Examining The Sharia Law Religion Essay

For each, we have appointed a divine law and a traced-out way. Had God willed, He could have made you one community. But that He may try you by that which He has given you. So vie one with another in good works. Unto God you will all return, and He will then inform you of that wherein you differ.
Qur’an, 5:48
After the tragic events of 9/11, Islam has predominantly been under increased enquiry and scrutiny. The status of women has been targeted greatly, often labelling Islam as oppressive towards women.
In Arabic, Sharia literally means the “way to the watering hole”, symbolically meaning that in the harsh and difficult environment of the Arabian desert, following the path to the watering hole would ensure survival. Hence, in a religious context, if the Sharia was followed devotedly then it would lead the faithful into a pleasurable afterlife.
Sharia Law (or Islamic Law) is based up two foundations: The Quran – which Muslims believe to be the direct word of God sent down from Angel Gabriel to the Prophet Mohammed. The second foundation is the Sunnah and Haddith.
The Sharia is un-codified yet systematic legal system. Un-codified because it has not been written down or collected to create one or more authoritative legal manuals, but nevertheless it is systematic because it is a comprehensible system of doctrines based on religious beliefs.
It is essential to understand that although the Sharia is systematic legal system, it does not have clear and well defined sets of rules and regulations that can be easily applied to real life situations. This is where the role of the Ulama (religious scholars) is vital, because they are ones who dedicate their lives to studying the Sharia and therefore gain the authority to interpret the Sharia to resolve legal problems and apply it to real life situations.
As the scholar Knut S. Vikor describes:
“The Sharia is best understood as a shared opinion of the [Islamic] community, based on a literature that is extensive, but not necessarily coherent or authorized by any single body.”
Believers of Islam believe that the Prophet Mohammed (c. 570 – 632) was the last and greatest of the Prophets that God has sent to reveal the Holy Quran. They believe that his teachings complement and clarify the messages of earlier prophets whose message were held to be distorted or lost over the years. The Prophet Mohammed is regard as the ultimate role model and his life is an example to Muslims on how the ideal Islamic life should be lead but they do not worship him. On the contrary, they believe from the Holy Quran, that Angel Gabriel revealed verbally to the Prophet Mohammed, that God is omnipotent, unique, ascribing no partners and no equal, thus Muslims never treat the Prophet as a Divinity.

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Prophet Mohammed was born in Mecca, Saudi Arabia around c. 570. As he became older, he became a trader and by the age of 25 he married Khadija bint Khuwaylid, a rich businesswoman who was 15 years his senior. In around 610, Mohammed was meditating alone in a cave and according to Haddith complied by al-Bukhari, Angel Gabriel “in the form of a man” appeared before the Prophet. Gabriel ordered Mohammed: “Recite!” Mohammed replied: “I am not able to read”. The angel then gave him a bone-crushing embrace that it “reached the limit of his endurance” and then released him. Again the angel ordered him: “Recite!” Mohammed again replied: “I am not able to read”. After a third embrace and release, the angel ordered Mohammed: “Recite!” Mohammed then recited the following:
Recite in the name of thy Lord who created-
created man from clots of blood.
Recite! Your Lord is the Most Bountiful One, who by
the pen taught man what he did not know.
This then was the first revelation of the Holy Quran which later formed the first opening verses of Surah (chapter) 96 of the Quran. It took a period of 23 years for the entire revelation of the Holy Quran to form as we know it today. According to Muslims, they believe that the Prophet himself was illiterate and therefore his literate followers would write the revelations with whatever they could place their hands on, “pieces of paper, stones, palm-leaves, shoulder-blades, ribs, and bits of leather.” An authoritative version of the Quran was produced after the Prophets death in 632.
The Quran
The Quran consists of 144 Surahs which, instead of being placed in chronological order, they are grouped in order of their length where the longer chapters at the beginning and shorter chapters towards the end (with the exception of the opening chapter “Al-Fathia”).
And although the basis of Sharia comes partly from the Holy Quran, in actuality it does not contain many exact rules of law. According to the scholar Mohammed Hashim Kamali, he concluded that less than 3 percent of the Holy Quran actually dealt with legal matters. These findings were also corroborated with another scholar by the name of N.J. Coulson who also concluded that:
“The Quran is in no sense a comprehensive legal code. No more than 80 verses deal strictly with legal matters; while these verses cover a wide range of topics and introduce many novel rules, their general effect is simply to modify the existing Arabian customary law in certain important particulars.”
Despite the low numbers of legal rulings from the Quran itself, it is the legal principles in which the Holy Quran brings forward that creates the fundamental nature of Sharia Law and that Muslims jurists draw from the moral and ethical values, which forms the Islamic message that comes from the Holy Quran, to make judgements and informed opinions on many legal matters that the Quran does not cover.
For example, the main theme that is seen throughout the Holy Quran is Justice (‘Adl) and this plays a central part in the Sharia. ‘Adl literally means placing things in the right place where they belong. The Sharia tries to establish ‘Adl by adjudicating grievances and arbitrating disputes to the individuals involved, but also seeks to institute ‘Adl as a whole throughout the community by establishing equilibrium of benefits and advantages in society.
“We sent our Messengers with evidences and revealed the Book and the balance through them so as to establish justice among people” – 57:25 Holy Quran.
The Quranic standards of Justice are objective and irrespective of tribal, racial, national, national or religious backgrounds and differences. There at least fifty- three illustrations in the Holy Quran where people are addressed to be just to others at all levels, in personal or public affairs, in words and conducts, with friends or foes, Muslim or non-Muslim, all must be treated in fairness and with justice.
“O believers! Stand out firmly for justice as witnesses to God, even if it be against yourself, your parents and relatives and whether it be against rich or poor.” – 4:135 Holy Quran.
“And when you speak (make sure that you) speak with justice.” – 6:152 Holy Quran.
The Sharia does not only controls legal rights and responsibilities of the Muslim people, but it also provides moral guidance of life and human activity in general. Thus the Sharia is split into two main classifications Ibadat (devotional matters) and mu’amalat (civil transactions).
Ibadat is the rules concerning matters and the relationship between man and God. It is important to note that these religious obligations are directed towards the individual and fall outside the scope of the court’s jurisdiction.
Whereas mu’amalat is concerned with the separation of the Right of God (haqq Allah: which refers to the rights of the community or public rights) and the Right of Man (haqq al-‘abd: which refers to private rights).
Under the umbrella of Ibadat, there are the 5 legal pillars of Sharia: [a] The testimony that there is no god but God and that Mohammed is the Messenger of God (Shahadatayn); [b] The performance of prayer (Salat); [c] The payment of alms-tax (Zakhat): [d] The performance of pilgrimage (Hajj); and finally [e] fasting during the month of Ramadan (Sawm).
Here Islam focuses in instilling qualities of justice, trustworthiness, and righteousness through these acts of devotion (Ibadat). Ibadat are part of educating the believer to refrain from causing harm to others and purifying the mind and heart from corruption, selfishness and over indulgence in material purists.
“Surely prayer keeps one away from indecency and evil, and certainly the remembrance of God s the greatest (form of devotion)” – 29:45 Holy Quran.
Furthermore, performing Salat in congregation enforces the doctrine of unity, equality and solidarity among worshipers. These doctrines are continually present in the rest of the legal pillars; fasting, alms-tax, and the performance of the pilgrimage all teach self disciple, sacrifice, and sensitivity towards others. More importantly, there is a greater emphasis on teaching avoidance of lying, degrading conduct, hypocrisy, oppression and so on.
The Sunnah & Haddith
After the Holy Quran, the next authority of the Sharia is the Sunnah and Haddith. The Sunnah in Arabic is translated to “the trodden path” and is the teachings of Prophet Mohammed which contains the legal, religious and social duties of Islam. The Haddith is the traditions and sayings of the Prophet which was preserved by his closest Companions. The Haddith and Sunnah are both very much intertwined and therefore extremely difficult to separate. The difference between the two is that the Haddith are based on the life of the Prophet Mohammed and therefore makes a biographical basis of Sharia Law. The Sunnah is then the formation of the religious, social and legal obligations initially deriving from the Haddith.
There are several thousand Haddith collections, with al-Bukhari (d. 870) and Muslim ibn al-Hajjaj (d. 875) are considered to be the most reliable Haddith collectors in Sunni Islam who listed around 16,475 Haddith combined (which in their entirety exceeded half a million) . Shia Islam has four official collections of its own.
The main criticism of these collections of Haddiths is that because it has been passed from generation to generation, it could have been transmitted via a defective and interrupted chain of transmitters or it could be well known that the Haddith comes from an unreliable and untrustworthy transmitter and therefore the Haddith can be deemed undependable as a source of law.
Fiqh is defined as a system created in accordance to the principles laid out by revelations and the Prophet’s example. It is a term often used together as equal to Sharia and but not necessarily the same. Where the Sharia comes from mainly divine revelations in the Quran, Sunnah and the Haddith, Fiqh comes from human understanding and knowledge that is developed by legal schools, individual jurists and judges through legal reasoning and issuing a legal verdict (fatwa).
Thus Fiqh is described as “mere superstructure and a practical manifestation of commitment” to the values of morality and faith and as a result created a basic scheme and scale of values in which human conduct could be evaluated: Obligatory (Wajib), Recommended (Mandub), Permissible (Mubah), Reprehensible (Makruh) and Forbidden (Haram). Only the Obligatory and Forbidden categories of the scale are legal and actually derive from the Quran and Sunnah, whereas the other three are non-legal and supplementary to aid believers and promote moral virtues.
Legal Reasoning by Analogy (Qiyas)
Qiyas is the way in which Sunni legal scholars can apply traditional laws that derives from the Quran, Sunnah and Haddith by defining laws from a known ruling to a new ruling. (Shiite scholars on the other hand reject Qiyas as a source of law.) The best example that shows legal reasoning can be shown from the Quranic ruling on the prohibition of wine.
“Wine and games of chance, idols and divining arrows, are abominations devised by Satan. Avoid them, so that you may prosper.” – 5:90 Holy Quran.
From this Quranic verse, we see the legal ruling on the consumption of wine and by analogy, if wine made from grapes are forbidden, then wine made from dates are forbidden as well, as it too can cause intoxication.
We can deduct from this analogy by using the same Quranic verse that the use of narcotics are also illegal as it too can cause intoxication and so on.

