.
Monday, January 27, 2020
Link between Transition and Vulnerable Groups in Albania
Link between Transition and Vulnerable Groups in Albania â€Å"The link between transition and vulnerable groups in Albania†Viola Sadushaj Supervisor: Edith FAVOREU Research topic: â€Å"The link between transition and vulnerable groups in Albania†Problem statement: ‘Vulnerable groups’ Albania shares with the rest of Europe a cultural and historical heritage with roots in the Greek, Roman, and Ottoman civilizations and the Greek Orthodox, Roman Catholic, and Muslim religions. The country’s level of economic development and its physical and social infrastructure are like those of the poorest and least-developed areas in Africa and Latin America. The Albanian population has always been vulnerable to the problems of poverty and isolation from the outside world [1]. Neither the Government nor the kinship networks have had the capacity to compensate for the social upheavals brought about by the fall of Communism. Since that time, new vulnerable groups have arisen as a direct result of the fragmentation of the social structure. The transition in Albania is characterized by volatile and dramatic disruptions. The country is searching for a way out of its economic and social difficulties without a clear sense of direction, and with little social cohesion to sustain whatever policy the Government may choose. Transition is characterized by disorienting, chaotic events, a loss of traditional social norms and organizational arrangements, a lack of credibility on the part of new political leadership, and the appearance of intermediate institutions operating as enclaves and detached from the dynamics in the society. The events of 1991, threw the country into a state of chaos that has been unpredictable in terms of both duration and outcome, making it very difficult to achieve social progress in a cost-effective, equitable, and compassionate way [2]. Albania is experiencing the emergence of social needs that cannot be addressed simply in terms of poverty reduction. Poverty reduction strategies generally assume that when an economy begins to improve within a scenario of greater political stability and foreign investment, many of the poor and unemployed will be mainstreamed into productive occupations [3]. The transition in Albania has identified two main conditions of vulnerability (a) social exclusion, which marginalizes people via the mechanism of rejection from mainstream society, and (b) gender abuse, which marginalizes women via the threat or use of violence. Such conditions have created at least seven highly vulnerable groups in Albania: Youth at risk of abandoning school: Dropping out of school exposes increasing numbers of youth to the risk of social exclusion, street begging in Italy and Greece, and, in the case of girls, gender abuse. It is also an important factor in the resurgence of illiteracy, lack of economic opportunity, and general cultural diminishment. Institutionalized and abandoned children: This group includes orphans, children abandoned by their families, and those with physical handicaps. Such children were strongly penalized under the Communist regime and their condition has not improved. Today their numbers are increasing and they are even more marginalized due to the disruptions and consequent breakdown of family relationships, which are their only guarantee of survival. Young men at risk of criminal behavior: Young men who have finished school are at risk of becoming socially excluded and eventually recruited by the criminal economy. The incidence of this phenomenon is correlated with the income level and employment opportunities in the various areas. Young men at risk of drug addiction: This group is recent origin, present mainly in Tirana and other urban centers, but also rapidly expanding in smaller cities. Albania is becoming one of the major drug crossroads in Europe, with cannabis widely cultivated in the south and heroin coming in from Turkey. Abandoned elderly: Traditional Albanian values require the family to care for the elderly. Nevertheless, massive migration and the breakdown of extended families is resulting in their neglect. Social institutions to care for the elderly are inadequate and unprepared to meet demands for assistance by the increasing numbers who do not have children or are not supported by children who have emigrated. Women at risk of gender abuse: The fall of Communist regime has worsened the condition of women. Young women are initiated into prostitution almost exclusively by close friends or boyfriends, many of them linked to organized crime. There is also a resurgence of the pre-Communist betrothal tradition; which exposes young women to the risk of violence both within and outside the family. As a result of this lack of security, parents are keeping girls out of school. The vulnerable groups have varying features depending on where they are located. All seven groups are found in large numbers in the cities and rural communities of the middle and coastal regions, where uncontrolled migration flows are accelerating the breakdown of the traditional family structure in the context in which no mechanism are in place to support the emergence of strong nuclear families. The lack of economic opportunities for men and women in these areas, combined with the surge of criminal organizations are illegal residences, are producing increasing numbers of abandoned elderly, women, and children and are putting an entire young generation at risk of drug use and criminal activities that victimize others. Problems caused by transition: Loss of state employment, Insecurity due to crime and gang activity, Family disaggregation. Priority needs of people: Improve employment opportunities, Credit for small business, Improve infrastructure: water supply, power, transportation lines, telephone and communication systems etc. Improve social services, Greater security, Education and health services, Reduce the corruption. In this phase of transition, Albania’s representative institutions are formally in place but operationally inadequate, while social intermediary organizations such as citizens associations are few and limited in scope. Large areas of the country, particularly in the north and east, are still organized according to extended family and clan relationships that control local administrations and have little interface with central government institutions. The emergence of the new vulnerable groups in society is at odds with the prevailing kinship ties, and their interests are scarcely represented in Albanias weak body politic. The countrys political institutions are further weakened by the continuing polarization between the Geghs (speakers of the northern dialect) and the Tosks (speakers of the southern dialect) in national politics and the central administration. In addition, the countrys labor unions, a driving force for social protection in Albania (as in all European countries), have collapsed as a result of closure of state industries, leaving industry and agriculture largely to microenterprises and family units. National cohesion also suffers from a fragmented press and the limited coverage of national