Sunday, April 12, 2020
The Shawshank Redemption, Personal Power Essay Example
The Shawshank Redemption, Personal Power Essay Advanced English Mary Gordon-Thomson 1) Explain how The Shawshank Redemption represents the personal power 2) Compare The Shawshank Redemption with another text in relation to the power of one 3) Do you agree with how The Shawshank Redemption represents organisational power 4) Compose your own text representing personal power 1. The Shawshank Redemption representing personal power The entire plot of this film relies on how personal power is striped from the prisoners and the effect that this has on them. With out this aspect the film would have very little or no effect in displaying Andyââ¬â¢s escape. Personal power is represented through out the film in a multiple of ways including scenes such as ââ¬Å"institutionalisedâ⬠and the music scene where Andy finds the record and plays it over the P. A system. Personal power is taken by a number of ways through out the film but mostly it is by isolation and imprisonment (both metaphorical and literal). The prisoners are living in a world of multiple layers of isolations. Starting from the large enclosed recreation yard to the smaller work crews down to the cellblock, cells, and leading to solitary confinement. Each of these layers are represented both physically and visually as well as through out the spoken thoughts of Red and significant lines by Andy. Imprisonment both mentally and physically also takes the personal power of choice away from the inmates. It seems at stages the only kind of power Andy or any of the other inmates hold is the freedom of thought and hope. Andy is shown to have much more hope then the other prisoners which is displayed by his ââ¬Å"inner lightâ⬠as Red calls it. ââ¬Å"All I know for sure is that Andy Dufresne wasnââ¬â¢t much like me or anyone else I ever knew. .à . . It was a kind of inner light he carried around with him. This was spoken by Red after Andy traded tax advice with Bryon Hadley for beer for his workmates. It is Andys sense of self-worth that gives him the confidence and ability to make decisions such as these. The idea of institutionalisation is mentioned frequently by Red through out the film. This is the concept of how the prison takes away a persons ability to think independently and places them in a position of dependence on the routines and regulations of the prison. Red has the personal power to over come this feeling of institutionalisation by not following the path of Brookes after making parole. We will write a custom essay sample on The Shawshank Redemption, Personal Power specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on The Shawshank Redemption, Personal Power specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on The Shawshank Redemption, Personal Power specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Personal power is also represented in the music scene, possibly the most couragous (or perhaps just stupid) act Andy does in his time in the prison. By deliberatly disobaying orders from the Warden and continueing the music (a personal choice Andy makes) he puts himself at risk but gives the prisoners a few moments of freedom inside their regulated lives. Of course he pays the price for this but he is able to hold the music in his mind and uses that personal power to over come the pain he faces whilst in solitary confinement for two months. These are only displays of personal power that are written in the script. Cinematic techniques such as colour, camera angles, contrast, juxtoposition and repetition are all used to highlight and represent different aspects of personal power. The Shawshank Redemption represents personal power extremely well through out the film in these ways and more. This all in collaboration displays this aspect of power in a clear and obvious way that is able to be understood with out in depth analays like what we have done. 2. The Shawshank Redemption in comparision with Do you have power? By Julius Babarinsa regarding the power of one. The power of one means the power that one individual has over another person, place or thing. In The Shawshank Redemption it is obvious how Andy has the individual power to not only change his circumstances but also to vastly improve the lives of the other prisoners in Shawshank prison. Andy is able to (with the power of persistence) create an entire library that allows the inmates to read and learn when they previously could not. Andy is also able to bring hope back into the lives of many of his friends in the prison such as Red. ââ¬Å"I hope Andy is down there. I hope I can make it across the border. I hope to see my friend and shake his hand. I hope the Pacific is as blue as it has been in my dreams. I hope. â⬠In Julius Babarinsaââ¬â¢s poem Do you have power? He creates a long list of people and what they have power over and concludes the poem with: ââ¬Å"We should realize that we are all citizens of this world we owe it to our children to use our powers positively to help make this world a better and friendly place So that we can create a just and compassionate societyâ⬠By doing this he not only signifies the power of one but also enforces the question of how can you, the responder; use this power to benefit the world. Both The Shawshank Redemption and this poem have clear and precise ideals on what is able to be achieved as an individual and the expectations that this puts on each person to be the best that they can be. Whether that be breaking out of prison with a rock hammer or electing the right representative