Native American Literature :: Native American Literature

Native American Literature Spending this semester reading Native American Literature, really brought me to make comparisons to my past experience. I think in each story, there was always something significant that seemed similar to my life. There were stories that had similar connections, and as I read them, I put my mind to connect what the author was saying and to what I remember from my life and make a connection. Actually, I thought every story was good and well to understand. For the most part, the story that really brought my attention and that made a connected to my life was reading Indian Education by Sherman Alexie. Somehow as I read this story, I understood what the author was saying. The story Indian Education is a story about the author explaining his childhood in school from grade to grade until he graduated. It explains in detail from his first grade till his twelfth grade. It shows how his personality changes as he grows and how things differ in perspective. It's like what we went through in our childhood. From remembering that bully in first grade till having your first date in eight grade. I really thought of my experience and made a few comparisons. I believe I went through the same things the author did. For instance, in his first grade the author writes how he used to get picked by the other Indian kids, and how they used to take his glasses and tossed them around. I remember once two of my ex friends chasing me and taking my glasses and ended up damaging them. I remember hating my second grade teacher because she would always punish me for talking back to her. She had this ugly face, and i hardly looked at her when she talked to me and that made her mad. As you can realize, being a child, it's just fights and games. Not caring about anything, until the consequences come. Sherman Alexie does a good job how his life changed from his childhood, and maturing in his years to come. For example, in his ninth grade, he tells how after a basketball game, he passed out after several drinks in a dance. His friends carried him to the hospital and saved him. I remember getting drunk, in which I wasn't suppose to, but those hard shots of liquor and beer, made me fall to the ground a couple of times.

Public Administration Essay

I. Understanding Public Administration Meaning of Public Administration From a very broad perspective, public administration may be viewed to refer not only to those activities involved in carrying out or in implementing the policies and programs of the government but also the processes and contents of these policies and programs. Meaning of Public Administration From a broader perspective, public administration may refer to cooperative human action whether within the public bureaucracy, the private sector, or in nongovernmental organizations aimed at delivering services to the people. Meaning of Public Administration Public administration is also a distinct field of study; it is considered both a professional and scholarly discipline. As such, it is concerned with the public policies and programs, their formulation and implementation, and the socio-cultural, economic and political factors bearing on them. It deals with the systematic study of institutions and processes and the interplay of factors involved in authoritative decision-making on goals, in implementing, and in achieving desired results. Source: Raul P. De Guzman (2003). â€Å"Is there a Philippine Public Administration? In V. Bautista el al. (eds) Introduction to PA in the Philippines: A Reader Meaning of Public Administration â€Å"Public Administration is the organization and management of men and materials to achieve the purposes of government. â€Å" â€Å"Public Administration is the art and science of management as applied to affairs of the state.† (Waldo, 1955) Source: Cabo, Wilhelimina L. (1997) PM 201 Theory and Practice of Public Administration. University of the Philippines Open University. Meaning of Public Administration From a broader perspective, public administration may refer to cooperative human action whether within the public bureaucracy, the private sector, or in nongovernmental organizations aimed at delivering services to the people. Meaning of Public Administration Public Administration†¦is the action part of the government, the means by which the purposes and goals of government are realized. Public Administration as a field of study is mainly concerned with the means to implement political values. Public Administration can best be identified with the executive branch of government. Public Administration differs from political science in its emphasis on the bureaucratic structure and behavior and its methodologies. Meaning of Public Administration Public Administration differs from administrative science in the evaluative techniques used by nonprofit organizations, and because profit-seeking organizations are considerably less constrained in considering public interest in their decision-making structures and the behavior of their administrators. Cited in Rossenbloom, 1989 Source: Cabo, Wilhelimina L. (1997) PM 201 Theory and Practice of Public Administration. University of the Philippines Open University Nature of Public Administration By the nature of its functions, the government should be responsive to the needs of both the nation as a whole and the people as individuals. It should take, if necessary, a gradual and pragmatic manner of action in responding to such needs. Nature of Public Administration Public administration in carrying out public policies brings the different administrative structures of government into a single organ of administration. In doing so it means its adherence to such public policies and accepted management principles and practices prevailing at that time. Considering the functions of government and the administrative organizations formed to attain them, the task of public administration is a very complicated one as compared to that of business administration. Public administration requires a lot of coordination, problem solving and decision making activity. Nature of Public Administration Public administration calls for not only the active participation of the politicians but also of all sectors of society if it is to succeed in overcoming the many administrative and socio-economic problems of the nation. The total involvement of all sectors of society in the life of the nation is an imperative requirement for national survival, as well as for the attainment of national greatness. Scope of Public Administration Public administration calls for action, and as defined by Leonard D. White, â€Å"it is concerned with action in particular concrete situations, but in accordance with long-range objectives.