Procedural justice versus substantive justice Research Paper

Procedural justice versus substantive justice - Research Paper Example Substantive justice follows laws that define, regulate and create the obligations of certain parties, which should be carried or no carried out towards others meaning that this form of justice falls under the cause of action, but not proactive. This is such that individuals bring forth their issues to the bodies charged with the responsibility to safeguard and ensure that the obligations set for the people are followed. As such, substantive justice ensures and creates opportunities for people whose rights have been violated to present their grievances, but not to prevent this violation. Thus, it serves as a form of punitive measure to see to it that those who fail to honor their part of the bargain in relation to following a defined code and obligation face justice (Sandefur, n.d). Substantive justice applies mainly in the issue of rights, where there remains controversy as to how one can define rights under a justice system, since its origin lies in the term â€Å"due process of th e law.† Following this development in substantive justice, it is applied in the issue of rights, as a distinct characteristic in rights does not appear in other forms of law or justice. In rights, they are defined and one is obliged to pay attention to them lest they end up violating their own rights or even those of others. Substantive justice, therefore, sets guidelines within which one conducts oneself and binds one actions to the consequences. Based on the history of substantive justice as the due process of the law, guidelines ensure that there exists a definition of terms or procedures through which one must go through in order for certain events to take place. Substantive justice also sets the circumstances under which things are done and failure to which certain consequences are issued, as it provides a diverse framework, which creates the conditions that people relate to each other and how people relate with the government. It also sets out how an individual is respon sible for everything that he or she engages in, as substantive justice offers definitions , regulations and obligations to govern the above said relationships. To build more on the relationships between people and the government, it is important to look into the role of substantive justice in seeing to it that the government carries out its responsibilities or obligations. Concerning this, substantive justice creates a clear distinction between valid laws and invalid ones, which acts as a means of discerning, that which is rights and that which is wrong according to the actions of the government towards its people. Substantive justice calls for a clear definition of these standards, where those charged with the responsibility of justice are bound to come up with standards of generality, regularity, fairness, rationality and public orientation. The above is meant to apply to the activities of the people towards each other and the government towards its people, as well as the people t owards governance, which is a form of prohibition of abuse of power against the people by the government and the people towards the government (Sandefur, n.d). This is due to the high possibility of using public interests for personal gain or ends, which is common in an arbitral nature of the law, and that explains the role of substantive justice. One of the benefits of this law is its definitive nature, where it sets clear stipulations against

Drugs Research Paper Example | Topics and Well Written Essays - 1500 words - 1

Drugs - Research Paper Example Legislation was then passed and the creation of the FDA was created in order to oversee and regulate these drugs (Lowinson, Ruiz, Millman, & Langrod, 2005). One of the biggest debates in the United States regarding a specific kind of drug has been whether it should be deemed legalized or whether it should remain illegal. This drug, Cannabis, has sparked such a controversy that many people are ambivalent about whether it should be legalized or not. In order to make an informed decision as far as whether Marijuana should be legalized or not, there are some key notes and facts that must be noted about the drug. Marijuana is a drug which originates from the Cannabis plant. This is the first argument regarding the legalization of the drug is that it occurs in nature without human intervention or alteration. Marijuana originally is from Central and South Asia (ElSohly, 2007). Through trading and the expansion of humanity across the world, it was only a fact that the use of the drug would spread through trade. Its psychoactive properties are what made it such a valuable plant in that it was used in many rituals which involved the transcendence of the soul and allowed communication with other states of being (Booth, 2003). In the United States, the largest uses of marijuana have been from the so called â€Å"Hippie era† to even now. The use of marijuana was criminalized in the 1900s, but has recently leaded to some states wanting to make an exception for the use of marijuana for only medicinal purposes. Most notably, this controversy over some states making the use of marijuana for medic al purposes has lead to the issue of an old problem which plagued America even at the founding, the issue of the right’s of the states versus the power of the federal system. This was seen when California legalized marijuana for medicinal purposes and the federal government stepped in to