Law Enforcement Career

Law enforcement is a challenging career choice that will make a positive difference to society. Law enforcement is a public service supplied to the community by the city, state and federal governments (Funk & Wagnalls New Encyclopedia, 1986). Law enforcement officers are the front line of protection for the public within all of our communities. They protect us twenty four hours a day, everyday in every facet of our lives. Law enforcement is there to keep us safe in our travels as well as where we work and live. This is a very serious profession and at times dangerous but is a field that is absolutely imperative in order to keep society safe. This career is not for everyone. A successful law enforcement officer must have the desire to serve the public. Not many individuals would choose a career that has as one of its requirements having to run towards danger. This goes against all human instinct. Attempting to make the world a better place is very rewarding and noble mission. Those who elect such a career for the right reason of wanting to serve their community are very special individuals. They put their own safety on the line for all of us. There seems little doubt that law enforcement is a dignified career that should have the respect of everyone. For those who have future aspirations in this field, it takes education, hard work, courage and determination to be able to obtain this very rewarding career choice. A police officer can make a real difference in peoples lives. How many careers can make that statement?

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All societies need law enforcement. Law enforcement has existed in the United States since the beginning of European immigration. J. Edgar Hoover famous founder of the Federal Bureau of Investigation once said justice is incidental to law and order. This comment gets to the root of why we have laws and the need to enforce them. Justice will be served when individuals rights and freedoms are protected. Law enforcement means ensuring obedience to laws (Websters New Edition Dictionary, 1997). American colonists brought with them the structure of the office of constable from the European system when they immigrated in the 1700 and 1800s. The first local modern police department established in the United States was the Boston Police Department in 1838, followed by the New York City Police Department in 1845 (Stinchcomb, 2003). As people immigrated to the United States and people moved westward towns and cities were built. The need for protection of the individual was necessary. In time law enforcement was installed in these new territories for without it there would be no civilized society. Law enforcement is a key component of criminal justice system and is necessary for a safe society. A career in law enforcement is something that many people pursue, however not all are suited for the career. My aspiration is to make my community safe from crime and society a better place to live. This has always been my dream. My paternal grandfather was a New York City police officer for nearly 30 years. My respect for him and others who carry on this difficult but truly meaningful work has inspired me.
There are basic requirements that must be met in order to pursue a professional law enforcement career. The first step an individual takes towards becoming a New York City police officer is to take a written civil service examination. The Department of Citywide Administrative Services (DCAS) administers these exams. DCAS is responsible for the actual administration of the exam as well as the compilation of the list of names of individuals who pass the exam. DCAS then provides the New York City Police Department with the list of candidates. The Applicant Processing Division then begins the selection process. The New York City Police Department requires completion of 60 credits of college work with a 2.0 grade point average. Two years of military service can be substituted for the educational requirement. Also required is a medical examination as well as a character background check (New York City Police department, 2011). Once these criteria have been met an individual can be considered for appointment. As far as the rest of the country and other jurisdictions, the educational requirement for a police officer varies state to state. Some require a college degree while others just high school (US Department of Labor, 2010-11 ed.). Successful officers require above average intelligence and good physical conditioning. They should have good interpersonal skills and strong willingness to learn. The police department will thoroughly investigate the background of all candidates prior to appointment to the police academy. Critical to the job is sound character. An applicant is disqualified for a prior conviction of a crime. Previous work experience will allow investigators the chance to obtain a positive reference which will enhance the chances of appointment to the police force.
What can one expect upon appointment to the New York City Police Department? The first five years on the department, an individual is designated as patrolman. Working conditions vary dependent on assignment. Upon graduation from the police academy the rookie officer is assigned to a training officer (Warners, 2011). The new officer was trained in text book cases while at the academy. The training officer is there to indoctrinate the new officer to the day to day work. This will help bolster the new officers experience by leveraging the knowledge of a veteran officer while also building the rookies confidence. Some assignments may be more difficult than others as crime varies in different parts of a city. The work week is 40 hours. The hours of the day worked will vary as there obviously must be 24 hour coverage. Shifts can be 8am to 4pm, 4pm to 12am and 12am to 8am. There may be some variation dependent on a specific assignment. NY City Police officers receive 28 paid days off a year and unlimited sickness time. Medical coverage is part of their compensation. At this present time an officer can retire after 20 years of service with half pay which is exempt from both New York City and New York State taxes. If an officer is permanently injured on the job they will receive three quarters pay exempt from all taxes including federal taxes. Police and Sheriffs patrol officers had a medium annual wages of $51,410 in May 2008. Police and detective supervisors medium income was $75,490 in May 2008 (US Department of Labor, 2010-11 ed) New York City police department salaries begin at $41,000 and will increase up to $60,000 within the first five years (New York City Police Department, 2011). Emotional stress is a great problem. For the patrolman working the street no two days may be alike. Police officers experience physical stress with working shift work as well as facing physical danger. This stress not only impacts the officer, but also affects their family. Many married officers get divorced. Managing the stress of job and family pressure is important to the officers mental well being. Severe stress has been shown to adversely affect an officers health, From a management view this will lead to absenteeism which in turn leads to decreased productivity. (Tang and Hammontree, (1992). Critical to the individual candidate for a law enforcement position is the ability to mitigate stress via the police department counseling programs as well as through outside interests. Also the candidate must understand their own self with regard to anxiety and how they deal with it. There is a broad range of ethnic diversity on the New York City Police force. In addition there is broad diversity in the community. Officers are constantly being evaluated by their supervision. The entire department is constantly being monitored by the civilian review board as well all the media that covers police activity daily.