† In effect he clarifies the concept of â€Å"government in action.† What should be the scope of public administration? Should it be principally limited to the administration of  the government’s bureaucracy? Should its objectives be the total administration of the administrative machinery of government? Nature of Public Administration For Robert Presthus: â€Å"Public administration is concerned with the institutional framework of government, its socio-economic and political milieu, and the behavior of the individuals who man the bureaucratic machine.† Public administration should also be concerned with the formulation of public policies and the implementation of government programs. Nature of Public Administration â€Å"Public administration is that aspect of administration occurring under the formal aegis of government at every level.† (Robert Presthus) If it is only an aspect of administration, then what is administration? Nature of Public Administration According to Barry M. Richman and Melvyn Copen define administration as follows: â€Å"Administration is basically an organizational process concerned with the implementation of objectives and plans and internal operating efficiency. It often connotes bureaucratic structure and behavior, relatively routine decision making and maintenance of the internal status quo.† Administration is not limited to large organizations; White considers it as applicable to all kinds of group effort. Nature of Public Administration â€Å"Administration is a process common to all effort, public or private, civil  or military, large scale or small scale. It is a process at work in a department store, a bank, a university or high school, a railroad, a hotel, or a city government.† According to Brooks Adams: â€Å"Administration is the capacity of coordinating many and often conflicting, social energies in a single organism, so adroitly that they shall operate as a unity.† Nature of Public Administration The capacity of government to perform its function s, however, rests with its public administration being attuned to the realities of the times. Peculiarities of Public Administration Is Public Administration an Art or a Science? Peculiarities of Public Administration According to White: â€Å"The art of administration is the direction, coordination, and control of many persons to achieve some purpose or objective. It is a dynamic art, taking the human and physical resources available in a system of administration and bending them to the achievement of some required goal. It is the central, over-all disposition of forces, bringing into focus and consistency of action elements often widely dispersed. It is an art that pervades all levels of organization, binding together the many professions, crafts, and specialists whose contributions although equally necessary are not those of management.† Peculiarities of Public Administration According to Avery Leiserson and Fritz Morstein Marx: â€Å"A science of administration would be a body of formal statements describing invariant relationships between measurable objects, units, or elements. Unquestionably, administrative research has produced definite precepts and hypothesis that are applicable to concrete situations. But what administrators visualize as particularly valuable goes beyond that. They are interested in the techniques of systematizing the process of securing and sifting relevant information so that the factors involved in arriving at a policy decision can be stated and the consequences of alternatives can be analyzed and balanced.† Peculiarities of Public Administration According to Arsenio P. Talingdan: â€Å"The question as to whether public administration is a science or not is as open when it was first raised. However, it may, in the future become more and more scientific. One might even say that further scientific truths on human behavior and interaction will be established. In many other fields, scientists will provide facts for the public administrator’s use. But the public administrator will always be an artisan, making value judgments on the basis of these scientific truths, even though he may also be required to be a scientist.† Public Administration vs. Public Administration Public administration is a broad field of administration while Private administration is a limited one. According to Nigro and Nigro, â€Å"Government is different also in that no private company can equal it in size and diversity of activities.† â€Å"Even more important is the great scope of government activities, affecting the entire economic and social structure of the country.† PUBLIC ADMINISTRATIONPRIVATE ADMINISTRATION Broad field of administration; Limited field of administration; Official actions are based on public trust carrying legal accountability; Not necessarily based on public  trust; limited legal accountability; Relatively routine decision-making  procedure; Unlimited in decision-making procedure; Maintenance of internal status quo; Dynamic entrepreneurship; Actuations subject to public  criticism; Nor normally subjected to public  criticism; Government corporations restricted  by requirements of fiscal  accountability foreign to corporate  device. No such restrictions. Public Administration vs. Public Administration The official actions of public administrators are based on public trust carrying legal accountability. Sec. 1 of Article XI of the 1987 Constitution of the Republic of the Philippines provides that: â€Å"Public office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency; act with patriotism and justice, and lead modest lives.† Public Administration vs. Public Administration According to Former Senate President Gil J. Puyat wrote on August 30, 1979 the following message in his notes: â€Å"To be given the opportunity to serve the people is indeed a priceless gift that a country can give a citizen. For a citizen who is given this opportunity and who would serve less than his very best in dedication and performance, indeed has committed or is committing an act of apostasy.†