in a vote. 3. Organisational power in The Shawshank Redemption The Shawshank Redemption is extremely effective in its representation of organisational power. It uses a lot of different cinematic techniques such as repetition, contrasts and costume to clearly display different organisational power through out the film. There are two main forces of organisational power in The Shawshank Redemption. The guards are one group of organised power and the other organised power is the routine. The guards and the routine are both forces made by the prison but they use their power in completely different ways. The guards are brutal, they use force to scare the prisoners to do as they are told and completely rely on threats and intimidation to keep their position. The power that they hold may be very strong at their peak but when power relies on abuse and dishonesty is can not last forever. The routine is a very different kind of organisational power. It is present in every single shot inside the prison, from things as simple as their clothing to what time they eat, sleep and use the bathroom. It is unescapable and yet seems to be irrelevant in comparison to the obvious power of the guards. The reality is, it is not physical and mental abuse of the prisoners that wears them down, is it the constant and ever strong drone of this routine that break them. If given enough time it strips away everything individual the prisoners could previously have, even up to something as personal as a name. The guardsââ¬â¢ power is obvious; it is shown in their uniforms, specifically angled shots to display height and status and the constant reminder of weaponry they have at their disposal, whether that be a fist, a gun or a baton. The routines power however is much more subtle and therefore can go unnoticed. It is shown effectively in the repetition of significant events (such as how Reds parole was being rejected and Red and Brookes leaving from the prison being exactly the same), Consistent and never changing features in lighting and colours with in the prison and also how time and age are shown. These two very different displays of organisational power are contrasting and yet both so effective through out the film. The direct choice of having more then one type of organisational power clearly displays exactly how powerful each organisation is and this adds greatly to our understanding and appreciation of the film. To answer whether or not I agree with how this type of power is displayed I hope it is clear to see I defiantly agree and I think they did a marvellous job of displaying and explaining organisational power through out the film. 4. Own text representing personal power My new home was the epitome of dank. The roof leaked, the walls thin and windows non-existent. It was there that I met Cooper. Cooper was my saviour. My brother. My best friend. He understood me in a way that I had never dreamt possible. Together, we found a light within the darkness. Every day, a new adventure beckoned. A game to be played; a secret smile to be shared. He made the slow years pass just a little bit faster, until finally, we decided to leave our murky prison and face the open air. Together, we would make it. That much was certain. The world outside the orphanages gates was harsher than either of us had anticipated, and it wasnââ¬â¢t long before we were making money the only way that we knew how. He would steal, and I would sell myself. We aspired to save enough money to rent a little place. To create that of which neither of us ever had, a home. However, that dream always seemed to be just that, a dream. Unachievable and unreachable. It was then, when our happiness seemed so shattered, that Cooper devised a plan. We would combine our talents. It was simple really; I would lure men into an ally, where he would beat them and steal their money. The first time this happened, I was unaware of the plan. The blood on his fists made my stomach turn and I screamed at him to cease. For the first, but not the last time, he scared me. Soon he became more ambitious. The plan changed. After seducing a stranger, instead of a dark street, I would allow him to lead me into his home. Cooper following quietly from behind, and while I distracted the man of the house, he would rob him of his every possession. In this way, the money that we needed to rebuild our lives was quickly collected. I told him that I would get a job in the market place to help; that I wanted to do this right. He disagreed and insisted that we continue, just one more job. And then another. And another. Cooper would not see sense. He began to muffle my complaints with his fists. I was scared but I knew nothing else. He was my everything. Without him, I could not exist. Eventually, the inevitable occurred. His anger overpowered his rational thought and a man lost his life beneath Coopers thrashing fists. How could I love a murderer? My brother. My best friend. Where did that boy go? The light that he once sparked within me had disappeared, and I knew that I must leave him. The following night I fled beneath a cloak of darkness. Miserable and lonely, I searched the streets for a familiar face; instead I found a familiar place. A whorehouse. My training had served me well, and I was accepted into one of the most highly respected brothels in town, the bell and whistle. This particular bordello served a higher class of customers then those with whom I had previously associated myself. We entertained societyââ¬â¢s elite, royals, noblemen, high ranked officials, and, as you are aware, members of the church.