As with any career choice there are both advantages and disadvantages with a law enforcement career. The advantage of the New York City Police Department is the ability to take and pass written examinations all the way up to the captains designation. The onus is on the individual to be motivated to prepare and pass these written examinations. A disadvantage is being subjected to New York City fiscal constraints which will impact pay scales along with other benefits. This is mitigated by the collective bargaining by the police union which generally has the police officers best interests in mind. There is a solid employment future as the city will always require law enforcement. Ideal career path is police officer for 5 years, then take the sergeants exam. A sergeant must wait 3 years prior to testing for lieutenant and then 2 years prior captains test. There are many specialties within the police department. There is the K-9 unit, detective, narcotics, scuba, aviation, marine, mounted horse division and various others. One of particular interest is forensics or the application of scientific analysis in process of criminal investigation (Websters New Edition Dictionary, 1997). The captain is the highest tested position before political appointments to inspector. Constant training and study in all of the police department rules and regulations as well as in human behavior is the best path to advancement. As previously discussed physical and mental stress can wear down the individual. Overall opportunities in local police departments will be favorable for individuals who meet the psychological, personal, and physical qualifications. In addition to openings from employment growth, many openings will be created by the need to replace workers who retire and those who leave local agencies for Federal jobs and private-sector security jobs. Jobs in local police departments that offer relatively low salaries, or those in urban communities in which the crime rate is relatively high, may be the easiest to get. Some smaller departments may have fewer opportunities as budgets limit the ability to hire additional officers. Bilingual applicants with military experience or college training in police science will have the best opportunities in local and State department (US Department of Labor, 2010-2011 ed.).
Law enforcement is a challenging career choice that will make a positive difference to a society. A police officer is entrusted with enormous power. No other government official has the same breadth of authority (Baker, 2006). A police officer is true public servant who must exhibit compassion, courage, sound judgment and constant alertness. Few professions have such an opportunity to help people so directly (Baker, 2006). A career in law enforcement would be very challenging as well as personally rewarding. I believe that I am well suited for a career in law enforcement. I am interested in helping others. Such a career can make a real difference to society. My personal temperament is generally understanding and I enjoy being out in the community. In order to attain my goal I must become college educated. I must prepare to the best of my ability for the rigors both physically and mentally of a law enforcement career.

Law Enforcement within the Justice System

Law Enforcement within the Justice System


 This paper will be discussing law enforcement as a whole and the problems that have been recently arising within the law enforcement community. There will be studies referenced in this paper to support the claim that law enforcement slacks on the number of training hours they are given and how these lack of hours in the classroom are very noticeable when it comes to difficult situations where they lose their composure. There will also be another study referenced to how people of color feel about law enforcement and their assertiveness compared to Caucasians and how that study varied amongst diverseness in communities. Along with problems being pointed out, solutions will also be given as to what law enforcement can do to improve these weak spots that they have amongst certain races and within their training programs.

Keywords: law enforcement, people of color, trainings

Law Enforcement within the Justice System

Throughout history law enforcement has had events where positive and negative changes have occurred within both the agency and within the community. Since the early 1900s, law enforcement has been a piece of our society that is here to enforce laws and protect the citizens of our country (Ferreira, 1996). Even with the day to day duties of law enforcement the primary goal has never changed, to serve and protect citizens of the United States from harm and danger. With this task to protect the citizens they are faced with dangers every day to complete these task to the best of their ability. Overall law enforcement agencies do tend to provide protection effectively but fall short due to the fact that there is an image that is portrayed by the public. People view those within law enforcement as enemies whose main priority is to dominate and harm the people that they are supposed to be protecting.

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The reality is even though law enforcement has the wrong way of going about situations they are people who are designed to protect the public and administer a specific amount of force. People obviously have to be better informed about the steps law enforcement takes and the reasoning as to why they might take certain actions in specific situations. Today, in society law enforcement is being involved in more hazardous situations which alters the amount of force that needs to be used with a civilian or suspect in order for them to protect themselves. This force can be limited to physical force, persuasion, or intimidation; making a split decision is crucial when it comes to choosing what course of action best suits the situation (Nickel, 2015). This use of excessive force is obviously easy to misuse so this puts citizens in the position of feeling uncomfortable in the presence of law enforcement officers; particular actions of course have to be made because if law enforcement goes and treats even the pettiest things as if they are just that there’s a possibility that their superiors will chastise them. The main problem that’s being addressed is what is the limit and under what circumstance should police use force (Congress, 2003)? Answering this question can help guide police when they have to exert force on people.

When it comes to knowing the amount of force to use this goes back to the training that law enforcement has to endure. Previous studies have been conducted to prove that in present day this issue of overusing force begins with the lack of policing training (Reaves, 2016). This lack of training has been going on since 1977, where there was another study that was conducted by the International Association of Chiefs of Police (IACP) where it was estimated that the average time of formal training that a police officer was receiving was under 200 hours compared to reports by The National Advisory Commission that physicians were required to receive 11,000 hours; lawyers 9,000; teachers 7,000; embalmers 5,000; and barbers 4,000 it isn’t being understood where a career that puts people’s lives in their hands has completed less than 200 hours (National Criminal Justice Reference Service, 1978). Understandably is this study was conducted almost 40 years ago, so a study was recently conducted by the Bureau of Justice Statistics stating that in 2009 the average basic classroom training was 761 hours. The topic that received the most attention during this classroom training happened to be firearm training which took up about 60 hours, self-defense averaged at 51 hours and, patrolling procedures was tied with investigation and emergency vehicle operations and took an average of 40 hours (Reaves, 2009). As a society we build police forces in order to maintain order and justice within our various population groups. That’s why each city and state has formed their own departments or hired groups to regulate their people.

Now how these police officers are being trained to treat these civilians fall heavily upon the supervisor of the police force. It is taught that those in law enforcement are supposed to be moral and ethical individuals that, as a society, we should be striving to act like. The first step that needs to be implemented is making sure that everyone around the state is receiving the same trainings and the that they these trainings are being taught more than just 200 hours. If the training hours increase and the topics are broader and explained to a better understanding then possibly that would help with much of the resentment towards police because instead of reacting irrationally, they would have been taught how to handle multiple situations and those they could be similar to them. To make things more equal all around, those that have already been in these shortly hour trainings should be retrained; officers, deputies, sheriffs, etc.