Minoan Civilization Overview

The island of Crete, which lies in the middle of the Mediterranean Sea, has been heavily contested by differing civilizations over the past three-thousand years. But before first conquests for the island began, a civilization developed on the island to such an advanced degree that it would become Greek legend. These first civilized inhabitants of Crete have become known as the Minoans, named after King Minis. In the two-thousand years of the Minoan people, they rose from simple farmers to a great civilization that came to a tragic end. The island of Crete provides a unique environment that is well suited for unman civilization.Its location in the Mediterranean provides its inhabitants with a central location for trade and military operations between Greece, tally, Egypt, and the Middle East. The sea itself is rich in resources, the lands of the Cretan plains are fertile, and the southern coastal areas, with their massive cliffs, provided a natural barrier against invasion. The island 's climate is very mild, much like the coastal areas that surround the Mediterranean. Although the island has no major rivers and experiences long periods of dry weather, springs are overly abundant.These springs, which have decreased in umber, were a reliable source of fresh water for inhabitants of Crete. Another major advantage of living on the island was the large forests that used to cover the landscape. The first people of Crete came to the island during Neolithic times. These settlers may have brought crops and domesticated animals with them to Crete. It is unknown where these settlers originated from but archeological evidence suggests areas near Turkey or Syria. The first inhabitants spread quickly across the island, living in natural caves carved from the limestone rock that made up the island or in villages atop small hills.These Neolithic inhabitants developed many of the tools that other people living near the Mediterranean used, such as stone axes, obsidian and cheer b lades, sickles, bows and arrows, and stone maces. They also developed techniques for weaving wool into cloth using looms. As the Neolithic people of Crete began to move into villages on the plains and coastal areas by the middle Neolithic era, caves took on the role of burial sites for everyone from village leaders, to children, to the common resident.As the Neolithic age came to a close and the Bronze Age began, Crete experienced a period of turmoil that seems to indicate an invasion that triggered technological and cultural developments, such as bronze working, advancements in pottery and tombs. Evidence from Greek myths suggests that these invaders were refugees from lands in the north of the rising Egyptian Empire. It is possible that King Manner, the man who united Egypt, is the reason these people fled north into the sea. The period following invasion is thought of as the beginning of the Minoan Age, around BBC.During this period, the Minoan people began to form large cities w hich typically acted as independent city-states. Competition and inflict between these cities is not heavily evidenced, but it is known that during this Early Minoan age many immigrants from the mainland areas surrounding the Mediterranean came to Crete to seek refuge, much like the original invaders. This period lasted until approximately 2200 BC, after which the culture of the people of Crete shifted away from the independent nature of the city states to a more centralized society with power collecting in a few major cities that were spread across the island.During the Middle Minoan Age, kingdoms began to develop and the first Minoan palaces were constructed in cities such as Knossos and Patios. Minoans began to develop colonies on nearby islands, some of which are well recorded in Greek legends. These colonies may be a sign of over-population on the island of Crete, which was a consequence of the Minoan civilization's rapid decent down the slippery slope of farming.It is through these colonies that the Minoan culture would begin to show signs of influence as far away as mainland Greece and possibly Egypt In the later portions of the Middle Minoan Age, the Minoan civilization began to reach its peak. It is also at this point in time that seismic activity on and near Crete begins to show its tangentially dangerous nature to the Minoans. Several times during the Middle Minoan Age, palaces Were destroyed by the earthquakes or fire that may have been caused by earthquakes. It was around this period of destruction in BBC that the Greek's began to settle on Crete, but their presence was minimal at best.The Minoans would recover from these natural disasters and the civilization would continue to flourish until the Late Minoan Age, which began around 1550 BC. Around BBC, the volcanic island of There, only seventy miles north of Crete, exploded immediately following a series of earthquakes. The Minoan colonies on the island were buried under thick layers of volcanic rock and tsunamis caused major damage to coastal areas on the north of Crete and caused extensive crop damage on the eastern portion of the island due to ash. The