Tuesday, March 10, 2020
Research Paper on Gandhi
Research Paper on Gandhi Gandhi was born on October 2nd, 1869 in Porbandar, a town of 70,000 people and was ruled by a native prince whom the British usually left alone as long as he did as he was told. Gandhi family belong to the Modh Bania which is a subdivision of the Vaisya caste. According to the old Hindu social scale, the Vaisya is classified as tradesmen or farmers which ranked third. The Bania which had a connotation of moneylender, slightly lower. However Gandhiââ¬â¢s father and as his father before him was a Diwan or chief minister for the Porbandar prince. Gandhi was one of the youngest of the six children and spent his early life in a thee-storey house that had been in the family since 1777. Gandhi as an infant could not tell his brother and sisters from his numerous cousins for following the Hindu custom and his father shared the house with five brothers, their childrenââ¬â¢s children. The immediate family lived in two rooms which one of them was 20 by 30 feet and the other 13 by 12. Such crowded quarters required patience and the ability to give and take were the main part of survival. Gandhi learned both of these values and also tuning out what he did not want to hear. The later years, Gandhi freely credited his mother with his religious devotion. However it never occurred to him that he may owe his father for something as equally as important such as his instinct for practical politics and diplomacy. While officially as a servant of the ruling prince, Gandhi was mainly a negotiator in grievances and long suffering subjects. Even though porrly educated, Gandhiââ¬â¢s father had a common sense approach to problems that made his judgement as a highly valued official circles. His reputation as a absolute loyalty. After an assistant political agent for the British insulted the Rajkot prince, others sat in silence, but Gandhi stood up and criticized him and Gandhi was arrested immediately and also refused to apologise. This was the first lesson for Gandhi in passive resistance. Young Gandhi spent his hours after school with his mother, who he said was ââ¬Å"the embodiment of the traditional Hindu virtues of love, humanity and self-sacrifice.â⬠Gandhi would accompany her to the temple, sitting nearby and listening as she comforted the widowed mother of the prince, tended the sick and other this lead throughout the night. Gandhi was influenced by his motherââ¬â¢s powers of endurance as he was awed by her spirited of willing self-denial and she inspired Gandhi during some of the most troubled times of his adult life. The Ahimsa is the cornerstone in Gandhiââ¬â¢s tactics, strategy and ethics. The word Ahimsa means ââ¬Å"non-violenceâ⬠. However accurately speaking the term means the absence of himsa. Which the himsa is a Sanskrit word meaning doing harm to others or being hateful. Therefore the first layer of the meaning to ahimsa involves a substantial portion of the Hindu belief. This broadly influences and guides the other levels of social interaction. This suffering ideally takes place without the anger, vengeance or even resentment. As for example today protestors such as Greenpeace who aspire to save the forests show considerable resentment when they are made to obey injunctions, pay fines or are arrested. Which they seemed to have learned the most visible portion of civil rights movement but also have missed philosophical roots in Gandhi and Hinduism. Gandhi was also considerate to other world religions. As an example, he identified a central principle common to both Hindu and Christian religion. More importantly he used this idea to help motivate the desired actions on the part of his followers and at the same time as well, he anticipated the emotional reactions of the populations which could be put political pressure on British power. This influence was Gandhiââ¬â¢s overt objective. He also often spoke of the inability of the human heart to witness suffering without wanting to help which Gandhi believed that persuasive appeals to the hard of the western citizens could bot be ignored. His moralist part of him said this was because of the nature of the ââ¬Å"lawâ⬠however his politician side understood how such a priority would be experienced by Christian believers. He mixed politics with religion and also mixed religious traditions. He said ââ¬Å"I do not share the belief there can or will be on earth one religionâ⬠I am striving to find a common factor to induce a mutual toleranceâ⬠. However to those who saw in his teachings the emergence of a new faith, he said ââ¬Å"There is no such thing as Gandhism. I am not a saint who has strayed into politics. I am a politician who is trying to become a saint.â⬠Gandhi rose as an unlikely religious and political celebrity. He was the crusader against injustice who renounced both sexual pleasure and the entire modern world. To this mix of traits was added to his philosophy of political protest which he gained the name Satyagraha. Taken this term literally means ââ¬Å"The truth forceâ⬠in Sanskit however in practical terms it means the refusal to obey unjust authority. To the Indian people, Gandhi gave a nation and to the world he gave satyagraha and ahimsa which are the most revolutionary ideas of a long and ravaged century. He also showed that political change could be affected by renouncing violence and that unjust laws could be challenged peacefully and with readiness to accept the punishment. The ââ¬Å"soul forceâ⬠as much as like armed force could bring down an empire. Not only he drew his lessons from his religion, he also learnt from the readings of the Bible, Tolstoy and the Bhagavad-Gita, and he taught it to Martin Luther King Jr., Nelson Mandela and countless other political protestors who would follow his example in mayn years to come. Gandhiââ¬â¢s greatest achievement lay in his legacy to inspire people of all nations to take up the peaceful struggle for freedom from oppression. In New Jersey City with the reports of increasing teenager violence a bill has been introduced to the New Jersey Assembly seeking to include Mahatma G andhiââ¬â¢s non-violence teachings in school curriculum throughout the state. The bill that was introduced along with 17 others to stem violence and would require schools to teach the non-violence teaching and philosophies of Gandhi as part of the Core Curriculum standards for social studies in school if it is passed. Gandhi works pass from time to time and his influence upon our society is still evident today and probably the four most important things to take from Gandhi his teachings are peace, truth, non-violence and equality.