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As stated earlier, most citizens look at law enforcement as a source of protection and service while others view law enforcement with suspicion and distrust (Horowitz, 2016). Those that usually look at law enforcement negatively are those who are profiled as minorities. About 58% of Americans states that they feel as if the criminal justice system fails to treat all individuals equally. This includes 45% of people who believe the system gives preference, or special treatment, to those who are white Americans, while the 13% of people think the system treats black and Hispanic Americans better (Ekins, 2016). In a 2015 nationwide poll was conducted to unravel the following findings; violence against civilians by police officers is an extremely serious problem according to nearly three-quarters of blacks and less than 20 percent of whites (Swanson, n.d.), a significant amount of black’s state that they feel police are too quick to use deadly force and are more likely to use it against a person of color while whites stated that the police officers typically used deadly force only when it was necessary and that race wasn’t a factor when deciding to use forceful actions (Swanson, n.d.).

It’s of course been a national issue when it comes to discrimination within law enforcement. More than half of black Americans have reported being treated unfairly by a person within law enforcement because of their race (Swanson, n.d.). The bad experiences that are happening with these people of color is what has been shaping their views of law enforcement and causing a strong bitterness towards those in the blue uniform. The disconnect that the residents have with law enforcement usually depends on the area that they are living. In a survey it was understood that 33% of Caucasians who live in a more diverse area feel that their police treat and are more likely to use deadly force against a black person compared to the 21% of whites who live in a less diverse area, but even in those less diverse area its stated that the police in their community treat those of minority groups more roughly (Swanson, n.d.). This is also the same when looking at blacks within a more diverse community, with of course those living in a more diversely black neighborhood having a more negative view of law enforcement (Swanson, n.d.). Police rely on the cooperation of community to provide information about crime in their neighborhoods, and to work with the police to devise solutions to crime and disorder problems, if that’s not being done then there is no crime being stopped. Similarly, the community’s willingness to trust the police depends on whether they believe that police actions reflect the community values and incorporate the values of justice and legitimacy (Community Relations Services, 2015).

A solution that could easily fix this problem is the extinction of discrimination, but since that isn’t an easy task the next best thing to do is to improve the connection within the black community and law enforcement. According to Cole and Smith connections between law enforcement and community are important because it makes the people feel safer when they know that the police are there for their protection. Being closely connected will possibly help reduce hostility that has developed between the officers and the residents in many areas (2018). If police and community connection improve many problems would be nonexistent, or even fixed when needed. Taking a step further limiting the number of cars driving through the neighbors and encouraging biking through the neighborhood so that the officers actually become known to the citizens and in return they will choose to cooperate with the police (Cole & Smith, 2018).

Even though all officers don’t engage in the misconduct, it raises questions as to which police are trustworthy enough to control the public without initial abuse. Another major problem is the corruption of power that many officers tend to have (Cole & Smith, 2018). This could be resolved if those who abuse their power be treated with the same way as a regular on the street disobeying the law, this too would make a huge improvement on the level of trust that people have with police officers. In the end, if all police officers would adhere to the code and regulations that they signed up to follow I feel that there would be no question on the loyalty and equality of police, but since there has been a couple of bad apples to taint the name of the good police officers and nothing being done the public is of course not going to trust the police. There’s no reason to if no punishment is being provided to the police who disregarded the laws that he too is supposed to be following.

Throughout all of these studies it can be understood that police are obviously not receiving the required amount of training that they need to be suitable to deal with the crimes that are constantly arising. The lack of training compared to those of other careers shouldn’t be as low as they are especially with the fact that these law enforcement officers have the lives of civilians in their hands and sometimes take that as an advantage. The most logical thing to do in order for civilians to feel safe in the hands of law enforcement is to of course increase the hours of trainings to make sure that these officers are getting the required training, with this required training they should be taught how to handle situations the best way possible this decrease the public mentality that officers are using their power as ways to harm and dominate the population. Creating an image to make officers less threatening in the public eye when it comes to certain situations would also be a great step to having the public feeling more open and dependent on law enforcement instead of resenting them because of their misuse of force. Having law enforcement be approachable, especially in black communities, yet still having a stern hold on the situation instead of losing their composure would be a lesson that could be taught in these training classes; the loss of composure is what causes these unnecessary deaths and shootings that are becoming more of an occurrence all over the United States, which is also causing the public to no longer respect and have more of a fear of police.


C. (2015). Importance of Police-Community Relationships and Resources for Further Reading. Retrieved February 13, 2019, from https://www.justice.gov/crs/file/836486/download

Cole, G. F., Smith, C. E., & DeJong, C. (2016). Criminal Justice in America (9th ed.). Cengage Learning.

Congress, N. J. (2003, October 03). Principles of Good Policing: Avoiding Violence Between Police and Citizens. Retrieved February 11, 2019, from https://www.justice.gov/archive/crs/pubs/principlesofgoodpolicingfinal092003.htm

Ekins, E. (2016, December 07). Policing in America: Understanding Public Attitudes Toward the Police. Results from a National Survey. Retrieved February 13, 2019, from https://www.cato.org/survey-reports/policing-america

Ferreira, B. R. (1996). THE USE AND EFFECTIVENESS OF COMMUNITY POLICING IN A DEMOCRACY. Retrieved February 11, 2019, from https://www.ncjrs.gov/policing/use139.htm

Horowitz, J. (2016, July 14). Race, Trust and Police Legitimacy. Retrieved February 13, 2019, from https://nij.gov/topics/law-enforcement/legitimacy/pages/welcome.aspx

Nickel, O. (2015). Critical Factors in Police Use-of-Force Decisions. Retrieved February 11, 2019, from https://scholarworks.waldenu.edu/cgi/viewcontent.cgi?article=2269&context=dissertations

N. (1978, November). Police Job-Task Analysis: An Overview. Retrieved February 11, 2019, from https://www.ncjrs.gov/pdffiles1/Digitization/143484NCJRS.pdf

Reaves, B. A. (2016, July). State and Local Law Enforcement Training Academies, 2013. Retrieved February 11, 2019, from https://www.bjs.gov/content/pub/pdf/slleta13.pdf

Swanson, E. (n.d.). Law Enforcement and Violence: The Divide between Black and White Americans. Retrieved February 13, 2019, from http://www.apnorc.org/projects/Pages/HTML Reports/law-enforcement-and-violence-the-divide-between-black-and-white-americans0803-9759.aspx

Examining The Concept Of Hindu Law Religion Essay

The phrase “source of law” has several connotations. It may be the authority which issues rules of conduct which are recognized by Courts as binding. In this context, ‘source of law’ means ‘the maker of law’. It may mean the social conditions which inspires the making of law for the governance of the conditions. In this context it means ’cause of law’. It may also mean in its literal sense the material from which the rules and laws are known. In this sense the expression means the ‘evidence of law’ and it is in this sense that the expression ‘source of law’ is accepted in Jurisprudence.