inhabitants of Crete recovered, but the kingdoms were left in a weakened state.More earthquakes would strike the island potentially changing the landscape of the coastal areas. Some Minoan coastal cities on the eastern and northern parts of Crete lie below several feet of water, and in the Western parts of the island the coastal landscape actually appears to be much higher than it was in early Minoan times. The earthquakes may have also disrupted the supply of fresh water to Minoan cities. Wells, springs, and underground clay pipes all suffered damage due to the severe seismic activity. Knossos would grow to become the only major power on the island while other cities fell into decline.By BBC, the great city of Knossos, the last Minoan seat of power, was ravaged by war and conquered by the Greeks, ending the Minoan civiliz ation. During the nearly 2000 years of the Minoan civilization, their culture grew to influence other people in Greece, Egypt, and the Near East. There are several aspects of this culture and the most influential and historically important Of these are Minoan religion, architecture, gender's role in society, and crafts. The Minoan government was theocratic, with both the king and queen having prominent parts in religious and political affairs.The gods of the Minoan people, the most important of which were solar gods, would only communicate their will through the royal couple, who acted as the high priests and carried out religious ceremonies and political events. The kings and queens were also rated as divine beings following their deaths since they were considered to be the adopted children of the gods. It was also common for commoner and lower priests to experience a euphoric event by coming into contact with a sacred object such as a tree or a rock.Through these euphoric experien ces, they would simply see the face of their gods or see messages that were delivered in natural form by animals or plants. The architecture of early Minoan cities consisted of simple earth, mud bricks, stone, clay, and wooden buildings, with religious, political, or elite building being of generally higher laity. The home of a commoner was usually a small, rectangular room with a fire-pit in the center and a raised stone platform for sleeping in a corner. As time passed, these homes became larger and some had multiple rooms that could have acted as storage or private quarters.As for royal palaces, they Were typically constructed from stone and wood with the quality of workmanship varying from site to site. Whenever a palace was destroyed (typically by natural disaster) the new palace would be built directly atop the ruins of the destroyed structure. Dcord inside these complexes included culture of religious icons, murals, frescoes, and furniture that was designed to show the divine nature of royalty. These palaces also served as temples for the gods, which is evidenced by the close association between the king and queen and their patron gods.Almost all building would be covered in a limestone-based plaster and some would then be painted with a red compound. An aspect of Minoan culture that breaks the norm for other civilizations at the time is the importance of women in society. In almost all of the Minoan art work recovered from the ruins, women are shown in important political and religious roles. Many other cultures from this time period simply depict women as being responsible for raising children. This difference in views can probably be attributed to the significance of the female solar gods in Minoan society.It is also thought that the common Minoan woman shared equal social status as her male counterparts, which was quite different from other Mediterranean cultures, who placed most social importance on the men. When the Greeks wrote of the ancient civ ilization of Atlantis falling below the sea after a devastating earthquake, it is entirely possible that they were actually talking about the Minoans. The genealogy, complex social structure, and wondrous cities that the Minoans developed could easily be the source of inspiration for the tale of Atlantis, which was written 600 years after the collapse of the Minoan civilization on Crete.

A critical study on the contributions of sir henry maine

Whereas Savings and his followers invoke history in the name of tradition, custom and nation against the belief n conscious and rational law making, the second movement, which one might call philosophical histories, develops a definite legal philosophy from the evolution of history. L The exponents of the historical school of Jurisprudence take social institution in their sequence with primacy to primitive legal institutions of society. Thus the school does not attach importance to relation of law to the state but gives primacy to the social institutions in which the law develops itself.While the analytical school pre-supposes the existence of a well developed legal system, the historical school concentrates on the evolution of law from the primitive legal institutions of the ancient communities. The task of Historical school is to deal with the general principles governing the origin and development of law and with the influences that affect the law. The 19th century analytical posi tivism pioneered by Austin, Hart and Keelson in England described law as a coercive command issued by the sovereign devoid of moral or cultural values.They regards law as a creation of arbitrary creation whose sanctions are not embedded in its historical past but emanate from the state authority. It treats law as a command of the state which the subjects are bound to obey, the disobedience of which would lead to penal consequences. The revolutionary ideas generated by positivistic legal thinking had a 1 Legal theory by W. Friedman, fifth edition, page no. 209, universal law publishing Co. Ltd. , New Delhi devastating effect as they failed to meet the needs of the people.Consequently, it led to the emergence of new approach to the study