issues. Religion does not have a significant official political impact in the country, although Moslem and Christian leaders express views on social issues such as abortion and education. As a result of all these factors, decisions relevant to large numbers of people are usually made through consultations and negotiations within informal networks. At the central level the institution that presently endeavors to address the needs of vulnerable groups is the Ministry of Labor, Social Affairs, and Women (MOLSAW). The Ministry operates through its Policy Department and two autonomous subdivisions: the National Employment Services (NES) and the General Administration of Social Services (GASS). Most of MOLSAWs budget comes from the Finance Ministry, although efforts are being made to attract foreign donors and to set up special funds supplied by external aid. MOLSAW is now practicality the only source of financing for social programs, although the law enables rural communes and urban municipalities to levy taxes. In 1996, the NE share of GDP decreased slightly from 1995, with an almost certain decrease in household allocations, and a negative but unquantifiable effect on particularly vulnerable household members. In 1996, households receiving cash benefits were estimated to be approximately 20 percent of all households 35 percent according to World Bank estimates. Large numbers of poor are not eligible for the NE program, including those who moved to urban areas after December 1995- an exclusionary measure designed to slow migration to urban areas. Moreover, many who are eligible cannot get benefits due to the lack of records. The Government provides limited social services through welfare institutions such as orphanages and homes for elderly, with very few social workers monitoring situations of poverty and social exclusion of individuals or groups. At present, there are only 22 Government welfare facilities in the entire country, operated by GASS and located in several communes. They include 5 residences for homeless and abandoned elderly, housing a total of 300 persons (30 applicants are on a waiting list and there are 7,500 pending request for admission); and 7 centers for the handicapped (1 each in Tirana, Berat, Korca, Lezha, and Durres, and 2 in Shkodra). Facilities and attendant services are grossly inadequate. The Government estimates that there are 27,000 handicapped individuals in the country, 6,000 of whom need specific, long-term treatment, which is unavailable. None of the 12 regional GASS offices has a physician on staff. The role of NGOs The traditional extended family and clan-based structure of Albania, together with the half century of Communism, have produced a society in which civic associations, including those active in the care of vulnerable groups and dedicated to social development, are still scarce [4]. Nevertheless, the number of indigenous NGOs has been increasing over the past years, and many foreign NGOs are also active. These organizations provide a range of social services but act quite independently from one another, and often with little interface with government. Legislation concerning NGOs has been under consideration for some time, including a bill that would license NGOs working with vulnerable groups, as well as establish a mechanism to transfer resources from MOSLAW to those NGOs. The system would presumably consist of a grant fund useable for NGO projects or NGO-run activities; the NGOs would be selected to run certain projects on the basis of tenders. MOSLAW would have the responsibility to inspect and monitor NGO activities funded through that mechanism. The Albanian NGO Forum, the main umbrella organization, includes more than 200 indigenous NGOs, of which roughly 90 appear to carry out some activity, while the others seem to exist in name only; the numbers are inexact due to the lack of registration standards. Most of the organizations are minuscule (one to three persons) and have little in the way of a track record or a well-defined mission. According to the Forum, no more than ten are able to carry out social service programs, and most of these are linked with foreign NGOs or NGO networks, or are supported by international organizations. There are no mass-based, grassroots NGOs. The Forum is oriented toward national development and civil progress issues. Of its 90 operative members, 18 are dedicated to womens issues, and 4 of these are said to be influential in promoting networking among women to place gender issues on the national agenda. Others are involved in providing microcredit and skills training, thereby acting as informa tion bridges to open up new economic and social perspective to their beneficiaries. Many of these are rural women, who are encouraged by such programs to start their own businesses. A number of international NGOs are also active in Albania, the largest network of which is run by the Catholic Church. This network consists of worship, education, health, and social service centers staffed by a total of about 100 religious and lay personnel. The activities are carried out mainly in Tirana and major centers in the traditionally Catholic northern regions. Several Islamic NGOs also run childcare, education, and health programs. Some lay NGOs are active in issues concerning women, children, and babies; and one, the Soros Foundation, is becoming involved in the Albanian Development Funds urban microcredit program. While the international NGOs are making valuable contributions to human welfare, however their presence in the country remains suboptimal, which prevents them from undertaking programs that could have a system-wide impact. Research Questions: Is the transition process inclusive or exclusive regarding vulnerable groups? Does the transition process contribute to specific changes for the vulnerable groups? What should do the state of Albania to address a better response to these vulnerable groups in this process of transition? Bibliography: Books: -Alexandra Barahona De Brito, Carmen Gonzalez Enriquez, Paloma Aguilar, â€Å"The Politics of Memory and Democratization: Transitional Justice in Democratizing Societies: Transitional Justice in Democratizing Societies†, OUP Oxford, 2001. -Attila Agh, â€Å"Emerging Democracies in East Central Europe and the Balkans†, Edward Elgar Publishing, Inc., 1998. -Clarissa De Waal, â€Å"Albania today: a portrait of post-communist turbulence†, I.B.Tauris, 2007. -Elez Biberaj, â€Å"Albania: a socialist moverick†, Westview Press, 1990. -Fatos Tarifa, â€Å"To Albania with love†, The Rowman Littlefield Publishing Group Incorporated, 2007. -Fatos Tarifa, Max Spoor, â€Å"The first decade and after: Albanian’s democratic transition and consolidation in the context of Southeast Europe†, CESTRAD, Institute of Social Studies, 2000. -Hans-Peter Jost, Christina Kleineidam, Fatos Lubonja, â€Å"Albania in transition 1991†, Benteli, 2011. -James Pettifer Miranda Vickers, â€Å"The Albanian Question, Reshaping the Balkans†, I.B.Tauris, 2007. -Krassimira Daskalova, Caroline Hornstein TomiĆ¡, Karl Kaser, Filip Radunovic, â€Å"Gendering Post-socialist Transition: Studies of Changing Gender Perspectives†, LIT Verlag Mà ¼nster, 2012. -Lavinia