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Vijnaneshwar (commentator on the Yajnavalkya Smriti and founder of Mitakshara School) has called it Jnapak Hetu i.e., the means of knowing law. It is important to study the sources of law because in every personal legal system only that rule is law which has place in its sources. A rule not laid down or not recognized in the sources is not a rule in that legal system.
The word ‘Hindu’ first appeared in the Old Persian language which was derived from the Sanskrit word Sindhu, the historic local designation for the Indus River in the north-western part of the Indian subcontinent. A Hindu is an adherent of Hinduism.
Hindu law is a set of personal laws governing the social conditions of Hindus (such as marriage and divorce, adoption, inheritance, minority and guardianship, family matters, etc.). It is not Hindus alone who must follow Hindu law but there are several other communities and religious denominations that are subject to its dominion such as Jains, Buddhists, Sikhs, Brahmo-Samajists, Prarthana-Samajists, the Virashaivas and Lingayats and the Santhals of Chhota Nagpur besides others.
In Sir Dinshah F.Mulla’s ‘Principles of Hindu Law’, the learned editor has defined ‘Hindu law’ in the following words: “Wherever the laws of India admit operation of a personal law, the rights and obligations of a Hindu are determined by Hindu law, i.e. his traditional law, sometimes called the law of his religion, subject to the exception that any part of that law may be modified or abrogated by statute.” Law as understood by Hindus is a branch of dharma.
Nature and scope: In the article project, the scope will be restricted to finding out the sources of Hindu law, and critique on some of the definitional aspects of the sources and a general critique of the sources.
Sources of Hindu Law
The sources of Hindu law can be classified under the following two heads:
Ancient Sources
Under this would come the following:
Digests and Commentaries and
Modern Sources
Under this head would come:
Justice, equity and good conscience
Precedent, and
Ancient Sources
It literally means that which has been heard. The word is derived from the root “shru” which means ‘to hear’. In theory, it is the primary and paramount source of Hindu law and is believed to be the language of the divine revelation through the sages.
The synonym of shruti is veda. It is derived from the root “vid” meaning ‘to know’. The term Veda is based on the tradition that they are the repository of all knowledge. There are four Vedas namely, Rig Veda (containing hymns in Sanskrit to be recited by the chief priest), Yajurva Veda (containing formulas to be recited by the officiating priest), Sama Veda (containing verses to be chanted by seers) and Atharva Veda (containing a collection of spells and incantations, stories, predictions, apotropaic charms and some speculative hymns).
Each Veda has three parts viz. Sanhita (which consists mainly of the hymns), Brahmin (tells us our duties and means of performing them) and Upanishad (containing the essence of these duties). The shrutis include the Vedas along with their components.
The word Smriti is derived from the root “smri” meaning ‘to remember’. Traditionally, Smritis contain those portions of the Shrutis which the sages forgot in their original form and the idea whereby they wrote in their own language with the help of their memory. Thus, the basis of the Smritis is Shrutis but they are human works.
There are two kinds of Smritis viz. Dharmasutras and Dharmashastras. Their subject matter is almost the same. The difference is that the Dharmasutras are written in prose, in short maxims (Sutras) and the Dharmashastras are composed in poetry (Shlokas). However, occasionally, we find Shlokas in Dharmasutras and Sutras in the Dharmashastras. In a narrow sense, the word Smriti is used to denote the poetical Dharmashastras.
The number of Smriti writers is almost impossible to determine but some of the noted Smriti writers enumerated by Yajnavalkya (sage from Mithila and a major figure in the Upanishads) are Manu, Atri, Vishnu, Harita, Yajnavalkya, Yama, Katyayana, Brihaspati, Parashar, Vyas, Shankh, Daksha, Gautama, Shatatapa, Vasishtha, etc.
The rules laid down in Smritis can be divided into three categories viz. Achar (relating to morality), Vyavahar (signifying procedural and substantive rules which the King or the State applied for settling disputes in the adjudication of justice) and Prayaschit (signifying the penal provision for commission of a wrong).
Digests and Commentaries-
After Shrutis came the era of commentators and digests. Commentaries (Tika or Bhashya) and Digests (Nibandhs) covered a period of more than thousand years from 7th century to 1800 A.D. In the first part of the period most of the commentaries were written on the Smritis but in the later period the works were in the nature of digests containing a synthesis of the various Smritis and explaining and reconciling the various contradictions.
The evolution of the different schools of Hindu law has been possible on account of the different commentaries that were written by various authorities. The original source of Hindu law was the same for all Hindus. But schools of Hindu law arose as the people chose to adhere to one or the other school for different reasons. The Dayabhaga and Mitakshara are the two major schools of Hindu law. The Dayabhaga school of law is based on the commentaries of Jimutvahana (author of Dayabhaga which is the digest of all Codes) and the Mitakshara is based on the commentaries written by Vijnaneswar on the Code of Yajnavalkya.
Custom is regarded as the third source of Hindu law. From the earliest period custom (‘achara’) is regarded as the highest ‘dharma’. As defined by the Judicial Committee custom signifies a rule which in a particular family or in a particular class or district has from long usage obtained the force of law.
Custom is a principle source and its position is next to the Shrutis and Smritis but usage of custom prevails over the Smritis. It is superior to written law. There are certain characteristics which need to be fulfilled for declaring custom to be a valid one. They are:-
The custom must be ancient. The particular usage must have been practised for a long time and accepted by common consent as a governing rule of a particular society.
The custom must be certain and should be free from any sort of ambiguity. It must also be free from technicalities.
The custom must be reasonable and not against any existing law. It must not be immoral or against any public policy and
The custom must have been continuously and uniformly followed for a long time.
Indian Courts recognize three types of customs viz: (a) Local custom – these are customs recognised by Courts to have been prevalent in a particular region or locality. (b) Class custom – these are customs which are acted upon by a particular class. Eg. There is a custom among a class of Vaishyas to the effect that desertion or abandonment of the wife by the husband abrogates the marriage and the wife is free to marry again during the life-time of the husband. (c) Family custom – these are customs which are binding upon the members of a family. Eg. There is a custom in families of ancient India that the eldest male member of the family shall inherit the estates.
Modern Sources
Justice, equity and good conscience-
Occasionally it might happen that a dispute comes before a Court which cannot be settled by the application of any existing rule in any of the sources available. Such a situation may be rare but it is possible because not every kind of fact situation which arises can have a corresponding law governing it.
The Courts cannot refuse to the settle the dispute in the absence of law and they are under an obligation to decide such a case also. For determining such cases, the Courts rely upon the basic values, norms and standards of fairplay and propriety.
In terminology, this is known as principles of justice, equity and good conscience. They may also be termed as Natural law. This principle in our country has enjoyed the status of a source of law since the 18th century when the British administration made it clear that in the absence of a rule, the above principle shall be applied.
Legislations are Acts of Parliament which have been playing a profound role in the formation of Hindu law. After India achieved independence, some important aspects of Hindu Law have been codified. Few examples of important Statutes are The Hindu Marriage Act, 1955, The Hindu Adoptions and Maintenance Act, 1956, The Hindu Succession Act, 1956, The Hindu Minority and Guardianship Act, 1956, etc.