Sunday, February 23, 2020
Global strategy Essay Example | Topics and Well Written Essays - 500 words
Global strategy - Essay Example Their response can turn the position of any organization either way, hence knowing the customer demand is of immense importance. What is the output: having identified and addressed the other four components appropriately, the evaluation of the product or process manufactured is important, it can be done so through comparison with objectives defined and objectives achieved (Drucker, 2008). Leader is the person who leads, leadership is the process where one particular individual leads the ranks and guides rest of the team that is following the individual person. Leadership is not an individual goals achievement process; rather it is a collective process that involves taking on board all the members involved in the project. Leadersââ¬â¢ decisions, actions, strategy turn the fate of project and organization either way (Kellerman, 2004). An Effective leader relies on the principles of professionalism, organizational productivity, customer satisfaction, fulfilling of merits and rules are few of the top priorities of an effective leader. Besides, effective leader promotes team work, encourages his subordinates and provides them with facilities and opportunities that are beneficial both for the individuals and the organizations. Goals should be set high despite average level surroundings, and focus should be on professional work ethics regardless of the ineffective members and leadership around. à Young leader should follow the guidelines defined by the book, and should make every decision based on merit. Providing equal opportunities to the subordinates and bringing the best out of his lower staff are few of the qualities a leader should possess. Finally, devising an effective strategy is of core importance towards a successful business venture, this is complemented by the appropriate plan of actions to be taken.Guidelines should be provided to the new executives that provide them with a pattern of what is to achieve and how to go
Friday, February 7, 2020
Research and Analysis of Business Problems in AMR Corporation Paper
And Analysis of Business Problems in AMR Corporation - Research Paper Example In our project, we begin by identifying the position of the company that we are studying. In this, we use mainly the vision, mission, core values, and the stakeholders of this organization. This has been actually necessary since it helped us to understanding the decision-making framework of this company that we later used in the problem identification and problem finding. We also identified the decision making model used by this company and some of the human factors that affects the decision making process in this organization. After this, we later identified the problems that are faced by this company and analyze their importance, severity, and urgency to help us in the prioritization of those problems. After prioritization, we identify the one that requires to be addressed first and we go on in identifying the possible alternatives to this problem. We later analyze our alternatives to obtain the solution to our problem and thus decide the implementation process we will undertake. W e later analysis the implementation process using feasibility analysis, cost/benefit analysis and ethical screening to determine whether the implementation process is worth undertaking. ... However, in this research I did not include the budget of the implementation process and the actual cost that the company might expect to incur during the project undertaking. I thus would like to propose that a small research on the materials and equipment needed and their costs be done before implementation to give the company the actual cost of undertaking this problem solution. Position AMR Corporation is a group of companies operating in the aviation sector.This corporation has two airline subsidiaries, which are American Airlines and AMR Eagle Holding Corporation. These two subsidiaries have various divisions. The key person in this Corporation is Thomas W. Horton who is both the president and the CEO. AMR Corporation is a public companythat offers transportation services majoring in airline services. It has very high operating cost and net income that results to high total income. It has a property in London as well as other places.Previously it has acquired several certificat ed airline holdings to expand its operations. Moreover, being a public organization it has several stakeholders like employees, shareholder, passengers, NGOs and government bodies (American Airline 2012). Vision Statement The Vision of AMR Corporation is to have a sustainable future where it could minimize its operation cost, while maintaining high quality and reliable services to its customers and at the same time offer good working environment for employees. Mission statement Providing exceptional services and amenities in order to provide an enjoyable, comfortable and convenient experience on our airline (American Airline 2012) Mission statement of
Wednesday, January 29, 2020
Importance of Identity and Good vs. Evil in the Epic Story Beowulf Essay Example for Free