Disaster Aids Essay Example | Topics and Well Written Essays - 1000 words

Disaster Aids - Essay Example The report also gives a deep insight into the steps that citizens or entire communities can take in order to lessen disasters’ impact on homes as well as businesses (FEMA, 2003). The most recent disaster to strike America was super storm Sandy, with New York and its surrounding territories suffering the storm’s impact hardest. When the storm waters gradually rose inland, power lines got exposed causing the city to suffer from widespread blackouts, which were accompanied by massive looting of valuables. Buildings were structurally damaged, hence floating debris presented significant safety hazards. Principal transportation routes, particularly the subway, were also adversely affected, thus, inhibiting the movement of residents from one place to another. The most significant damage was, however, of houses and business structures. The Federal Emergency Management Agency (FEMA) came to help the residents by providing housing finances. By the end of 2012, this aid had amount ed to $664 million (FEMA, 2003). While the latter is a substantial amount, there are numerous complaints from residents about the rejection of housing help applications, despite the sufficient proof that they had suffered the immense damage to the extent of being homeless. Rather than reviewing compensation cases via application letters only, FEMA should have sent agents to assess the damage incurred by applicants, thus ensuring that they got sufficient recompense and that critical cases were prioritized. Other than storms or hurricanes, there are several disasters that may have a huge impact on the society. These include floods, fires, severe disease outbreaks, leakage of hazardous materials, and terrorist attacks among others. The first response to such incidents would be from relevant local government agencies such as the local fire department, hazardous materials (HAZMAT) teams, and organized teams of paramedics or medical personnel among others. The other category of responders comes from the state or federal level and includes agencies like FEMA. Finally, non-governmental agencies like Red Cross, World Vision, and the Salvation Army may offer their aid to the affected (FEMA, 2003). Even though the federal government plays a significant role in ensuring that disaster victims cope effectively with their affliction, there are numerous myths associated with the federal assistance. For instance, some people assume that the federal government is entirely responsible for the recovery from disasters, yet local government agencies should primarily help the affected to recover. Others uphold the misconception that assistance provided by the federal government is meant to fix all the things. It is imperative to note that the financial aid provided is exclusively to the stipulated purpose. For instance, if money is given for housing then it must be explicitly utilized to repair house damages or acquire an alternative accommodation. Another common misconception is th at each person affected by the disaster must receive the federal aid, whereas the truth is that only the most affected get assistance based on findings of the legibility analysis. For me

Dessertation proposal (Impact of Strategic HR Management on Business Essay

Dessertation proposal (Impact of Strategic HR Management on Business Performance) - Essay Example This is in recognition of the fact that different countries have different national cultures and physical and socio-cultural environments. Much research has been conducted on the effectiveness of strategic human resource management in the United States, Britain and other European countries while very little has been done to establish its effectiveness in companies that are based in the Middle East. This research study seeks to fill this gap and will use xxxx Company that is based in Saudi Arabia as a case study. Since the Middle East is so wide, this research will use one company (xxxx Company) as a case study. This is also done in consideration of the huge resources that may be needed to conduct the research in several organizations. Strategic human resource management (SHRM) is concerned with the establishment and development of collection of policies and programs that are consistent with an aim of facilitating the achievement of a company’s strategic objectives according to Armstrong and Baron (2002). SHRM is designed to help organizations meet best the needs of their workers or employees while at the same time promoting the company’s strategic goals. According to Boxall and Purcell (2003), human resource management practices are those actions and decisions that are concerned with the management of employees and that are related to the strategic implementation of measures that are aimed at sustaining the business’ competitive advantage. These practices cut across all levels and play a great role in the development of a working culture. SHRM practices include staff appraisal systems, recruitment and firing practices, work flexibility arrangements, training, and remuneration systems. Other experts have defined SHRM as the practice of proactively managing people. This therefore means that it involves thinking ahead and making plans that will enable the company to meet in a better

Face of Racial Profiling Research Paper Example | Topics and Well Written Essays - 1250 words