After codification, any point dealt with by the codified law is final. The enactment overrides all prior law, whether based on custom or otherwise unless an express saving is provided for in the enactment itself. In matters not specifically covered by the codified law, the old textual law contains to have application.
After the establishment of British rule, the hierarchy of Courts was established. The doctrine of precedent based on the principle of treating like cases alike was established. Today, the decisions of Privy Council are binding on all the lower Courts in India except where they have been modified or altered by the Supreme Court whose decisions are binding on all the Courts except for itself.
A Critique on the Sources
It is significant to note that the term ‘Hindu’ is not defined anywhere in terms of religion or in any statute or judicial decisions. For the purpose of determining to whom Hindu Law applies, it is necessary to know who is a Hindu and none of the sources expressly state so. At most from statutes, we can get a negative definition of a Hindu which states that Hindu law shall apply to those who are not Muslim, Christian, Parsi, Jew, etc. and who are not governed by any other law.
Hindu Law is considered to be divine law as it is strongly believed that the sages had attained some spiritual dominion and they could communicate directly with God form whom we get the divine law. But this is only an assumption and no concrete proof for the same is shown that the sages could communicate with God (whose very existence is challenged by atheists). Due to this, many communities are also suffering from the misapprehension or delusion that their forefathers and messiahs had revelations from God.
Justice A.M.Bhattacharjee strongly states that according to him he cannot think that “even a staunch believer in any divine existence, transcendent or immanent, can believe in the ‘divine origin’ of Hindu law, unless he has a motive behind such profession of belief or has not read the Smritis or is ready to believe anything and everything with slavish infidelity.”
According to Justice Markandey Katju, Hindu law does not originate from the Vedas (also called Shruti). He vehemently asserts that there are many who propound that Hindu law originated from the Shrutis but this is a fiction and in fact Hindu law originated from the Smriti books which contained writings from Sanskrit scholars in ancient time who had specialized in law.
The Shrutis hardly consist of any law and the writings ordained in the Smriti do not make any clear-cut distinction between rules of law and rules of morality or religion. In most of the manuscripts, the ethical, moral and legal principles are woven into one. It is perhaps for this reason that according to Hindu tradition, law did not mean only in the Austinian sense of jurisprudence and is objectionable to it; and the word used in place of ‘law’ was the Sanskrit word ‘dharma’ which connotes religion as well as duty.
Although Dharmasutras dealt with law, they did not provide an anthology of law dealing with all the branches of law. The Manusmriti supplied a much needed legal exposition which could be a compendium of law. But according to Kane, “It is almost impossible to say who composed the Manusmriti.” The very existence of Manu is regarded to be a myth by many and he is termed as a mythological character.
Many critics assert that the word Smriti itself means that what is remembered and therefore the validity or proof of the existing Smritis could be challenged. It cannot be said for certainty that what the sages remembered was actually what was propounded.
Hindu law has generally been critiqued on the grounds that the Smritis and other customs were generally extremely orthodox and against the favours of women. Hindu society thus has always been a patriarchal society and women have always received subdued importance over men. Some also disapprove of the notions of caste-based system created by ancient Hindu law from which emerged the ill-perceived practices of untouchability, etc.
The Smritis are admitted to possess independent authority but while their authority is beyond dispute, their meanings are open to various interpretations and has been and is the subject of much dispute. Till date, no one can say for sure the exact amount of Smritis which exist under Hindu law. It is due to the abovementioned problems that the digest and commentaries were established and various schools of Hindu law started to give birth.
The modern sources of Hindu law such as Justice, equity and good conscience have been critiqued on the grounds that it paves the way for personal opinions and beliefs of judges to be made into law. We have seen catena of cases where the decisions of the Court have been criticised for want of proper reasoning. This also signifies the incompleteness of the laws which exist.
The Supreme Court in most matters has ascertained the rules of Hindu law successfully but there are couple of cases where they have interpreted the rules in their own light. One of the gravest cases of the Supreme Court which deserves much criticism is the case of Krishna Singh v. Mathura Ahir. The Allahabad High Court had rightly held that the discriminatory ban imposed on the Sudras by the Smritis stands abrogated as it contravenes the Fundamental Rights guaranteed by the Constitution.
However, the Supreme Court contradicted the above view and held that “Part III of the Constitution does not touch upon the personal laws of the parties. In applying the personal laws of the parties one cannot introduce his own concepts of modern times but should enforce the law as derived from recognised and authoritative sources of Hindu law….except where such law is altered by any usage or custom or is modified or abrogated by statute.”
It can be submitted with ease that the above view is contrary to all Constitutional theories and is expressly in contradiction with Article 13. It is shocking to note that this judgment is yet to be over-ruled in express terms.
Since the aegis of time, Hindu law has been reformed and modified to some extent through legislations but these reforms have been half-hearted and fragmentary. The problem with fragmentary reforms is that though reforms were made to change some aspects, their implications on other aspects were over-looked. For example, the Hindu Women’s Right to Property Act, 1937, was passed with a view to granting property rights to women but its repercussions on the law of joint family was over-looked. The result was that fragmentary reforms through legislations solved some problems but resulted in others.
Many people make the mistake of considering various text books written by erudite scholars as sources of Hindu law. This is because the Courts have decided many cases relying on these text books and quoted them for reference. For example, Mulla’s Hindu Law has been quoted by many judges. In Bishundeo v. Seogani Rai, Justice Bose giving the majority judgment stated that “The rule laid down in Mulla’s book is expressly stated to be in cases where the position is not effected by a decree of a competent Court.” The same has been the case with many other text books. It should be made clear that text books are not sources of Hindu law and the authors have no authority to lay down the law.
It has been seen that Hindu law has been critiqued for its orthodoxy, patriarchal character and does not bear a very modern outlook of society. There are many areas where the Hindu law needs to upgrade itself, for example, the irretrievable breakdown theory as a valid ground for divorce is still not recognised under the Hindu Marriage Act, 1955, and even the of Supreme Court have expressed their concern on this.
The most valid concern is that the very definition of a ‘Hindu’ is still not given in any of the sources. Statutes give only a negative definition which does not suffice the test of time. The very proponent that Hindu law is divine law has been challenged by scholars and atheists.
There are many Smritis which are yet to be found according to Historians and many conflicts of opinions and interpretations have arisen for the existing ones, thus creating a window of ambiguity under Hindu law. There are also several areas where Hindu law is silent.
Most of the ancient sources of Hindu law is written in Sanskrit and it is well known that in the present times there is a dearth of Sanskrit scholars. There is hardly any importance left of the ancient sources since the time the modern sources have emerged and been followed.
It can be said that proper codification of Hindu law without room for ambiguity is the need of the hour. It can be said that where the present sources of Hindu law are uninviting the Legislature could look into sources and customs of other religions and incorporate them into Hindu law if it caters to the need of the society and meets the test of time.