Importance of Identity and Good vs. Evil in the Epic Story Beowulf Essay The epic story Beowulf narrates the story of the hero named Beowulf and his legendary battle with the monster Grendel and later on, Grendelââ¬â¢s mother who longed for revenge because of the death of her beloved son (Kennedy).à This epic story, along with many other epic stories, has central themes on the importance of identity and the popular topic on good versus evil. The purpose of this paper is to discuss these two central themes of Beowulf.à This paper is cut into two sections. à The first section discusses the theme of importance of identity in the epic story while the second section discusses the depiction of good and evil within the story. Importance of Identity à à à à à à à à à à à The story of Beowulf emphasizes the importance of identity (Raffel, p. 135).à In the story, almost everyone introduces himself in terms of who his parents or ancestors were.à Moreover, almost everyone in the story has an act or wants to act to continue the legacy of their ancestors (Anderson).à This very belief mirrors the principles of the people who lived in those times.à These people believed that there is no afterlife and thus, his soul can live forever if and only if he does something of great value that can never be surpassed or forgotten.à In the story, Beowulf illustrates the pride of their ancestry by helping King Hrothgar who once aided Beowulfââ¬â¢s father. In addition to the eternal glory of the soul, these people also believed that by doing something great, he brings pride and eternity to his ancestry. This is what they call the heroic code (Fellow, p. 7).à They further believed that once you defy the heroic code, you will be dishonored by your ancestors, your reputation will be destroyed and your soul will be punished with death ââ¬âyou will not be remembered forever and your childrenââ¬â¢s children will also inherit this dishonor. Good vs. Evil à à à à à à à à à à à Along with many other stories, Beowulf also tackles the ever famous battle between good and evil.à Our hero Beowulf is the symbol of everything good in the story.à He went to Denmark and bravely told King Hrothgar (king of Denmark at the time) that he will battle with the monster Grendel sailing with only a few men by his side (Raffel).à His bravery also led him to defeat Grendel and later on, face the monsterââ¬â¢s mother.à The evil side is symbolized by Grendel, his mother, and his future brother and Beowulfââ¬â¢s son, the dragon. When Grendel hears any kind of noise (to him any sound is considered a noise), he goes on to kill whoever makes that noise without any consideration who this person might be.à Grendelââ¬â¢s mother is an avenger who killed one of Beowulfââ¬â¢s loyal advisers to avenge the death of her son (Anderson).à Beowulf, however, was not threatened by this act and comes to the monsterââ¬â¢s lair to kill her. He becomes the storyââ¬â¢s messiah ââ¬â he saved the lives of the people of Herot by slaying all that is evil.à He embodied the good side because of his courage to fight with the dragon. à He sacrificed himself in order to save his people.à Moreover, he is the bringer of more treasures to his own kingdom.à Thus, good and evil in this story symbolizes the eternal battle between God and Satan and light and darkness.à And as always, good triumphs over evil, God wins over Satan, and darkness will never exist in the presence of overpowering light. Works Cited Anderson, Carolyn. Gaest, gender, and kin in Beowulf: Consumption of the boundaries. April 12 2008. http://www.heroicage.org/issues/5/Anderson1.html. Fellow, W.P Ker. Epic and romance: Essays on medieval literature. New York: The Macmillan Company, 1897. Kennedy, Charles W. Beowulf: The oldest English epic. London: Oxford University Press, 1978. Niles, John D. Understanding Beowulf: Oral poetry acts. Journal of American Folklore 106.420 (1993): 131-55. Raffel, Burton, ed. Beowulf. Reprint ed: Signet Classics, 1999.
Monday, January 20, 2020
Family Planning Will Prevent Child Abuse :: Prevenintg Child Abuse
Child abuse is one of the biggest problems facing America today. Children whose parents abuse them often turn to a life of crime, or suffer physical or mental scars. In severe cases the child may even die. In Saint Louis a boy was attacked by a pack of dogs, after he had finished playing basketball at the local court. If his mother had reported him missing he may have been found in time to rescue him, instead he bled to death under a tree. (Davis 3A) Of course this is an extreme case of child abuse, and it is often not this severe. The best way to prevent child neglect is to start family planning at an earlier age. It is tough for many people to understand why anyone would abuse a child, but it happens more than people think. Intergenerational transmission of violence is a major cause of child abuse. Children who were abused when they were young are more likely to be abusive when they grow up and have children. (Compton?s 1) Some studies have shown that thirty percent of abused children grow up to be abusive parents. Children who were not abused and grow up to have children are much less likely to be abusive parents, only two to three percent of people will be abusive. (Child Abuse and Neglect 1) People would tend to question why a child who knows how hard it was when they were young would grow up and do this to their child. Children grow up thinking that everything their parents do is right. The problem is when these children are abused they don?t often learn that it is the wrong thing to do, and will be more likely to abuse their children. (Compton?s 1) Stress can be a cause of child abuse as well. Parents who don?t know how to handle stress will often lash out, and become abusive to their children. Stress can be brought on from a variety of places. Common stress factors are unemployment, illness, drug abuse, poor housing, larger than average family size, death, or the presence of a new baby. (Compton?s 1) A large number of cases of child abuse come from families living in poverty, poverty can cause or result of any one of the most common stress factors. (Child Abuse and Neglect 2) When people are under stress they often will lash out at their kids for the littlest incident, if this happens too much they may start to physically abuse their kids.