Stan, â€Å"Transitional Justice in Eastern Europe and Former Soviet Union : Reckoning with the communist past†, The Routledge, 2009. -Lavinia Stan, â€Å"Transitional Justice in Post-Communist, Romania, The Politics of Memory†, Cambridge University Press, 2012. -Matteo Fochessati, Rubens Shima, Sandra Solimano, â€Å"Arte in Albania prima e dopo il 1990 : cosi vicina, cosi lontana†, Silvana, 2009. -Misha Glenny, â€Å"The Balkans, Nationalism, War and the Great Powers, 1804-2011†, Penguin books, 2012. -Neil J.Kritz, â€Å"Transitional Justice: How emerging democracies reckon with Former Regimes†, US Institute of Peace Press, 1995. -Olivera Simic, Zala Volcic, â€Å"Transitional Justice and Civil Society in the Balkans†, Springer, 2012. -Owen Pearson, â€Å"Albania in the twentieth century: a history, volume III: Albania as dictatorship and democracy: From isolation to the Kosovo War†, The Center for Albanian Studies in association with I.B.Touris, 2006. -Peter Lucas, foreword by Fatos Tarifa, â€Å"The OSS in World War II Albania: Covert operations and Collaborations with Communist Partisans†, McFarland Company, Incorporated Publishers, 2007. [1] Clarissa De Waal, â€Å"Albania today: a portrait of post-communist turbulence†, I.B.Tauris, 2007, pg.5. [2] Clarissa De Waal, â€Å"Albania today: a portrait of post-communist turbulence†, I.B.Tauris, 2007, pg.6. [3] Clarissa De Waal, â€Å"Albania today: a portrait of post-communist turbulence†, I.B.Tauris, 2007, pg.8. [4] Albanian NGOs are most active in sectors such as health, education, culture, youth, women, and the environment.
Sunday, January 19, 2020
Crime Prevention Essay -- essays research papers
â€Å"Kids Being Charged with Felonies†     A felony is a crime in which the convicted may receive more than a year in prison for their actions. The paper that you are about to read is going to explore some of the issues about kids being charged with felonies. We will also examine some of the issues of how this is portrayed in our news media today. Furthermore, I will offer my opinion, on how kids being charged with felonies could be a positive step in the right direction.      It is real that in America today we have asked our kids to grow up at an alarming rate. There has been no other time in history that children are asked to be mature enough to handle adult situations with regularity. Many of the past generations just did what their parents told them to do. Mow the lawn, clean their bedroom, and maybe some household chores and so on. In today’s society we’re asking our youth to watch their younger siblings. We also ask them to use potentially dangerous technology at a mature level. Keep in mind that some adults can’t even use technology responsibly! Since we want them to grow up quickly we have to expect that they are going to make adult mistakes especially with the actual maturity level. Is it safe to say that some kids do something that wasn’t meant to be so harmful, and as it would turn out be so detrimental to their lives? When they do make a mistake should we give them adult punishments?      I start in Atlanta, Georgia where two girls baked a cake with glue in the batter and fed it to their fellow classmates. The two thirteen yr. old girls could be charged with up to twelve counts of assault. (CNN 11-19-04) It is situations like this were two girls could be in jail for a long time just because they were trying to pull off a prank.      In Santee, California Charles Andre Williams, a student that was made fun of on a frequent basis brings a gun to school and gets off thirty rounds. The result was a death of another student. Williams had told several people the weekend before including an adult that he was planning to kill someone at school, but no one took him seriously. (CNN 3-8-2001) Again we ask students to make mature decisions, but it isn’t what we had in mind. The number of stories goes on and on including the King brothers who killed... ... juveniles. Hopefully someday we will come up with a positive solution that works. Until that day we can only hope that the fast maturing children of the world will mature enough to understand that nobody can just do whatever they want. There will always be consequences.                     Reference      Legon, Jeordan â€Å"Student hacks school, erases class files†          CNN-6/11/2003      â€Å"Girls charged over sickening cake†          CNN-11/19/2004      â€Å"An epidemic of violence†          CNN-3/8/2001      â€Å"King Brothers get reduced jail sentences†          CNN-11/14/2002           â€Å"School Shooting suspect to face attempted murder charge†          CNN-3/23/2001
Saturday, January 11, 2020
Narrative Example Essay
T ‘was a beautiful day. The sun shone brightly in the East. Birds chirping, sweetly singing on the branches of a trees. Warm smiles of my neighbors, together with the refreshing smell of cold breeze joined the atmosphere. Everything was so perfect. BUZZ, BUZZ, BUZZZZZZ. My alarm clock rang. What?! I’m so late for my class. Blame that stupid dream. Hurriedly, I forcefully took a bath on cold waters. Within 15 minutes, I was all set. I arrived at school very late. When I entered the class, a male friend of mine smiled at me. To show some respect, I flashed my not-so-cool grin and sank to my seat. Bored enough, I took my phone out. A text message from someone anonymous surprised me. It said, â€Å"Meet me at the canteen at exactly 9 A.M. Refer to the School clock†. I glanced at the clock, yawned and dozed off to sleep. See more: how to start a narrative essay for college I completely forgot about the text. Zzzzzzz. Seconds, minutes, hours flew fast by. My typical day ended somewhat nothing has been accomplished. I loved it. Entering our house, my phone rang. A friend was calling. A male voice from the other line was talking , telling me to go with him on the hospital because there was an emergency. I hurriedly went out the house and went with him. As we walked, thoughts engulfed me, the hospital was our neighbour and we went to ride in a car. How strange. Upon entering the car, my friends shouted â€Å"VICTIM†and laughed so hard. Okay, that was a set-up! I was so pissed off. Grrrrhhh! They brought me to Waterworld Resort. Entering the gates, the Ensemble played a soft romantic music. A waiter signalled me to come so I followed him. Later, I saw a guy holding a white rose. I studied him carefully only to be surprised that the guy was my crush. I saw him flashed his pearly whites on me. Wondering, I went and asked him, â€Å" What’s this?†Instead of answering, he motioned me to come with him. We walked on the garden and talked. I talked, he talked, we talked. I smiled, he laughed. Food trips and more talks†¦Ã¢â‚¬ ¦ It’s so sad but I have to bid him goodbye . Before I walked away from him, he hugged me so tight in front of my friends and whispered his three magical words, â€Å"I love you†. I was so shocked. I don’t know how would I react so I just smiled and nod. I can’t talk that night. I felt like my mind is somewhere over there, away from me. It was so romantic. It was so memorable. Dated with love, February 28, 2010. More dates followed and he courted me. We became young lovers and until now, we are still together.