Natural Law Essay

The theory of Natural Law was put forward by Aristotle but championed by Aquinas (1225-74).   It is a deductive theory – it starts with basic principles, and from these the right course of action in a particular situation can be deduced.   It is deontological, looking at the intent behind an action and the nature of the act itself, not its outcomes.
Traditional natural law is based on value judgements, which emanate from some absolute source e.g. God’s revealed word. However the term “natural law” lacks a precise definition, and there is “very little agreement, even among experts or proponents of natural law theory about its application to specific, complex, moral, or legal issues”.  
The unwritten body of universal moral principles that underlie the ethical and legal norms by which human conduct is sometimes evaluated and governed. Natural law is often contrasted with positive law, which consists of the written rules and regulations enacted by government. The term natural law is derived from the Roman term jus naturale. Adherents to natural law philosophy are known as naturalists.

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The major opponent to legal positivism as a conception of the nature of law goes by the label “natural law theory.” “Natural law theory” is probably not the best name for this view – it’s a bit of a historical accident that this view in the philosophy of law came to have this name – but it is the traditional label.  And I will not try to displace it here. Aquinas says that the principles of practical rationality-that is, those principles that tell us how to act reasonably-both are God’s law for our conduct and are knowledgeable by nature, even apart from special divine revelation. So the principles of practical rationality are both law and natural, and hence are natural law. Because Aquinas says that human law must be in accordance with reason and he sometimes says that human law must be in accordance with reason and he sometimes says that human law must be in accordance with natural law. The label is unfortunate because there are some writers who believe that the principles of rationality or morality place a constraint on legality, but who do not believe that these principles of law rationality or morality are God-given law. These writers are called natural law theorists even though they do not, strictly speaking, believe in natural law.
There are important objections to be made to Aquinas’s theory of natural law. O’ Connor rightly identifies the main one: Aquinas fails to explain ‘just how the specific moral rules which we need to guide out conduct can be shown to be connected with allegedly self-evident principles’.  But the objection that Aquinas’s account of natural law purposes an illicit inference from ‘is’ to ‘ought’ is quite unjustified.
What are the principles of natural law?
There is a set of basic practical principles which indicate the basic forms of human flourishing as goods to be pursued and realized, and which are in one way or another used by everyone who considers what to do, however unsound his conclusions; and a set of basic methodological requirements of practical reasonableness (itself one of the basic forms of human flourishing) which distinguish sound from unsound practical thinking and which, when all brought to bear, provide the criteria for distinguishing between acts that (always or in particular circumstances) are reasonable-all-things-considered (and not merely relative-to-a-particular purpose) and acts that a reasonable-all-things-considered, i.e. between ways of acting that are morally right or morally wrong-thus enabling one to formulate a set of general moral standards.  
Naturalists believe that natural law principles are an inherent part of nature and exist regardless of whether government recognizes or enforces them. Naturalists further believe that governments must incorporate natural law principles into their legal systems before justice can be achieved. There are three schools of natural law theory: divine natural law, secular natural law, and historical natural law.
Divine natural law represents the system of principles believed to have been revealed or inspired by God or some other supreme and supernatural being. These divine principles are typically reflected by authoritative religious writings such as Scripture. Secular natural law represents the system of principles derived from the physical, biological, and behavioural laws of nature as perceived by the human intellect and elaborated through reason. Historical natural law represents the system of principles that has evolved over time through the slow accretion of custom, tradition, and experience. Each school of natural law influenced the Founding Fathers during the nascent years of U.S. law in the eighteenth century and continue to influence the decision-making process of state and federal courts today.
Religious studies are flourishing again. Most scholars were convinced that religion definitely belonged to the past and were of interest only to a tiny group of specialists. Today religious studies are pursued by a host of people in a range of departments. Because of the relevance of cultural issues to the contemporary world, religions have moved from the periphery to the very centre of public and academic concern. Their startling resurgence has given rise to the growing number of studies that explore this phenomenon in fresh, new ways.  Among the many publications that have appeared recently, I would like to draw attention to a volume edited by Mark C. Taylor, which appeared in 1998. Entitled Critical Terms for Religious Studies.  It describes the field in terms of 22 notions some of them old acquaintances, others new comers – from ‘belief’ to ‘writing’. Each article analyses the theoretical value of one of these notions, examining it in a particular “religious traditions”.  Another volume that appeared recently Guide to the study of Religion  likewise explores such notions as ‘classifications’, ‘comparison’, and ‘gender’ – 31 notions in all. Examining the concepts in the two volumes. I was struck by the absence of both ‘history’ and ‘tradition’ from each; ironically, only ‘modernity’ has survived. As it happens, though, the essay on ‘modernity’ by Gustavo Benavides in Critical Terms is not a bad substitute for the ‘two missing’.  
In Ireland at present there is certain unease in an increasingly secular culture in relation to its linkages with religion and the law of god. Quinn has also stated that as “natural law drew the judiciary into novel fields, and as secularisation broke down the old conventions revealing deep divisions over first principles, it became harder to credibly assert that there was “one right way” and that the courts were uniquely positioned to identify it”  
Despite the problems associated with a disenchanted secular society, there is also the added problem of ascertaining what natural law actually means. It is submitted that, “a feature of most of the judicial references to “natural law” or “natural rights” under the Constitution is that they assume that there is a general consensus about the identity of the natural law. However, the concept of “natural rights” has a variety of meanings”  
The use of natural law is problematic because in fact there is no general consensus about the identity of the political, moral, judicial and theological theory being named, and there is no guarantee either that the constitution will in some sense benefit by relying on such a theory. Hogan and Kelly have also stated that, “Judicial invocation of such an un-distilled concept of natural law in the context of review presents the obvious danger that invalidation of legislation passed by the Oireachtas might not always be seen to be based on objective, ascertainable criteria”  
The difficulty of interpreting the natural law
One of the issues often highlighted by opponents of the use of natural law is that it is ambiguous and consequently very difficult to interpret. Von Prondzynski notes, “There is a general aversion among lawyers at having to deal with something they cannot immediately define.”  The difficulties with the use of natural law cannot be denied. It has been argued, “there are two entirely different kinds of natural law theories”  , one secular and one based on religion. Murphy also noted that, while the state may be Christian, this does little to help define natural law as Christian groupings “fundamentally disagree as to what the divine law actually is.”  
However, this difficulty is not insuperable and should not be treated as so. It is clear from the constitution and from judicial decisions such as that of Justice Kenny in the Ryan case, that a Christian type of natural law is advocated rather than a secular natural law theory. The issue of what exactly this means and how it can be applied to complex cases is more difficult to resolve. Von Prondzynski believes that “natural law in its legal sense, as seen by the Constitution has nothing whatever to do with the imposition on us all of a concise set of religious rules as propounded by the Churches.”  
The difficulties of natural law interpretation could be considerably reduced by the construction of some form of guidelines for the judiciary to use. These would help the judiciary to define the natural law and to interpret it accordingly.
It is submitted that the use of natural law by the judiciary in the 1950’s and 1960’s was less contentious owing to the nature of society that existed at the time. Ireland during this period in history was relatively homogeneous in terms of its core values, and as such doing the “right thing” was not necessarily perceived as being undemocratic when everyone knew what the “right thing” was.
In Ireland at present there is certain unease in an increasingly secular culture in relation to its linkages with religion and the law of god. Quinn has also stated that as “natural law drew the judiciary into novel fields, and as secularisation broke down the old conventions revealing deep divisions over first principles, it became harder to credibly assert that there was “one right way” and that the courts were uniquely positioned to identify it”.  
Despite the problems associated with a disenchanted secular society, there is also the added problem of ascertaining what natural law actually means. It is submitted that, “a feature of most of the judicial references to “natural law” or “natural rights” under the Constitution is that they assume that there is a general consensus about the identity of the natural law. However, the concept of “natural rights” has a variety of meanings”.  
The use of natural law is problematic because in fact there is no general consensus about the identity of the political, moral, judicial and theological theory being named, and there is no guarantee either that the constitution will in some sense benefit by relying on such a theory. Hogan and Kelly have also stated that, “Judicial invocation of such an un-distilled concept of natural law in the context of review presents the obvious danger that invalidation of legislation passed by the Oireachtas might not always be seen to be based on objective, ascertainable criteria”.  
One of the main questions therefore that emerge from the debate regarding the use of natural law is the extent to which natural law can provide guidance to members of the court in deciding constitutional issues. It can be taken for granted that in a parliamentary democracy the judicial review procedure as provided for in the constitution is necessary to defend the rights of individuals. Therefore inevitably the burden of defending the rights of individuals against oppressive legislation falls in part, on members of the court.  Thus while defending the rights of individuals may be a prerogative of the judiciary, one is forced to ask; Can such a prerogative ever be justified by reference to principles of natural law? And if so can such a right ever be justified in overriding the democratic will of the people? The answer is a clear no!
While there is widespread acceptance that the task of judges is to interpret the Constitution, during this process it is necessary for the judiciary to rely on the text, without reliance on sources from outside the four corners of the Constitution. Whether or not the judiciary should supplement the text cuts to the very heart of what it means to have a written Constitution, enforced by an independent judiciary, in a democratic state. As such the apparent death of natural law should not necessarily be seen as a bad thing if it results in more consistent, truly impartial, reasoned judgments from the judiciary.
Proponents of natural law often argue that the use of natural law “far from being a licence for unlimited government and a roving judiciary, natural rights and natural law arguments are the best defence of liberty and of limited government”.  However despite such sentiments, the decision in Re Information  , like all previous Article 26 references will not be overturned. What the decision in Re Information makes clear is that natural law cannot be relied upon to invalidate any explicit provision of the Constitution, however it is also suggested that it does not address what residual role natural law plays in the constitutional order.  
It would appear therefore that a deep fissure exists between concepts of popular sovereignty and natural law. When “push comes to shove” the Irish judiciary have preferred the former to the latter. Therefore the politics of normative choice through the democratic process is open and not bounded by fixed notions of natural law.  