of Jurisprudence based on history and historic conception of law. Historical Jurists banished ethical considerations from resurgence and rejected all creative participation of Judge and Jurist or law-giver in the making of law. They propounded the vie w that all universal ideal principles of by historical study. Frederick Pollock, one of the ardent supporters of historical school firmly believed that morals, as such were out of the domain of Judge or Jurist. It is, however, a different matter that even customs immemorial should not be opposed to morality.Vic in ItalyÃ'› Nonentities in France, Burke in England and Hugo and Herder in Germany heralded a new era in the development of legal theory and viewed law as legacy of the past and product of customs, traditions and beliefs prevalent in different communities. The historical Jurists believe that law has biological growth and it has not evolved in an arbitrary and erratic manner. According to Sir Henry Maine, Nonentities (1689-1755) was the first Jurist who adopted historical method of pursuing the study of legal institutions and came to the conclusion that â€Å"laws are the creation of climate and local situations†.He did not probe further into the relationship between law and society but pointed out that law must keep pace with the changing needs of the society. Four Stages of Development of Law The supporters of historical school of Jurisprudence have traced the evolution and development of law through four major stages. They are as follows:l . Divine Law- In the beginning law originated from Themes, which meant the Goddess of Justice. It was generally believed that while pronouncing the Judgments the King was acting under the divine inspiration of goddess of Justice.Themes were the awards pronounced by the Goddess of Justice (Themes) to be executed by the King as a custodian of Justice under the divine inspiration. Thus the King was merely the executor of Judgment of God. The dooms of Anglo-Saxons pertain to this category of segments or commands. 2. Customary Law- Next, the recurring application of Judgments led to uniform, practice which crystallized into customary law to be followed in the primitive societies. The importance of customs as a s ource of law has been underlined by Sir Henry Maine when he observed that ‘custom is to society what law is to state'. . Priestly class as a sole representative of customary law In the next stage of development of law, the authority of the King to enforce and execute law was usurped by the priestly class who claimed themselves to be learned in law as well as religion. The priestly class memorized the rule of customary law cause the art of writing had not developed till then. They applied and enforced the customary law. 4. Codification – The era of codification marks the fourth and perhaps the last stage of development of law.With the discovery of the art of writing, a class of learned men and Jurists came forward to denounce the authority of priests as law- givers. They advocated codification of law to make it accessible and easily knowable. This broke the monopoly of priestly class in matters of administration of law. The ancient Hindu code of Mann, Hebrew Code, Solon' s Attic Code, Twelve Tables in Rome, the codes of Hamburg etc. Re some of the examples of such law codes. Anthropological investigations into the nature of primitive and undeveloped systems of law are of modern origin and might be regarded as a product of the Historical school.Pride of place will here be accorded to Sir Henry Maine (1822-1888), who was the first and still remains the greatest representative of the Historical movement in England. It is not easy to place Amine's contributions to the theory of law. He began his work with mass of material already published on the history and development of Roman law by the German historical school, and he was able to build upon that and also to bring to bear a more balanced view of history than is found in Savings. Maine however went further. He was learned in English, Roman, and Hindu laws and also had the knowledge of Celtic systems.In this respect he parts company with the German historians. Instead of stressing the uniqueness of nat ional institutions, he brought to bear a scientific urge to unify, classify and generalize the evolution of different legal orders. 2 Comparative method of study for the purpose of a project on law was found useful by the scholars of Historical school. The scope for comparative approach to study of law as immensely widened with the advances in legal literacy and exchange of legal knowledge between various countries.To quote an illustration, the 42nd report (1971) of the Law Commission of India on the reforms in the Indian Penal Code drew heavily on the comparative material from several continental countries such as US criminal law and other sources. The material available for comparative study of law may vary in form and include Code, law books, reports of law reform agencies and so son. The jurists made a comparative study of legal institutions of various communities to trace the evolution and development of law. They applied comparative method in the study of law with the object o f enabling the legal philosophers to construct 2 Jurisprudence by R.W. S. Aids, fourth edition, page no. 532,533;Buttonholer & Co. , publishers Ltd. 1976 abstract theories of law or to assist the historian in tracing the origins and developments of legal concepts and institutions. The distinguishing feature of this comparison was that it did not consist of mere description of differences which existed between the concepts, rules, or institutions of the law under examination, but also probed more deeply into the matter with a definite purpose in view. This helped considerably in unification of divergent laws.Thus the supporters of comparative method of law did not believe in mere compilation of information about concepts, rules, etc. But they also tried to analyses the variations in the existing