Friday, January 3, 2020
Benefits And Benefits Of Employee Benefits - 1199 Words
Employee benefits were not a significant part of most employees compensation packages until the mid-twentieth century. In the U.S., benefits included only about 3 percent of total payroll costs for companies in 1929. According to U.S. Chamber of Commerce, however, employee benefits in the U.S. now include approximately 42 percent of total payroll costs. Several things account for the huge increase in the importance of employee benefits in the U.S. In the 1930s, the Wagner Act considerably increased the ability of labor unions to establish workers and bargain for better wages, benefits, and working conditions. Labor unions from the 1930s to 1950s took advantage and negotiated for new employee benefits that have since become common in both unionized and non-union companies. Federal and state legislation requires companies to offer certain benefits to employees. Employers may find themselves at a disadvantage in the market if they do not offer competitive benefit packages. In the U.S., legislation requires almost all employers to offer the social security benefit, unemployment insurance, and workers compensation insurance. Companies with 50 or more employees, are required to also offer employees an unpaid family and medical leave benefit. The Social Security Act of 1935, provides monthly benefits to retired workers who are at least 62 years of age, disabled workers, and their eligible spouses and dependents. Social Security is financed by contributions made by the employeeShow MoreRelatedBenefits And Benefits Of Employee Benefits Essay1422 Words  | 6 Pagesor not, when the phrase employee benefits is mentioned there are many different perspectives from various angles as to what exactly employee benefits entail. Some perspectives are, but not limited to, what is deemed an employee benefit, what benefits are required by law to be given to employees, benefits that employees might feel are superior, and whether or not benefits provide value to the employer. For clarification purposes Alison Doyle offers this, â€Å"Employee benefits are non-salary compensationRead MoreBenefits And Benefits Of Employee Benefits1957 Words  | 8 PagesEmployee benefits are an important component of compensation for many US employee s. Approximately 30% of worker compensation comes in the form of fringe benefits, and benefits have been linked to increased productivity and worker satisfaction, and reduced absenteeism (Artz, 2010). While health and life insurance are common benefits provided to employees, firms also offer EAP programs, child care, flexible work hours, work-at-home programs, long-term disability insurance, and health and wellnessRead MoreBenefits And Benefits Of Employee Benefits1195 Words  | 5 PagesEmployee benefits coordinator play a significant role in Human Resource Management. Employee Benefits coordinators are responsible for assisting with employee benefits, maintaining employee data base, managing all insurance billings and maintain employee files, sick pay, vacation and retirement. This study explores the importance of employee benefits to corporations, government agencies and non profit organizations. This paper also researches the effects on the management team and on individual employees’Read MoreBenefits And Benefits Of Employee Benefits Essay1156 Words  | 5 Pages Employee benefits are all forms of consideration given by an enterprise in place of service rendered by employees. Post employment benefits are employee benefits which are payable after the employment period is completed. Profit sharing bonus payment: an organisation should observe the future cost of profit sharing and bonus payments only if the organisation has a present obligation to make these payments based on the result of past events. A trustworthy assessment of the obligation can be madeRead MoreBenefits And Benefits Of Employee Benefits1847 Words  | 8 PagesI’ve chosen the topic of employee benefits and the varying considerations given to benefits as part of total compensation around the globe. What are the issues to be considered? What about the MNE employee? The content of this paper includes key excerpts and a condensation (compacted by 80%) of current knowledge regarding the administration of employee benefits as published by McGraw-Hill 2011 in â€Å"The Handbook of Employee Benefits: Health and Group Benefits, 7th Edition. Jerry S. RosenbloomRead MoreBenefits And Benefits Of Employee Satisfaction1611 Words  | 7 PagesBenefits play a major role towards employee satisfaction and how they behave in an organization. Employee satisfaction is necessary for the success of any organization. Keeping employee satisfaction should be a priority for every employer. There are many reasons why an employee can become discouraged with their jobs. Some include: lack of communication within the organization, high stress levels, lack of recognition, or limit opportunity for growth. Health insurance is one benefit in the foundationRead MoreBenefits And Rewards For Employee Benefits1785 Words  | 8 PagesEmployee benefits are an essential component of an organization’s total rewards strategy. Today companies design benefits packages that are unique and rewarding in order to attract and retain talented workers. In fact, employee benefits have evolved significantly over the years. Employee benefits are no longer just the basics, such as healthcare and retirement plans. Organizations are now expanding their benefits and rewards offerings to include creative perquisites, such as onsite childcare, flexibleRead MoreEmployee Benefit Plan Development : Employee Benefits Essay1508 Words  | 7 PagesEmployee Benefit Plan Development â€Å"Understanding your employee’s perspective can go a long way towards increasing productivity and happiness†– Kathryn Minshew, founder of The Muse. In today’s highly competitive and robust job market, benefit programs have become an integral aspect of an employer’s total compensation package. In fact, an employer’s total benefit package plays just an important role in attracting and retaining talent for organizations as monetary compensation, according to a recentRead MoreEmployee Compensation And Benefits Package Essay905 Words  | 4 PagesIntroduction – Employee Compensation and Benefits This paper will outline an employee compensation and benefits package for a new hire for a secretary for the department. First, it will describe the organization I chose for designating a compensation package. Next, this paper will develop an employee compensation and benefits package for this new position. This paper will outline an employee compensation and benefits package for a new hire for a secretary for the department. First, it will describeRead MoreEmployee Compensation And Benefits Packages Essay1245 Words  | 5 PagesEmployee Compensation and Benefits Organizations create compensation and benefits packages in order to attract the best talent. In today’s global economy it is imperative that organizations offer compensation packages that are competitive in order to recruit the very best talent in the world. However, in order to be successful, compensation packages must align with business strategies. Authors â€Å"Mathis, Jackson, and Valentine (2014) explain that an effective total rewards approach balances the