Sunday, January 12, 2020
Law Social Engineering
LAW AS A TOOL FOR SOCIAL ENGINEERING IN INDIA KARANDEEP MAKKAR1 Roscoe Pound introduced the doctrine of ââ¬Å"Social Engineeringâ⬠which aims at building an efficient structure of society which would result in the satisfaction of maximum of wants with the minimum of friction and waste. It involved the rebalancing of competing interests. This article analyses the role of legislations, constitutional provisions and court judgements in the process of social engineering in India.Introduction India, known around the world as a ââ¬Å"cradle of civilizationsâ⬠has always been a queer mixture of various faiths, religions, a place where the cultures of the world meet, constituting an environment of composite culture. It was for this reason that Pandit Jawaharlal Nehru called India the ââ¬Å"the museum of world religionsâ⬠. Indeed, the very paradigmatic setting of India has been pluralist all along. Even today the land mass called India, spread over 3. 8 million sq km of area inhabited by a thousand million plus population, with every imaginable kind of a weather pattern from minus 40 degree Celsius in greater Himalayan region to 50 degree Celsius temperature in the deserts of Rajasthan and temperate weather of coastal regions, 20 official languages written in 16 different scripts, around 2000 dialects, 16 well demarcated agro-climatic zones2 and almost all religions of the world well and adequately represented, presents a mind boggling variety and plurality.And all this has a bearing on Indiaââ¬â¢s liberal, secular, republican, politico-legal system. Under these conditions, it becomes very necessary to have a mechanism for balancing the interests of the individuals, society and the state. India, after independence, adopted the ideal of a socialistic pattern of society and has formulated programmes of social welfare in various spheres. The aim is to establish a social order which would eradicate exploitation, secure equal opportunities for all citize ns, ensure that they share just obligations and enjoy social security.The means adopted in achieving these ideals these ideals are peaceful and democratic. The goal is sought to be achieved mainly through the enactment of suitable laws. It is generally recognised that legislation does create healthy conditions for such changes. It is in these circumstances that law comes into play to act as an agency balancing conflicting interests and becomes a tool for social engineering. This article analyses the 1 2 Student, 3rd Year, B. A. LL. B (Hons. ), Hidayatullah National Law University, Raipur. Data teken from http://en. ikipedia. org/wiki/India accessed on 31-03-2010 role of legislations, constitutional provisions and court judgements in the process of social engineering in India. The Concept of Social Engineering Roscoe Pound was one of the greatest leaders of sociological school of jurisprudence. He introduced the doctrine of ââ¬Å"Social Engineeringâ⬠which aims at building an e fficient structure of society which would result in the satisfaction of maximum of wants with the minimum of friction and waste. It involved the rebalancing of competing interests.Roscoe Pound defined the legal order by reference to the end of law: ââ¬Å"It [the legal order] may well be thought of as a task or as a great series of tasks of social en-gineering; as an elimination of friction and precluding of waste, so far as possible, in the sa-tisfaction of infinite human desires out of a relatively finite store of the material goods of ex-istence. ââ¬Å"3 Interestsâ⬠, ââ¬Å"desiresâ⬠, ââ¬Å"claimsâ⬠, ââ¬Å"wantsâ⬠ââ¬â for the most part the words are used interchangeably in Pound's writings, although ââ¬Å"interestsâ⬠sometimes serves as the inclusive term. He writes, ââ¬Å"For the purpose of understanding the law of today I am content with a picture of satisfying as much of the whole body of human wants as we may with the least sacrifice. I am c ontent to think of law as a social institution to satisfy social wantsââ¬âthe claims and demands involved in the existence of civilized societyââ¬âby giving effect to as much as we may with the least sacrifice, so far as such wants may be satisfied or such claims given effect by an ordering of human conduct through politically organized society.For present purposes I am content to see in legal history the record of a continually wider recognizing and satisfying of human wants or claims or desires through social control; a more embracing and more effective securing of social interests; a continually more complete and effective elimination of waste and precluding of friction in human enjoyment of the goods of existenceââ¬â in short, a continually more efficacious social engineering. â⬠5 Like the engineer, the jurist constructs, creates ââ¬â but not out of thin air.Like the engineer, he must work with resistive materials, without which, however, he could not build at all; and always there are adverse conditions imposed upon his activity. Friction and waste, represented by a sacrifice of interests which might be secured, must be overcome. The task is one for human activity: though requiring methodical care, there is nevertheless nothing static about it. Technique and materials may be improved. Jurist 3 4 5 Pound, Roscoe, ââ¬Å"Interpretations of Legal Historyâ⬠, Harvard University Press, 1946, At P. 160. Pound, Roscoe, ââ¬Å"The Spirit of the Common Lawâ⬠, Transaction Publishers, 1999, At P. 96. Pound, Roscoe, ââ¬Å"An Introduction To The Philosophy Of Lawâ⬠, Transaction Publishers, 1999, at p. 20. must work on, must create an ever greater, ever more serviceable structure. The engineering analogy stands out as both graphic and timely. 6 According to Roscoe Pound, law is an instrument of social engineering. The task of jurists is to find out those factors which would help in the development of culture conducive to the maximisa tion of satisfaction of wants. These factors are principles as Jural Postulates. 