laws within and outside the country in order to reform their legal system. Sir Henry Maine is considered to be the fore-runner of this approach of law. 3 It is Sir Henry Amine's work which st ands out as the most important and fruitful application of comparative legal research to a legal theory inspired by the principles of historical evolution. Approaches to the study of law, and history in particular, which was destined to bear abundant fruit in the years to come. 5 Studies on Jurisprudence and legal theory, by Dry. N. V. Appearance; page no. 39, fifth edition, central law agency publication Legal theory by W. Friedman, fifth edition, page no. 214, Universal law publishing Co. , Ltd. New Delhi 5 Jurisprudence by R. W. S. Aids, fourth edition, page no. 533 SIR HENRY MAINE (1822-1888) Sir Henry James Sumner Maine born on August 15, 1822 at Roxbury in Scotland, took his education in the University of Cambridge and Joined as professor of Civil Law in that University in 1847.While professor of law at the University of Cambridge (1847-1854), Maine also began lecturing on Roman law at the Inns of Court, London. These lectures became the basis of his â€Å"Ancient law: It's c onnection with the Early History of Society, and it's relation to Modern Ideas (1861)†, which influenced both political theory and Anthropology, the latter primarily because of Amine's controversial views on Primitive law. To trace and define his concepts, he drew on Roman law, Western and Eastern European legal systems, Indian law, and Primitive law.Although some of his statements were modified for invalidated later research- Ancient law is noted for its general lack of reference to authorities and its failure to cite supporting evidence for its conclusions- his study helped to place comparative jurisprudence on a sound historical footing. A member of the Council of the Governor General of India (1863-1869), as a successor of Lord Macaulay, Maine was largely responsible for the codification of Indian law. He studied ancient law of India and drew a comparison between the Indian law and the laws of western societies.In 1869 he became the first professor of Comparative Jurisprud ence in the University of Oxford and he occupied the chair till 1877. Thereafter, he held the distinguished post of the Master of Trinity Hall, Cambridge until shortly before his death in 1888. Among other works of Maine, his books entitled Village Communities', lectures on the ‘Early history of Institutions' (1875), a sequel to his ancient Law, ‘Dissertation on Early Law and Custom' deserve special mention. Maine was the recipient of remarkable number of honors, medals and distinction. His contributions to historical jurisprudence are so great that he is labeled as ‘Social Darwinist' for he envisaged a social order wherein the individual is finally liberated from the feudalistic primitive Onondaga. Amine's Views on Development of Law One peculiar feature of historical method in the context of study of law is that it is not confined to pure law. Even though the material directly under study may be legal, the factual material that comes to light may transcend the ex clusive legal field. It is so, because social and legal factors cannot always be reduced to water tight compartments.Any appraisal of the precise reason for a particular law necessitates special attention to the effect of relevant social, physical, demographic and ideological variables. This view finds supports in the writings of Sir Henry Maine who lived that historical research served as a useful tool to make the present more understandable. Sir Henry Maine, through his comparative researches came to a conclusion that the development of law and other social institutions has been more or less an identical pattern in almost all the ancient societies belonging to Hindu, Roman, Anglo-Saxon, Hebrew and Germanic communities.Most of these communities are founded on patriarchal pattern wherein the eldest male parent called Pater familial dominated the entire family including all its male and female members, children and slaves as also the property. The word of the Pater familial was law t o them, which they were supposed to follow. There were, however, some communities which followed matriarchal pattern in which the eldest female of the family was the central authority to manage all the affairs of the family.It is because of his kinship, namely bold relationship with the family that a person acquired status. Thus the law of person was to be determined on the basis of his status. In ancient societies, the slave, servant, ward, wife, citizen etc. All symbolized statuses which the law recognized in the interest of the community. According to Maine, Pater-familiar constituted the lowest unit of primitive communities. A few families taken together formed the Family-Group which consisted of union of families.An aggregation of families constituted Gene which in turn led to the formation of tribes. A collection of tribes formed the community which Maine termed as commonwealth. It was in this manner that the early primitive societies evolved, their relation being regulated by the law of status which was also called as law of persons. Obviously, the individual member of the family had no individual existence than his status as a son, wife, servant etc. s the case may be. Similarly, servants and slaves had no rights in the early law.LaWs Development through Legal Equity and According to Henry Maine, when a primitive law is embodied in a Code, there is an end o its spontaneous development and such communities are static societies. Therefore, if certain changes are desired in the law, they have to be effected deliberately with the conscious desire of development. The societies which continue development of law in this manner are called progressive societies by Maine. There are three methods by which the progressive societies develop their laws. They are (1) Legal Fictions, (2) equity, and (3) Legislation. 