Thursday, December 26, 2019
Women s Suffrage Movement Susan B. Anthony - 1698 Words
Men and women are supposed to be equals. Women are supposed to share equal rights and opportunities with males, but sometimes women experience discrimination and face inequality. (It’s not only women; people of different genders/sexual orientation, race, ethnicity, and etc. face discrimination still to this day). Some look at this world as if it is a man’s world, and women were put on this Earth to help their husband, have kids, and raise their children. Well, women can do more than that! Not only men, women can be leaders and hold high positions too. Women can go into male dominated professions, and be successful. When feminism comes to mind the first thing I think of is the women suffrage movement. Then I think of the 19 amendment and how it gave women the right to vote (a right we should have had in the first place). Susan B. Anthony is a well-known feminist who believed that slavery should be and would be ended, and not only that she pushed for women to have the rig ht to vote (the right they had been denied at the time). I also think of the early 20th century in America, and several things that happened. There was Margaret Sanger, who in the early 1900’s pushed for people to be educated about sex (sex education). Also, she pushed on the topic of contraceptives which at the beginning many people didn’t like the idea of at first. I also think of women like Coretta Scott King who not involved in the Civil Rights Movement, she was also a feminist. She also had a part in theShow MoreRelatedSusan B. Anthony : An American Icon1462 Words  | 6 PagesSusan B. Anthony Susan B. Anthony was a born a fighter she never stopped protesting the morally incorrect in her first years to her last she fought for equality. Susan B. Anthony is an American icon known for her work with the Women Suffrage Movement she influenced the American culture and brought all American women a better future. Her legacy sculpted feminism and helped the community pave the way to equality. Susan B. Anthony was born an activist her family being involved in the Anti-SlaveryRead MoreFeminism : The Advocacy Of Women s Rights On The Basis Of Equality1645 Words  | 7 Pages- the advocacy of women s rights on the basis of the equality of the sexes.†Throughout history women have been perceived as these docile,fragile,and inferior type of people. Men were supposed to be the ones in charge and women were meant to follow along. These women back in the day were conditioned to believe that their place was at home being a good little housewife to their husbands. Women’s thoughts and opinions did not hold the same value as that of a man. There were women that were just fineRead MoreThe Heroic Of Women Rights807 Words  | 4 PagesThe Heroic of Women Rights In the early eighteen century in Canajoharie New York, Susan B. Anthony, a teacher discovered that men and women have different hourly wages. This commotion made Susan B. Anthony and other female to join the â€Å"teacher union to fight for equal wages.†(â€Å"SusanBAnthony†par.5) Nevertheless there was one problem, - Susan B Anthony continued to fight for the teacher union actively but she had to end her career as a teacher. Under the circumstances, Susan B Anthony had taken a roleRead MoreSusan B Anthony : A Strong Sense Of Moral Sense875 Words  | 4 PagesSusan B Anthony Susan B Anthony was born on February 1820, to a Quaker family in Massachusetts. She was the second oldest of eight children, and her parents were owners of a cotton mill. Sadly, two of the Anthony siblings died in infancy and only six of them grew up to be adults. Moving on with their life, the Anthony family moved to New York around 1826, and Susan was sent to a Quaker School near Philadelphia. Susan B Anthony returned home in the 1830s to help her family after the breakdown ofRead MoreWomen s Suffrage By Susan B. Anthony891 Words  | 4 PagesStates had several of social movement. People created social movement because their want society to aware in problem of society. Some want society to know about famine, oppression and poverty in their life. Others want society to know about inequality. One of the most famous and most powerful movement is â€Å"Women’s Suffrage†. The movement of women that call for their right to vote. Susan B. Anthony, the woman who influenc es in progress of women’s suffrage. Belief of Anthony effect on American societyRead MoreCult of True Womanhood: Womens Suffrage1299 Words  | 6 PagesIn the 1840’s, most of American women were beginning to become agitated by the morals and values that were expected of womanhood. â€Å"Historians have named this the ’Cult of True Womanhood’: that is, the idea that the only ‘true’ woman was a pious, submissive wife and mother concerned exclusively with home and family†(History.com). Voting was only the right of men, but women were on the brink to let their voices be heard. Women pioneers such as Elizabeth Cady Stanton and Lucretia Mott wrote elevenRead MoreThe Women s Suffrage Movement1553 Words  | 7 Pagesall American women had the right to vote, and were granted the same rights and responsibilities as men in terms of citizenship. Until this time, the only people who were allowed to vote in elections in the United States wer e male citizens. For over 100 years, women who were apart of the women’s suffrage movement fought for their right to vote, and faced many hardships and discrimination because of it. The American women’s suffrage movement was one of the most important political movements in historyRead MoreSusan B Anthony In The Womens Suffrage Movement1295 Words  | 6 PagesSusan B. Anthony In The Women’s Suffrage Movement The crucial process of slavery was the biggest economic salvation in the United States for hundreds of years. With time, many evangelical Americans began to emphasize the struggling lives of slaves in order for them to be saved through the grace of their mighty God. In the early 1800s, the Second Great Awakening rose to power to