violations merit international and domestic condemnation, there is a sense in which the necessary focus on them may mask the more pervasive, systemic manner in which traditional shalish can perpetuate the poverty and powerlessness of women and other disadvantaged populations. To its credit, traditional shalish may well provide easy, free, comprehensible access to justice in situations where biases and power imbalances do not mitigate against fair consideration of disputes. But a diversity of sources document the biases and power imbalances that hold back Bangladeshi women, and indicate the harmful ways in which these factors play out in traditional shalish. (Haque et al 2002; Bangladesh National Women Lawyers’ Association 2001; Hashmi 2000). An Asia Foundation report illuminates the case of a young woman whose husband’s dowry demands led to his beating her and casting out of their home, adding the insult of severe social stigma to the injury of his physical assaults. She explains that a string of shalish sessions proved fruitless, and that the dynamic was such that â€Å"I could not speak up†¦I didn’t have the chance to say anything. † (Haque et al 2002: 22). Nor do the power imbalances and victimization only materialize in the course of the shalish. It often may prove too powerful, in the sense of imposing unfair judgments and punishments on women. Yet traditional shalish also can prove too weak to be of use to them, leaving them with only other unsatisfactory courses of action. An investigation by a respected human rights NGO illustrates such a situation, in the case of a fifteen year old girl seeking support for the child resulting from her rape by a neighbor’s son: When the salish gathered, [the father of the alleged rapist] organized a gang to break it up by using violence and money. It never reconvened. Meanwhile, a lawyer was found to represent [the victim] but it soon became obvious that he was taking advantage of a poor woman and her daughter by taking money from them and doing nothing in return. (Odhikar 2001: 59) Biases and power imbalances do not only affect women. Hashmi describes a â€Å"member-matbar-mulla† triumvirate that controls village affairs, including shalish: The members of the Union Parishad (the lowest electoral unit) are elected officials, in charge of the disbursement of public goods and relief materials among the poor villagers, are the most powerful in the triumvirate. They are often connected with the ruling political party of other influential power-brokers in the neighboring towns or groups of villages. The matbars (matabbars) or village elders, who also sit on the salish (village court), are next in the hierarchy, having vested interests in the village economy as rentiers and moneylenders. They often get shares in misappropriated relief goods along with government officials and members-chairmen of the Union Parishads. The mulla, associated with the local mosques and maktabs (elementary religious schools), are sometimes quite influential as they endorse the activities of village elders albeit in the name of Islamic or Sharia law. The often sit on the salish and issue fatwas in support of their patrons, the village elders. The rural poor, often women, are victims of these fatwas. (2000: 137) One need not fully concur with the picture Hashmi paints here (which takes on far more nuance as his analysis unfolds) to infer its implications for traditional shalish, even where the gender dimension is not involved. Where an influential individual’s interests are at play, the process can become distorted. It also can be biased due to patron-client relations: if a disputant is a political, personal or financial client of a shalish panel member (which can often be the case, since disputants often are poor and the panel members affluent), the latter might use his influence on the client’s behalf. In his own thoughtful review of the literature, Blair echoes Hashmi in concluding that â€Å"social science analyses [of traditional shalish] are sobering. (2003:18) Research suggests that the above factors combine to make NGO shalish the most effective form in delivering a degree of justice and alleviating poverty. In their report for the Asia Foundation, Haque and her colleagues conclude that â€Å"NGO-administered shalish are far more equitable in their treatment of women than the traditional and UP shalish. † (2002: 9) In the great majority of its 23 case studies, women were satis fied or very satisfied with their NGO shalish. Conversely, many had unproductive experiences with traditional or government shalish before turning to the NGOs. In a few instances, in fact, traditional leaders or UP members themselves suggested that the women request an NGO to organize a shalish. Though not an absolutely unbiased source, since the Foundation has supported NGOs carrying out shalish, the report nevertheless does not attempt to portray the NGOs involved as unblemished or always successful, and carries some weight by using the voices of the affected women as much as possible. Local Studies A recent inter-organizational review of the Barangay Justice System (mainly carried out by two organizations engaged in trying to strengthen the system) and an independent study respectively summarize many of its key features: At the forefront of this system is the punong barangay, an elected official who also acts as chief executive and as presiding officer of the local legislative council. Assisting the punong barangay is the Lupong Tagapamayapa (peace-seeking committee) composed of 10-20 persons†¦who are selected from among the residents of the village or working in the barangay A distinct character of the system is its informality and lawyers are banned in the entirety of the process. (Asia Foundation et al, undated: 1) Once the complaint is received, the PB [or another barangay official to whom the function may sometimes be delegated] will call both the respondent(s) and complainant(s), with their respective witnesses, to appear before him for a mediation of their conflicting interests. If the PB fails, a date is set for the constitution of the conciliation panel pangkat [a three-member panel chosen from the Lupon members by the disputants or, if they cannot agree, the Punong