1 .Legal Fictions – Legal Fictions change the law according to the changing needs of the society without, however, making change in the letter of l aw, Maine defines ‘legal fiction' as â€Å"any assumption conceals or effects to conceal the fact that a rule of law has undergone alteration, its letter remaining unchanged, its operation being modified†. According to Sir Henry Maine, fiction is a device to extend new rules to old situations, to new circumstances with a minimum of intellectual effect. In his opinion, a legal fiction is a very useful agency of development of law to suit intricate and nutty situations.A legal fiction pre-supposes certain assumptions made on the basis of which the law assumes certain things to exist which do not exist in reality and thus adopts itself to new circumstances. 2. Equity – Equity consists of those principles which appeal to the conscience of human being. These principles were invoked to remove the defects existing in the common law in England. The rigidity of common laws Judges forced people to approach the King for Justice. The King entrusted the task of administration of Justice to the Chancellor who was also the head of the Exchequer.Though not learned in law, the Chancellor helped in the administration of civil Justice through principles of justice, equity and good conscience. In Rome, similar functions were performed by Praetor who tried to remedy the deficiencies in the existing civil law. Thus Henry Maine defines Equity as, â€Å"a body of rules existing side by side of the original common law, founded on distinct principles and claiming incidentally to supersede the common law by virtue of a superior sanctity inherent in those principles†.In course of time, equity became a system of law which reached maturity and impoliteness and finally the Judicature Act, 1873 amalgamated the common law courts and the chancery courts (I. E. Equity courts) in the High Court of Justice and it was provided that in case of conflict or variance between the law of equity and the common law, the rules of equity were to prevail. The property legislation o f 1925 in England cause Equity to go a second transformation as it brought about a complete fusion of the systems of common law and equity into one integrated system of law.The origin of Equity law can be traced back to the 13th century when traditional hat time suffered from three main defects, namely, (1) absence of remedy in certain cases; (2) inadequacy of remedy; and (3) excessive formalism. These defects were sought to be removed by three Jurisdiction by equity law namely, (1) Exclusive Jurisdiction, (2) Concurrent Jurisdiction, and (3) Auxiliary Jurisdiction of equity. The origin of the concept of trust, appointment of receiver to administer property of the deceased etc. Ell under exclusive Jurisdiction which provided relief to divorced women and protected the rights of inheritance of the children of the deceased person for which there was no remedy available under the common law. The remedies of the specific performance of contract, injunction etc. Came under the concurrent Jurisdiction of equity law which provided relief in matters where, a relief though available under common law, was inadequate. The examination of witnesses on commission set off (I. E. Settling different claims of same parties to litigation in a single suit) etc. Re some of the instances of auxiliary jurisdiction of equity which sought to mitigate the rigors and rigidity of common law due to complexity of procedure. Thus it is evidently clear that equity came to supplement the common law and not to supersede it. 3. Legislation – Legislation is the most effective method of law-making. It is considered to be the most systematic and direct method of introducing reforms through new laws. The power of the legislature to make laws has been widely accepted by the courts and the people all over the world.Legislation is the most powerful instrument of legal reform, and so great is its superiority over other methods of evolution of law that the tendency of 1 1 advancing civilization is to acknowledge its exclusive claim, and to discard the other sources as relics of infancy of law. 7 Movement of Progressive Societies from Status to Contract With the march of time the institution of Pater-families withered away and now rights and obligations were dependent on individual contracts and free negotiations between persons.This led to disintegration of the family system and emergence of contractual relation between individuals. In other words, now the individual could take final decisions himself without depending on the head man of the family. The Banishment doctrine of Individual freedom freed slaves from the bondage of their master and now they could have rights and obligations like any other person. Thus emerged a free society with freedom of individual in various spheres of life.The freedom of individual in economic field has been called as doctrine of laissez fairer which struck a blow to the notion of status as the basis of law. These changes in the pattern of so cieties led Sir Henry Maine to conclude that ‘movement of progressive societies has hitherto been from status to contract'. In India also emancipation of women from the domination f males, freedom available to individuals in social, economic, and political spheres of life, improvement on the condition of labor and workers etc. Evinces that there has been a shift of emphasis from status to contract in modern times.The transformation of English as well as Indian society from feudalistic pattern of individualistic set up, has brought in its wake a radical change in the status of servants, agricultural workers etc. The incapacitates of Hindus in codification of Hindu personal laws in 1955-56. 