acknowledge the slaves and their rights as children of God. During the Civil War (1861-1865), the Abolitionist MovementRead MoreWomen s Rights During The Civil War1628 Words  | 7 PagesWomen Getting the Right to Vote â€Å"While the word suffrage, derived from the Latin â€Å"Suffragium,†simply refers to the right to vote, the modern connotation specifically calls to mind the women’s suffrage movements of the nineteenth and twentieth centuries. Part of the larger social movement of Women’s Rights and the fight for equality within patriarchal societies , the Women’s Suffrage Movement in the United States spans a seventy-two year period†(Dolton 31)The campaign for women’s suffrage beganRead MoreBiography of Susan B Anthony1496 Words  | 6 PagesSusan B. Anthony (Your name) (college) Susan B. Anthony On February 15, 1820, Susan B. Anthony was born in Adams Massachusetts to Lucy and Daniel Anthony. Susan out of eight children was raised in a strict Quaker family. Her father, Daniel Anthony, was a very rigid man, a Quaker cotton manufacturer and abolitionist. He believed in making sure children were guided right, not targeting them. Her father did not let his kids experience the childish enjoyments of toys, games, and music, because
Wednesday, December 18, 2019
The Judicial Branch Of The United States - 1376 Words
Within the United States government exists the Judicial Branch. The Judicial Branch is responsible for explaining the laws that are created and determining whether or not they are constitutional. The Judicial Branch has the power to punish violators of these laws based on the severity of the crime. Matching a punishment to the crime is not as easy task. An issue within the Judicial Branch, and the United States as a whole, is the overcrowding of the prisons caused by high mandatory sentencing and a poor recidivism rate. On top of the already listed issues, the price to house an inmate is large and is a huge burden on the taxed citizens of America. The prison population in the United States has grown incredibly over the last half century. According to BBC (2015), the United States leads the world in total prison population and prisoners per 100,000 citizens, while being second in percentage of female prisoners and eighth in jail occupancy percentage. This perfect storm of proble ms creates a society with an over-incarcerated population being sentenced to terms in overcrowded prisons. Laura Glaze (2014), of the Bureau of Federal Statistics, lists the total population of people in America under some form of court mandated supervision at just below seven million people. At the end of 2014, one out of every thirty-five adults were under correctional supervision. Since 2000, the incarcerated population has grown by just under 300,000, or 14%. According to Nathan James,Show MoreRelatedThe Judicial Branch Of The United States Essay1681 Words  | 7 PagesThe United States government consists of three main branches: the legislative, the executive, and the judicial. Within the contents of this essay, the judicial branch will be examined. The judicial branch of the United States government oversees justice throughout the country by expounding and applying laws by means of a court system.1 This system functions by hearing and determining the legality of such cases.2 Sitting at the top of the United States court system is the Supreme Court. The SupremeRead MoreThe Judicial Branch Of The United States1515 Words  | 7 Pages The United States of America has a very complex system of government through the use of checks and balances. The system we have in place allows for the three branches of government to control one another so that one branch could not be the most powerful. What makes the judicial branch different is that the decision brought by the Supreme Court is the final say and cannot be overruled. Along with that the election process for the legislative and executive branch is brought to by the use of a voteRead MoreSystem of Checks and Balances in America Essay1215 Words  | 5 PagesIn 1787 the United States of America Constitution, written by America’s forefathers, established a revised plan of government for the United States of America. The United States of America Constitution proclaims its purpose in its Preamble: â€Å"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordainRead MoreEssay about The Judicial Branch1512 Words  | 7 PagesThe United States government consists of three main branches: the legislative, the executive, and the judicial. Within the contents of t his essay, the judicial branch will be examined. The judicial branch of the United States government oversees justice throughout the country by expounding and applying laws by means of a court system.1 This system functions by hearing and determining the legality of such cases.2 Sitting at the top of the United States court system is the Supreme Court. The SupremeRead MoreThe National Government Of The United States1445 Words  | 6 PagesAbstract The National Government of the United States of America consists of three branches. These branches of government, which include the legislative branch, the executive branch, and the judicial branch, separate the government s power into a form of checks and balances. The system of checks and balances has been set in place to allow the three branches to limit the power of the other branches, this way, no branch is more powerful than the others. Each of these three branches of government willRead MoreSeparation Of Powers : A Principle Of The U.s. Government1528 Words  | 7 PagesPowers Separation of powers is a principle of the U.S. government, where powers and responsibilities are divided by the legislative branch, executive branch, and judicial branch. Each branch may choose to prevent action of the other branches through the system of checks and balances. The framers of the Constitution designed this system to make sure that no branch would gain too much power and that issues of public policy and welfare would be given consideration before any action was taken. The conceptRead MoreEssay about The Three Branches of the U.S. Federal Government997 Words  | 4 Pagesexecutive, the judicial, and the legislative. The executive branch consists of such people as the president, the cabinet, and the executive offices of the president. The executive branch is known for enforcing laws created by the legislative branch. The judicial branch entails the United States Supreme Court and the Federal Judiciary. The judicial branch must review the laws the executive branch is to enforce. There is also the legislative branch. This branch contains the United States House of RepresentativesRead MoreHow An Individuals