Barangay that will hear both parties and their witnesses, simplify issues, and explore all possibilities for amicable settlement. Arbitration is also recognized as an ADR procedure under the Barangay Justice System, and parties can, at any stage of the proceedings, agree in writing that they shall abide by the arbitration award of the Punong Barangay or conciliation panel. Rojo 2002: 25) An agreement that the parties reach through mediation or arbitration is legally binding on them: it can be enforced by the courts. On the other hand, the BJS jurisdiction is limited in a number of ways. It only can hear disputes between members of the same barangay or of neighboring barangays. Where the conflict has criminal implications, the Barangay Justice System can only handle it if the penalties do not ex ceed a year in prison or a fine of 5,000 pesos (about 60 pounds). Crimes committed by government personnel in the course of their official functions cannot be submitted to the Barangay Justice System, nor can agrarian disputes (for which separate processes have been established) or crimes having no offended parties. As explained by the above inter-organizational review, when the Barangay Justice System was launched in 1978, â€Å"its overriding objective was to decongest the courts of cases brought before it. (1) It advances this objective through the requirement that civil disputes cannot be referred to the courts unless the barangay captain certifies that resolution has been attempted through the BJS. It contributes to this objective, though whether it actually succeeds is another matter. While the Philippine judiciary remains swamped by cases and delay, the BJS did handle almost 279,115 disputes in 1998, settling 84 percent of them. (136) The review further claims that â€Å"it is also a known fact that there are many undocumented disputes bei ng handled and resolved under the Barangay Justice System. (136) According to the review, â€Å"Another avowed objective of the BJS is its recognition of indigenous modes of dispute resolution born out of tradition and culture†¦Time honored traditions based on kinship, utang na loob (debt of gratitude), padrino (godfather), pakikisama (comradeship) and community mores define how justice is to be served. † These â€Å"time-honored traditions† constitute a double-edged sword in advancing what the review considers a third objective of the BJS: access to justice. Though the report puts them forward without any apparent sense of irony or ambivalence, they can detract from access to justice under many circumstances, rather than improve it. These traditions all establish special links which can bias the barangay captain or Lupon members. In fact, in summing up other sources’ research the report acknowledges that sometimes â€Å"personal biases of the barangay captain emerge. Thus, there were cases [in which] one faction of the village is favored over another, or those who offend the barangay captain are punished†¦[Furthermore,] in gender-related issues, the male perspective of the dispute prevails. Independent assessments of the Barangay Justice System reach similar conclusions, suggesting that the political status of the barangay captain and Lupon members render their neutrality suspect. (Rojo 2002; Abaya 2000) Echoing other analysts’ broader assessments of the Philippine polity, (Wurfel 1988; Steinberg 1990) Rojo summarizes how the underlying political economy of the society affects the BJS: In the Philippines†¦social relationships are predominantly based on a patron-client logic, where affectivity becomes the prior guiding force. It is therefore a society that functions according to a political clientelist model, characterized by a personalized, affective and reciprocal relationship between actors with very unequal degree of resources†¦ The role of the local elites, as a result, is to†¦serve as the patrons to a local constituency, representing the intermediary layer between the central government and the voters. Moreover, it is important to highlight that these patron-client relations are not necessarily smooth in nature, and in many cases, violence, coercion and fraud are strongly present†¦ [This has] an extreme impact on the dynamics of local justice administration. Local elites at the barangay level will always have sufficient power to manipulate the dispute settlement process, and even to discourage poor and disadvantaged people [from participating]†¦Surveys indicate that a majority of community residents believe the settlement of disputes is influenced by politics, which is often mentioned as one of the main concerns. 30-31) Despite the surveys to which the report alludes (but does not cite), as well as 1999 survey results indicating that over a quarter of those dissatisfied with the Barangay Justice System identified favoritism as a factor (Asia Foundation et al, undated), other research indicates some acceptance of the system. The fact that it handled nearly 280,000 disputes in 1998, with most of them resolved, is at least prima facie evidence of such acceptance. Nevertheless, we should be open to the possibility that some disputants chose the BJS out of lack of alternatives (such as for those who cannot afford to litigate) or due to inappropriate influence (such as where a woman is pressured by her husband, family or community to abstain from seeking judicial relief). This is not to suggest that favoritism, pressure or lack of resources always influences outcomes, in terms of influence generated by or on mediators to push resolution in certain directions. But given the underlying nature of the Philippine polity, such a phenomenon should not be considered rare. Another indicator of popular acceptance of the system can be found in a 1999 national survey that included those who were BJS complainants and respondents. Within the former category, 67 percent were satisfied with the system, versus 28 percent dissatisfied. Within the latter, the results were 44 percent versus 46 percent. (Asia Foundation et al, undated: 76-77) While the results are mildly promising, the survey size for complainants and respondents is not clear. In addition, we should be aware of the possibility of respondents in these surveys to provide answers that they