8 Reversal of Trend from contract to status It must, however, be stated that with the advance of time and due the impact of industrialization, arbitration and modernization, new problems of poverty, unemployment, hunger, ignorance, disease etc. , have cropped 7 Studies in Jurisprudence and le gal theory by Dry. N. V. Appearance, page no. 0 to 44, fifth edition, central law agency publication In modified Hindu law Kart of the family who was the eldest male member of the family, dominated his authority but the codification of Hindu law has done away with the discrimination, inequality and subjugation of women liberating them from the domination of men. The new concepts of liberty, equality, freedom and individualism symbolize movement of progressive Indian society from status to contact. Up giving rise to inequality between individuals and group within society. Consequently, there came a counter current of reversal from contract to status in the life time of Maine himself.It was realized that the idea of freedom of contract between powerful capitalist and starving labor class led to catastrophic consequences resulting in exploitation of workers. This led to the emergence of Trade Unionism. The workers now formed their associations and instead of individual freedom of barga ining their wages and facilities, their Trade Unions had the power of group bargaining. That apart, several labor welfare legislation such as the Minimum Wages Act, Factories Act, Trade Unions Act, Workmen's Compensation Act, Employees Liability Act, Industrial Disputes Act, Payment of Bonus Act, Bonded Labor (abolition)Act, Contract Labor (Regulation) Act, etc. Have been enacted to improve the service conditions and bargaining capacity of workers in order to free them from the unscrupulous industrialists and capitalists. With the increasing role of the state in a welfare state, it has assumed the functions of a regulator to secure a social order based on Justice, equality, liberty and fraternity. These progressive welfare measures have forced upon the individual worker a new kind of status where he does not bargain individually but does so collectively through associations or unions.Commenting on this reversal from interact to status, the Chief Justice of the Bombay High Court in P arka's cotton mill Ltd. V. State of Bombay, interracial remarked: â€Å"We must not forget that we are no longer living in the age of laissez fairer and the relation between employer and employees are no longer solely governed by the principles of contract. Contractual rights and liabilities are now subject to the principles of industrial law and also principles of social Justice. † With the changing role of the states, its functions have also radically changed. Now there is greater interference of the state in the individual's activities. Even the

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Machiavelli's The Prince Essay Example | Topics and Well Written Essays - 1250 words

Machiavelli's The Prince - Essay Example 7, 2006) These principles have become insightful and meaningful political policies in the 16th century onwards in the European society. (http://www.123helpme.com/view.aspid=23518, Nov. 7, 2006) Although Machiavelli did not state directly how some European societies had failed in ruling them, he had specifically implied the thought through several examples that were presented in the book. But, The Prince did not, nevertheless, forget to point out those rulers who were worthy of praise in delivering the best principalities to its people. As each ruler change, the challenges that he faces also changes. The more that the society looks forward to modernization, the more that the ruler meets a challenging and a more demanding society. Moreover, the challenges and his reactions to these challenges at the same time depend upon how he acquired the principality. Therefore, the newer the ruler becomes, the more difficult are the problems that he faces. "I say, then, that in hereditary states accustomed to the rule of their prince's family there are far fewer difficulties in maintaining them than in new states; for it suffices simply not to break ancient customs, and then to suit one's actions to unexpected events; in this manner, if such a prince is of ordinary ability, he will always maintain his state, unless some extraordinary and inordinate force deprive him of it; and although it may be taken away from him, he will regain it with the slightest mistake of the usurper."(Machiavelli, p. 8) Machiavelli's conclusions were based from his experiences and observations from the previous rulers that he had encountered. Furthermore, in order for the ruler to convene the challenges of the modern society such that of the European society, a set of values is needed to be put into practice. But coping up with these problems, or rather overcoming them still depends upon how they had acquired the principality. One of the most significant points Machiavelli had stressed out were those of the different policies or strategies that a ruler may employ in developing a good society. The ruler's ability to exercise his power should be taken into account, as well as his ability to implement rules in the community. This may even encourage him to adopt new strategies in exercising his power up to an extent where he will be able to keep a hold on to the society he rules. There are however, traditional values that are found to be appropriate if applied in the modern society. Every principality should be governed differently such that every ruler faces his own difficulty in ruling the state. Still, depending on the ways in which the ruler had acquired the principality, there is a need for him to examine the situations and the values that he should practice in order to appropriately direct the society, and at the same time save it from his enemies. "As I have said, when those states that are acquired are used to living by their own laws and in freedom, there are three methods of holding on to them: the first is to destroy them; the second is to go there in person to live; the third is to allow them to live with their own laws, forcing them to pay a tribute and creating therein a government made up of a few people who will keep