Socioeconomic Status Can Affect The Justice Administered To Them by the Judicial Branch1248 Words  | 5 Pagesmoney, and or socioeconomic status can affect the justice administered to them by the United States judicial branch. The Judicial Branch of the United States government is an extremely important factor in the success of today’s society, without it, society would have no standard of order and things would be completely and utterly chaotic! As a matter of fact no country would be complete without a Judicial Branch or some type of government in place because it is mandatory in the successful and smoothRead MoreThe Supreme Law Of The Land949 Words  | 4 Pages The composition of the United States government holds many expressed, implied, and reserved powers that radiates vast roles and complexities throughout. However, through a system that checks and balances, power and roles within the U.S. government has been primarily placed within three (3) branches: The Executive Branch, Legislative Branch, and Judicial Branch. In order to offer a separation of power, each branch is responsible for their roles within the government. Aside from specific responsibilitiesRead MoreThe United States Legal S ystem970 Words  | 4 Pagesthrough the United States, the one program that has grown and learned from mistakes has been the United States Legal system. Ever since the original thirteen colonies became independent from the British Crown, the United States has had a legal system in place. While the United States grew, state by state, so have the regulations, policies, and laws that the legal system has created. The Articles of Confederation created a weak national congress and left the most power to the individual states. While
Monday, December 9, 2019
Land Law free essay sample
Proprietary estoppel protects a person who has a non contractual agreement over land but they have suffered a detriment due to them acting upon a reliance based on an assurance made by the claimant. There has been much discussion in recent case law and academic commentaries as to the elements which make up the nature of proprietary estoppel. Unconscionaibility is a major point for discussion in deciding whether it should be treated as a separate element or if it is linked into the three main elements. This essay will consider and discuss the nature of proprietary estoppel and the two views on unconscionaibility; whether there will always be unconscionaibility if there has been a non-performance of an assurance causing the claimant to suffer a detriment based on the assurance which they relied on or if unconscionaibility should be proven as a separate element in each case. The starting point of proprietary estoppel was in the case of Willmott v Barber (1880) where five criteria were laid down, which had to be satisfied by a person claiming proprietary estoppel and the courts applied these criteria to a wide range of proprietary estoppel claims. However these criteria were criticised for being too strict leading to the broader approach established in Taylor Fashions Ltd v Liverpool Trustees Co Ltd (1982) where Oliver J stated: ‘whether, in particular individual circumstances, it would be unconscionable for a party to be permitted to deny that which, knowingly or unknowingly, he has allowed or encouraged another to assume to his detriment’. Although the approach became broader there still remained essential elements which must be satisfied for a successful claim. The more modern approach towards proprietary estoppel is based on three main elements, firstly an assurance of land or property being made to the claimant, the claimant relying on the assurance which has been made and finally the claimant suffering a detriment as a consequence of relying on the assurance made. The main point for discussion and questioning in proprietary estoppel is the role of unconscionaibility and whether it should be treated as a fourth element which too must be satisfied in order for a claim to be successful or if unconscionaibility is interlinked with the other elements of proprietary estoppel. Proprietary estoppel acts as ‘a sword and a shield’ and can be used in one of two ways. ‘Put positively, the reason why it is possible to use proprietary estoppel to generate a property interest in a favour of a claimant despite the absence of the normal formality rules is because of the need to prevent unconscionable conduct. This is why unconscionaibility is the foundation of estoppel. It is the antidote to the otherwise fatal absence of formality. ’ This is one of the views on unconscionaibility which suggest that unconscionaibility is at the heart of proprietary estoppel rather than a separate element of it. The first element of proprietary estoppel is encouragement where the claimant’s belief that they would have some rights over land or property has been encouraged by the promisor and this could have been done actively or passively. Active encouragement is seen in common expectation cases where the claimant has been actively persuaded through an express representation as in Inwards v Baker (1965) where a son was actively encouraged to build on his fathers land in the expectation that it would be his in the future. Common expectation cases are dealt with more generously by judges, compared to passive cases, as the promisor has lead the claimant to have a reasonable belief that they would acquire the land therefore leading them to rely upon that assurance causing them to suffer a detriment. It would be seen as unconscionable in a common expectation case for the claimant to have been encouraged to suffer a detriment for the promisor to then go back on their assurance, meaning that unconscionaibility is instantly a running theme in the elements as it can be seen at the first instance and should therefore not be treated as a separate element. The encouragement could also be passive, for example a land owner standing by watching someone build on their land knowing that somebody is acting under a mistaken belief. The nature of a passive expectation made to the claimant can be distinguished in commercial and domestic cases as was seen in Cobbe v Yeoman’s Row Management Ltd (2008) where the House of Lords established that the expectation of an interest in land should not be vague in a commercial situation. The expectation should be for ‘a certain interest in land’ for proprietary estoppel purposes which was not the expectation held by Cobbe therefore the expectation was held to be too vague. Lord Scott stated ‘Unconscionaibility in my opinion plays a very important part in the doctrine of equitable estoppel, in unifying and confirming, as it were, the other elements. If