believe interviewers want to hear. Synthesis of the Reviewed Related Studies and the Present Study As with many aspects of Safety, Security and Accessible Justice (SSAJ), there is a dearth of hard data that can inform decision-making concerning non-state justice systems. At least in Bangladesh and the Philippines, the development community does not know whether the various forms of Non-State Justice System (NSJS) tend to impose unfair processes and settlements flowing from power imbalances or whether they more typically tend to offer imperfect but still-valuable vehicles for the poor. In other words, which is the exception and which is the rule? The research may reveal a mixture of tendencies, but also should produce nuanced findings that inform the work of Department for International Development (DFID). Properly disseminated, the findings may take on significant added value in terms of influencing the thinking and programs of the broader development community. Department for International Development accordingly should support both qualitative and quantitative studies indicating the current state of Non-State Justice System. It also should fund research illuminating whether and how Non-State Justice System activity it supports (or considers supporting) is having an impact on Safety, Security and Accessible Justice and broader poverty alleviation goals. At least two broad, additional preliminary considerations should inform this research. The first is ethical. Some research proposed here involves observation of situations that, if they so choose, researchers could influence (probably, though not necessarily, for the better) by exercising their superior knowledge of state law or by their status as educated individuals. Other studies involve interviews with persons who may offer questions as well as answers. Is it ethical to refrain from assistance under such circumstances? There are ways of striking a balance—certainly, the academic and development communities do so all the time (though how well is another matter). Another powerful argument for these studies, of course, is whether it is ethical not to do such research in exploring whether and how to work with NSJS, and, much more broadly, whether the dearth of applied research across the spectrum of law and development work reflects an unethical approach. An overlapping consideration is the practical one of how methodologically sound this research must be. It of course needs to be informed by careful planning that brings into the picture expertise that reaches beyond the legal community. But it is important to bear in mind the experimental nature of these inquiries: they will themselves constitute learning experiences about how to employ applied research to NSJS, so as to yield findings with practical applications. In carrying out these

Colonial Rhode Island with Bibliography essays

Colonial Rhode Island with Bibliography essays Colonial Rhode Islands communities, a group of people in an area with a common goal, beliefs were surprisingly common to the beliefs of my culture of Omaha. Including are religious beliefs And the government beliefs. The cultural diffusion, bringing one culture into another, between the Natives and Colonists was amazing. You cant be ethnocentric, viewing anothers culture by ones standards, when viewing the beliefs. The Baptist church formed in Providence, Rhode Island, in 1639. Quakers merged with the Antinomians, the natives, and established a meeting house in 1657. This soon became a powerful force in the colony's ethical life. A Jewish Church, a religious group, was established in Newport in 1658. Puritans, very religious people, were also there setting up places for them to go. Rhode Islands religious belief was very much like Omahas today, which is that anyone can have any religion they want without being punished. The Puritans believed in hard work, and they worked every day and never took it easy, these people made Rhode Island very productive. The Lower class, a person with a low social status, was the hardest working. Social loafing, when one slacks off in a group, was not accepted at all, this is somewhat the same in Omaha. They were most productive in the industries of trading, shipping, lumbering, and fishing. Omaha is most productive in manufacturing, financial, and consumer goods. Fishing was one of the biggest industries in Rhode Island, one out of every seven men took place in fishing. In Omaha fishing is not a big source of income because there is not a big water body by Omaha. Rhode Island did use money, Rhode Island was the first to use and introduce the five dollar bill that is much like the one used in Omaha today. Rhode Island's government was very much like ours today. For an amount of years it shared two capitols, Newport and Providence. There was a chief state offic...

FBI Whistleblower Colleen Rowley Essay Example | Topics and Well Written Essays - 250 words

FBI Whistleblower Colleen Rowley - Essay Example In the hours after the Sept. 11attack, the FBI agents shared a joke. For days, they had made attempts to create interest in the FBI in Washington, to look into Zacharias Moussaoui, who was the 20th hijacker. They had made attempts to ask the FBI to give them the permission to search Moussaoui’s computer; they were denied. Amidst their frustration, they made the joke that the headquarters back in Washington had been working with Osama Bin Laden, as otherwise there would have been no reason for them to turn them down. This was a disturbing story that was told in a 13-page letter that was written to the director of the FBI Robert Mueller, by Colleen Rowley. The letter is documentation of the effort put by Rowley as well as the Minneapolis Chief Division Counsel, to develop an interest in Moussaoui. Coleen Rowley commenced her career with the FBI in Mississippi and later made relocation to the city of New York in the year 1984. After the 9/11 attacks, Rowley explained to the direc tor of the FBI, how the personnel had not responded to the information that had been providing on Zacharias Moussaoui. In the months that followed, Muller made the acknowledgment that the attack could have been prevented if the FBI had responded the tips that they had been given.