Face of Racial Profiling - Research Paper Example The horrific terrorist attacks of September 11, 2001 left an ineradicable mental image in the minds of people worldwide and changed many aspects of life in America not the least of which is the moral, ethical and legal debate regarding the concept of profiling based on a person’s race or country of origin.   The government and various agencies such as the transportation industry, as a response to possible future terrorist attacks, has led an anti-terrorism campaign focused on identifying people of Arab descent extending even to people of the Muslin faith and those who appear to be of   Middle Eastern origin.   Undoubtedly, if profiling in the name of terrorism has not been proved effective, the profiling of black citizens in the name of ‘getting tough on crime’ is not effective as well and causes more harm, ultimately, than whatever good may come of it.   â€Å"Racial profiling in any manifestation is a flawed law enforcement tactic that is in direct conf lict with constitutional values† (MacDonald, 2001).   There is no conclusive evidence that proves either way if the profiling of suspected terrorists which includes the factor of ethnicity or race is effective in safeguarding U.S. citizens.   What is known is that the majority of U.S. residents, legal or not, of every racial group are not involved in terrorist activities and were alarmed by the September 11 attacks.   Consequently, harassing, detaining or intruding on the liberty and privacy of individuals haven’t caused any reason to justify such an intrusion.... Undoubtedly, if profiling in the name of terrorism has not been proved effective, the profiling of black citizens in the name of ‘getting tough on crime’ is not effective as well and causes more harm, ultimately, than whatever good may come of it. â€Å"Racial profiling in any manifestation is a flawed law enforcement tactic that is in direct conflict with constitutional values† (MacDonald, 2001). There is no conclusive evidence that proves either way if the profiling of suspected terrorists which includes the factor of ethnicity or race is effective in safeguarding U.S. citizens. What is known is that the majority of U.S. residents, legal or not, of every racial group are not involved in terrorist activities and were alarmed by the September 11 attacks. Consequently, harassing, detaining or intruding on the liberty and privacy of individuals who are of a certain ethnic group will undoubtedly cause a certain amount of personal detriment to countless numbers of peo ple who haven’t caused any reason to justify such an intrusion. The reality of the situation will not totally convince those persons who argue that profiling is effective and helps keep the public safe. Unlike illegal drug trafficking which involves large numbers of U.S. citizens of all ethnicities, there is every reason to assume that very few people in the U.S. are not engaged in terrorist activities or are planning attacks. Hence, â€Å"any criteria police use to identify or ‘profile’ terrorists, whether or not those criteria rely on suspect classifications such as race, ethnicity, or national origin, will yield many more false positives than they will disclose

The Nuer Tribe Essay Example | Topics and Well Written Essays - 3250 words

The Nuer Tribe - Essay Example Central Sudan, where the capital Khartoum is located, is the urban region where most of the population resides. Speaking 300 different languages, the different tribes have a history of infighting since time immemorial. Famine and the almost incessant fighting between the tribes have always been catalysts for the social and economic deterioration of Sudan (Sharp 147). The main ethnic tribes are the Dinka (12%), Nuba (8%), Beja (6%), Nuer (5%) and Azande (3%) (Lye 294). Probably the most important of these is the Nuer tribe not only because its habitat, the swamps of Sudd, might contain vast oil deposits that is currently being explored by Chevron Oil Company (Luciani 88) but it is 'the largest political segment of a people defined by a common language and a sense of common identity" and "the tribe was the largest population who not only claims a common territory but acknowledge the right of their members to compensation for injury" (Bhushan & Malik 106). southern Sudan in the region called the Sudd, which is a Nile-fed swamp as large as the US state of Maine. The Nuer tribe habitat is therefore the flood-plains of the White Nile and its tributaries and extends southwards to Abyssinia (Wellcome Tropical Research Laboratories 325). The Nuer habitat is about 500 kilometers south of Khartoum. The Nuer tri The Nuer tribe is part of the 3 major Nilotic tribes in southern Sudan, the other two being the Dinka and the Shilluk tribes, which physically bear resemblance to each other but each speak different languages and has its own customs and traditions. As a people, the Nuer tribe is divided into clans that in the 1930 census were identified to have numbered to 17 clans with a total population of 247,000 and which are scattered throughout southern Sudan in their own villages. Each clan averages about 14,529 Nuers in the 1930 census which had grown to 35,351 Nuers per clan in the 1955 census (Kelly 161). Recent years have placed the Nuer population at 1.5 million. The different Nuer clans are predatory and are very successful in their belligerent activities because albeit scattered, they are unified, manifesting capacity to unite on a large scale and to organize swift large-scale raids. The Nuer internal unity and its organizational skills are impressive unlike its main warfare victim, th e Dinka tribe groups which are "politically autonomous and do not unite in warfare or for any other purpose". A chink in the Nuer unity and kinship however shows, when a few Nuer clans i.e. the Jagei, the Western Jikany and Eastern Jikany oftentimes clash not only with the Dinka enemy but also with fellow Nuer clans (Kelly 160). The Nuer clans always fight for territorial expansion and this expansionism and predisposition to territorial appropriation had been rooted in the Nuer sociocultural system (Kelly 226). Since early times, the Nuer tribes