the other elements appear to be present but the result does not shock the conscience of the court, the analysis needs to be looked at again. This statement shows how case law endorses the unconscionaibility approach as being interlinked with the other elements of proprietary estoppel however if all of the elements are not satisfied there can not be a claim for proprietary estoppel as is the case here. In domestic (family) cases, the nature of the expectation doesn’t have to be so specific as long as there is an interest or right in land that would amount to a significant expectation. The assura nce made must be clear enough so that claimant is found to have relied upon. Lord Walker stated in the case of Thorner v Major (2009) â€Å"There is no definition of proprietary estoppel that is both comprehensive and uncontroversial†¦the doctrine is based on three main elements, although they express them in slightly different terms: a representation or assurance made to the claimant; reliance on it by the claimant; reliance on it by the claimant; and detriment to the claimant in consequence of his (reasonable) reliance†One view on unconscionaibility stated that ‘Once there has been detrimental reliance on an assurance, it is unconscionable to withdraw it’ therefore if it cannot be proven that an assurance existed then it wont be unconscionable for it to be withdrawn showing that unconscionaibility is a running theme within proprietary estoppel rather than a separate element. One difficulty in deciding these kinds of cases is that although an assurance has been made to the claimant in the way of a will, the claimant is also aware th at the will could be revoked at any time therefore the question to be asked is whether their reliance based on the assurance was adequate. The second element of proprietary estoppel is reliance where the claimant must have been encouraged to rely on the promisor’s assurance which has caused them to suffer a detrimental loss by changing their position and there must be a sufficient causal link between this in that the encouragement must have caused the detriment suffered. Reliance can not be treated as an element alone it has to have caused a change in the position of the claimant, if no detriment has been suffered then there can be no claim for proprietary estoppel. There are several ways in which the courts can show how the claimant was influenced to rely on the encouragement; firstly is by clearly showing that there has been a change in position by the claimants positive act, for example the claimant spending money on the land or making property improvements based on the assurance that it will become theirs, causing them to suffer a detriment. Where the claimant has acted in a way different to what he would had the assurance not been made nd relied on this can also show how the encouragement has influenced the reliance causing a detriment as in Jones (AE) v Jones (FW) (1977) where a son acted on the assurance of property becoming his left his job and house to live with his father, however had the assurance not had been made he would not have done this leading to the detriment that he suffered. There can be a presumption made that the claimant relied on the assurances given to them based on there conduct and in these cases the burden is put onto the other party to prove that the claimant did not rely on the promises made and this is hard to prove as it is a subjective matter based on the claimants state of mind. This was the case in Greasley v Cooke (1980) where the defendant did not have to prove that she relied on assurances as it was presumed from her conduct. The final element of proprietary estoppel is that the person must have suffered a detriment due to the reliance on the assurance which has caused a change in their position. The detriment suffered can be in many forms not just that of financial detriment although it must be substantial in making it unconscionable for the land owner to withdraw their promise of land to the claimant. Walton v Walton (1994) shows where financial detriment wasn’t the main detriment suffered, the claimant had suffered a personal detriment as he had spent years of his life relying on the assurance made to him that the farm would one day be his, and he couldn’t get those years of his life back. Public policy in formalities of contracts plays a major part in the deciding claims for proprietary estoppel. Section 2 Law of Property (Miscellaneous Previsions) Act 1989 states that (1) A contract for the sale or other disposition of an interest in land can only be made in writing and only by incorporating all the terms which the parties have expressly agreed in one document, or where contracts are exchanged, in each. This act stops informalities in land transfers where a claimant would be expected to sign up a contract but hasn’t done so, as in Cobbe, and this is where they would turn to proprietary estoppel to try and show that the detriment which they have suffered is due to the unconsionability of the removal of the assurance which they had originally relied on. Proprietary estoppel acts as a way around formalities and a form of protection for those who have not followed contractual formalities in the transfer of land. Why should people be able to use proprietary estoppel to make a claim for land where they have followed formalities and drawn up a contract as in Cobbe, it can be seen that it is not unconscionable for the promisor to withdraw as there is no contractual agreement. However in domestic cases where there wouldn’t always be an expectation of a legal contract to be drawn up proprietary estoppel can stop unfair decisions being made due to the lack of formalities where it would be unconscionable for the defendant to suffer a detriment due to an assurance on which they have relied. There are clearly two competing arguments against proprietary estoppel, the first being that ‘once there has been detrimental reliance on an assurance, it is unconscionable to withdraw it. Indicating that unconscionaibility is a function of the three elements. If unconscionaibility was seen as a separate element then it would be pointless in having formalities as it wouldn’t matter whether it was unconscionable or not as long as the other elements had been satisfied. The second view on unconscionaibility is that of it being a separate fourth element and in some circumstance this can be seen as being successful for example in commercial cases where the first three elements of proprietary estoppel have been established but it would be unconscionable for the claimant to benefit due to the lack of formalities and contractual agreement.
Subscribe to:
Posts (Atom)