7 Technique of Social Engineering:Pound advocated the technique of Social Engineering for the purpose of balancing the conflicting interest of the society, in order to achieve maximum satisfaction of maximum want of the individuals. He advocated that the study of law should be supplemented by social aspects so that it may become more attractive and useful. Spencer and Bentham also in a way directly and indirectly applied law to men in society. Judicial Application: Pound suggested that judicial application of law should take into account the following factors: (a) The factual study of social effects of the administration of law. b) Social investigations as preliminaries to legislation. (c) The means by which the law can be made more effective should be devised. (d) A study of legal and philosophical aspect of judicial method. (e) Sociological study of Legal History. (f) The achievement of the purpose of law. (g) Possibilities of jurisprudence of interests and reasonable solution of the individual case. SOCIAL LEGISLATION AS TOOL FOR SOCIAL ENGINEERING When unequal distribution of wealth exists in a society or when social justice is denied to certain sections of the people, laws are enacted to bring about equilibrium.These laws may be designated under ââ¬Å"social legislationâ⬠. Social legislation tries to remove inequalities and to benefit the whole community rather than a few individuals. It adjusts 6 7 Douglas, Some Functional Aspects of Bankruptcy (1932) 41 YALE L. J. 329, 331. Dr. Laxmikanth, ââ¬Å"Law and social transformationâ⬠, at pg. 6 supplements and sometime replaces the existing legal system. In other words, in addition to ameliorating the social conditions of people, it bridges the gulf that exists between the existing law at the requirements of the society at a given time. Social legislation, in this sense has a special significance. It is different from o rdinary types of legislation in as much as it reflects, the legislative policy of establishing social justice on humanistic and egalitarian principles. The primary functions of social legislations are summed up by Hogan and Inni in following words: (1) To provide for the orderly regulation of social relationship. (2) To provide for the welfare and security of all individuals in the social unit. 9 Social legislation, therefore, aims at establishing social equality in society.The needs of society are adjusted and those who are responsible for creating imbalances or inequalities in society are prevented from doing so. It is however, necessary that all social legislation must be accompanied by ââ¬Å"social preparednessâ⬠ââ¬â by effective propaganda to educate the people about its objects and to convince them of the ultimate utility of a particular legislative measure aimed at promoting the common good and fostering the common welfare. It is only then that the law can give dir ection, form and continuity to social change. The effectiveness of social legislation also depends on attitude of judiciary.Under the traditional approach, the judges usually paid greater heed to the letter of the law and the mischief that was to be removed by the law. Social conditions and economic trend were not supposed to influence him in arriving at a certain decision. But this attitude appears to have changed in recent times. The judge appears to be conscious of the felt necessities of the time. He feels that his duty is not only to point out mistakes of legislature or remove unjustifiable hardships caused by law but also to assist in the social and economic progress of our times. 10 LEGISLATIONS ENACTED FOR THE PURPOSE OF SOCIAL ENGINEERING 9 10 Balbir Sahay Sinha, Law and social change in India, , 1983, Deep and Deep Publications, pg. 25 Hogan and Inni, ââ¬Å"American Social Legislationsâ⬠, Harper and Brothers, New York, at p. 4. Supra Note 7. The introduction of certa in major changes in the Hindu family law is a very important instance of social reconstruction in India in recent times. This has been brought about by such Acts, as The Hindu Marriage Act, 1955, the Hindu Minority and Guardianship Act, 1956, and the Hindu Adoption and Maintenance Act, 1956. The provisions of these Acts are calculated to generate effective means of social control.For instance,Section 12 of the Act prohibits polygamy which was very prevalent in the society before the enactment of the Act. This can be viewed as a measure to balance the interests of the husband and wife as also a means for social control. The socio-economic revolution that has resulted from new land legislations is best seen in rural India. The land reform measures, adopted by the State Governments in the wake of Constitutional amendments, are meant to mitigate the hardships of tenants, strengthen and safeguard their tenancy rights and confer a new status on them.This type of legislation can be rightly regarded as one neutralising the socio-economic disharmony in the rural population. The pitiable conditions and large-scale poverty of the rural population produced a sense of frustration in our peasantry endangering the entire society. The grievances of the agriculturists are being gradually removed by the land reform projects which would ultimately bring about a degree of social satisfaction and create a spirit of co-operation in the masses. 