Interview Essay Essay Example for Free

Interview Essay Essay Anthony Bryant Jr. is a man who is willing to sacrifice his free time in order to chase his goals. He started out watching the p90x infomercial late one night because he had nothing else to do and just wanted to see what it was like. He began to ask around and see if anyone he knew had the program and if it gave the results that were promised. Luckily, he ran into an old friend who had recently lost the motivation to stick with the program, and asked if he could try it out for himself. â€Å"I thought it would be a breeze because its just a simple home workout,† he smirked. Little did he know, he was about to challenge himself harder than ever before. This was only the beginning of his journey to understand what dedication and commitment truly meant. A. J. decided that we should meet at his local gym which he attends daily. I got there a little early and decided to check out the environment. Inside was a sizable room filled with machines and equipment built strictly for strength training, half of which I didnt even know how to use. Out of nowhere, I heard â€Å"hey man whats up† from the front of the gym, I smiled and turned around to see Anthony walking through the door wearing a Grey cutoff shirt that said â€Å"pain is weakness leaving the body† and a pair of light blue basketball shorts. He is a rather tall, lean guy with short, black hair, weighing in at about 205 pounds. We started talking as he laid down on the bench to pump some iron. After the first three or four minutes, I asked if we could go somewhere else to talk because I could hardly hear him over the sound of the weights rattling against each other. He agreed that it was a bit too loud in the gym for an interview; we went outside and sat at a round table and I asked my first question. I began by asking what his typical day was like through the week. He said he starts his day by getting to the gym before the owner at five in the morning to do cardio. After an hour of cardio he goes home to make his first meal of the day, which is always protein pancakes. Then he picks up his backpack and heads off to school for the next 5 hours. As soon as he gets home from school, he hits the books to make sure he gets all of his work done and has nothing to stress about at the gym. When his training partner arrives they eat a quick meal before heading out to the weight room. They get there and start their average two hour workout, depending on the day: Monday – Chest ; biceps, Tuesday – Legs, Wednesday – rest day, Thursday – Back ; Traps, Friday – Shoulders, Saturday – Arms, and Sunday – rest day. Upon completing the strenuous exercises they return home for their last meal of the day and go their separate ways until the next session. By this time the only thing left to do is get a good nights rest to let their muscles recover for the next day. I could not understand how they did this every day without giving in to failure. Mr. Bryant told me that there were three objectives to keep in mind when choosing to embark on a fitness journey, to decide, commit, and succeed. I asked what each of these meant individually; he leaned back in the chair and said â€Å"boy lemme tell ya, deciding to better yourself is the easiest part, you simply determine whether or not you are willing to go the distance. Anyone can say theyre going to get in shape right after they take a bite of a twinkie. † That is when I realized he was very passionate about physical fitness. Obviously, deciding to become fit was the easiest step, my next question was which one was the hardest. He told me commitment was the most important part of the challenge to become fit, he looked at me and firmly stated that we should never make a plan B because it only distracts from plan A. He told me if someone was to fully decide and commit to working out then the success would come on its own. After hearing him say that, I felt like it was possible for anyone to achieve what he has with the correct guidance. I asked him if he ever thought about personal training or motivational speaking. He nodded his head and laughed, until he saw that I was serious. Responding with, â€Å" not really, I mean I just planned on attending and hopefully winning competitions, I never thought I could be a help to others in achieving their own goals. † A. J. asked if I thought he would be a good inspiration to keep other people motivated and challenge themselves. I reassured him saying, â€Å"you have done this for so long now that it has become second nature to you, I am sure you would have no problem assisting people who need your help. † After the interview was over, I thanked him for giving me his time. he got up anxiously and simply walked back into the gym he has so long loved. I sat there in awe, at how a person can be so dedicated to improving his physique. Anthony Bryant went from watching infomercials of P90X to making the gym his second home. This is a man that has changed my view about what hard work actually means, and was only the beginning of my journey to understand the meaning of dedication and commitment.