11 The new labour laws are aimed at battering the conditions of the workers in trade and industry.These laws have had an impact on social structure to a large extent. The individual workerââ¬â¢s interest has been given great importance. The freedom of contract between the employer and the employee has been regulated in the interest of the worker and attempt has been made to assure to every worker condition of work ensuring a decent standard of life. A number of important enactments as, for example, The Industrial Disputes Act, 1947, The Mi nimum Wages Act, 1948, The Plantation Labour Act, 1951, The Maternity Benefit Act, 1961 have been designed to curb, if not eradicate, the urge to exploit workers.Thus, they promote the welfare of workers and balance interests of employees and employers hence resulting in social engineering. CONSTITUTIONAL PROVISIONS PROMOTING SOCIAL HARMONY The glaring inequality of different types more particularly based on sex and caste prevailed in Indian society until the pre-independence days, despite continuous efforts by the state, reformers and missionaries to control and eradicate them. The immediate 11 Supra note 7, at pg. 27 task for the Indian people and constitution makers was to establish an egalitarian society.Therefore, in the preamble of the constitution it was declared that ââ¬Å"we, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE, social, economic and political; LIB ERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the nation. 2 The constitutional provisions relating to secularism aim at bringing about integration and harmony in the society. Article 15 of the Constitution forbids a classification on the ground only of religion, race, caste, sex, place of birth or any of them, subject to specified exceptions and Article 16 makes a like provision in connection with public employment with the addition of ââ¬Å"descentâ⬠and ââ¬Å"residenceâ⬠as forbidden grounds of classification. The Constitution gives the right to all persons to profess freely, practise and propagate religion subject to public rder, morality and to other provisions of the Constitution on Fundamental Rights. Thus, in India no religion is given a preferential status or accorded any special privilege and the Constitu tional provisions aim that no person should suffer any disability because of his religion. In order to achieve social progress and political advancement, the practice of untouchability has been outlawed by Article 17 of the Constitution and by the Untouchability Offences Act, 1955 enacted in pursuance of Article 17. These are clear indications to end social equality.The provisions referred to are aimed at effectively balancing the various conflicting interests in the society and form the basis of what Roscoe Pound termed as ââ¬Å"social engineeringâ⬠. A STUDY OF CASE LAWS While Sociological jurists emphasize on the balancing of the conflicting interests of the individual, society and the public through the process which Roscoe Pound terms as the process of ââ¬Ësocial engineeringââ¬â¢, the same has also been witnessed though the action of the Supreme Court when, in Vellore Citizenââ¬â¢s Welfare Forum v.The Union of India13 which is known as the Tanneriesââ¬â¢ case t he Supreme Court observed as ââ¬Å"The Constitutional and statutory provisions protect a personââ¬â¢s right to fresh air, clean water and pollution-free environment, but the source of the right is the inalienable common 12 Bal Gobind, Kashyap, Reformative law and social justice in Indian society, 1995, Regency Publications, New Delhi, at p. 8 13 AIR 1999 SC 2715 law right of clean environmentâ⬠. The Court further observed, ââ¬Å"Our legal system having been founded on the British Common Law, the right of a person to pollution-free environment is part of the basic jurisprudence of the landâ⬠.Thus the Court gave priority of public interest over individual interest. In B. Venkatramma v. State of Madras14, the passing of a communal order by the Government allotting certain vacant posts in government services in fixed proportions to Muslims, Christians, Harijans, Backward Hindus, Hindus, Non-Brahmin Hindus, and Brahmins was taken to be a violation of Article 16(1) of the c onstitution by the Supreme Court. CONCLUSION Rapid change in Indian social life is the result of many factors.The influence of public opinion, the lessons of history, and the examples of progress achieved in other countries, the impact of ideas from the West- all have played a part. The legislative activity in India after independence has been directed, by and large, towards the creation of a new social order. The gap between pressure of changed patterns and the slowly evolving new norms of social life was sought to be plugged by many important laws. To make social engineering through the use of law, the importance of other factors like economic development needs to be realised.Law cannot, by itself play a vital role unless it is accompanied with economic development. Public opinion also plays an important role. There should be awareness amongst the various sections of the society before legislation is enacted for its successful enforcement. The purpose of social legislation like ot her types of legislations is not fulfilled if its enforcement is lax. If laws are evaded by people, this undermines the purpose of legislation, breeds corruption and puts the administrative machinery under heavy strain. This may ultimately lead to disintegration of the society.Hence, rather than passing a number of legislations in this area without making adequate provisions for their enforcement, it is better to have fewer social laws containing clear-cut provisions for effective enforcement. The conflicts in modern Indian society are largely due to the fact that social life has not been properly adjusted to the forces of present age. In order to harmonize our relations in the society, it is absolutely essential that changes in law should be preconditioned by the existing public opinion in the society.In other words, the changes in 14 AIR 1964 SC 572 law should be only in those directions and to that extent which the people in general aspire in the society. Mere super-imposition an d direct adoption of foreign models in their entirely original form can create disruption and disorder in the society. We should retain our own social values and include foreign ideals in such a manner that the latter are fully assimilated and become a part of our social system.
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