The Future of the Natural Law in Irish Constitutional Jurisprudence: Is Natural Law Dead?

The future of natural law in Irish Constitutional jurisprudence is currently far from clear. It would appear from the Supreme Court decisions in recent years that for the foreseeable future natural law will not play a significant role in constitutional jurisprudence.  While the recent demise of natural law has been described as “one of the great tragedies of the bitter debate on abortion”  , it would be wrong to conclude that the Regulation of Information Bill 1995 signalled the death of natural law.  They suggest that the “natural law component remains a significant aid to interpretation,”  although it will remain inferior to the canon of harmonious interpretation. Although not dead, natural law’s place in Irish constitutional jurisprudence has been radically altered. The doctrine now has a reduced significance in constitutional interpretation and a future growth in stature remains unforeseeable. Its application has led to many difficulties. However, the use of natural law is not without benefits and its diminution and potential evisceration by the judiciary may prove detrimental. Natural law was invoked over an extended period to protect the rights of citizens not expressly provided for in the constitution, including the right to bodily integrity, the right to travel, the right to earn a livelihood, the right to privacy and the right of access to the courts. It remains to be seen if the Supreme Court’s decision will prevent the recognition of further unremunerated rights.
Natural law will remain a significant aid in constitutional interpretation, however it is submitted that it will not be as influential as it has been in the past.
In order to be really effective, the natural law must have its first home not in the judiciary, but in the population at large and in a constitutional democracy this means in the populace as represented in legislatures. That legislation and not adjudication should be the primary forum for the application of the natural law seems to have been recognized by no less an authority than St. Thomas Aquinas.  Here it is noteworthy that the application of natural law by Irish judges has largely been in the context of fundamental rights jurisprudence, for it is precisely when the substantive structures and ethos of community begin to break down that legal issues become primarily issues of rights.  So here the debate over natural law may ironically be a 178 Catholic Social Science Review function of the secularization process itself and suggests the larger question of the extent to which cultural problems lend themselves to judicial answers. Is it a coincidence that the increase in the activity of constitutional courts in the realm of personal rights, an increase which visible on a global scale, is taking place in a time of increasing secularization and cultural dislocation?  
Why is it that the natural law doctrine, despite its flaws and inconsistencies, has had such an influence in the history of European thought? Kelsens’ answer is that natural law ‘satisfies a deeply-rooted need of the human mind, the need for justification. To justify the subjective value judgements which emerge from the emotional element of his consciousness, man tries to present them as objective principles by transferring to them the dignity of truth, to make them propositions of the same order as statements about reality. Hence he pretends to deduce them from reality, which implies that value is imminent in reality’.  This has a comforting corollary: belief in natural law enables a person to obey a civil law, not because he is compelled to do so by the civil power, but because of the law’s intrinsic value. But, as we have learned, at the heart of Kelsons’s argument lies the contention that value is not imminent in reality. Natural law nevertheless strikes a chord with a long-lasting and deep-seated need felt by mankind – the need for certainty, for the existence of truths that are absolute and unchanging.  
For writers down the ages it has been a quality of natural law that it is eternal and universal. Finnis believes that the principles of natural law hold good, as principles, however extensively they may be overlooked, misapplied or defied and however little they may be recognised. They ‘would “hold good” just as the mathematical principles of accounting “hold good” even where, as in medieval banking community, they are unknown and misunderstood’.  

Aspects of Family Law

Children are the future and the care which is given to the welfare, education and protection of children is widely recognized as paying dividends in their later years. Children are one of the most vulnerable beings in our society and that is why the protection of the children are one of the most important rights to uphold in society. This assignment will critically discuss areas that uphold these rights such as the constitution regarding articles such as 41 and 42, legislation, various legal and social policies and children in the criminal justice system. This assignment will also include three recommendations about improving the position and welfare of children in the Irish society.
The first area that upholds children rights is the Irish Constitution, Bunreacht na hEireann. This ‘fundamental legal document sets out how Ireland should be governed and the rights of Irish citizens’, (Constitution n.d). In the constitution, Article 41[1] refers to the family. This article gives the family rights, which outweigh any other rights. It is a special protection from the State to grant the ideal environment to raise a child, (Ferguson and Kenny 1995). The State protects and values the family but only as a unit. This unit refers to a married family, which concludes that this protection is only to a married family. ‘The family unit in Ireland has autonomy over and above that of the individual members of the family’, (Geoffrey 2003).  Once the parents are not married, the father has no constitutional rights to his child, (Nestor 2004). Article 41 ‘enshrines the protection of the family from undue interference by the State and titled the balance institutionally towards the enchantment of parental rights and the minimum intervention end of the continuum’, (Duncan 1993).

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Article 42[2] states that the very first people to educate a child are the parents. This is a duty that is imposed by the Constitution and in return for this duty, the custody and guardianship are guaranteed to the family. The State “guardian of the common good” also provides free education for the children. On the other hand, Article 42 is not all just about education. Article 42.5[3] concludes that when parents fail to look after and care correctly after their children, the State will step in and intervene. The precautions that will occur will be the State becoming the parent of the child or find substitute parents. The factors that allows the State to intervene range from child abuse, neglect and very serious cases. However the Constitution still did not ‘define the rights of children as distinct from those of the Family’, (Children’s Rights Alliance, Children’s Rights 2012). With this article, children were still seen as a possession or belonging and not an individual with rights.
On the 10th November 2012, the people of Ireland held a referendum in order to change to text of Article 42.5. Article 42.5 was deleted and Article 42A was inserted, (Quinn 2012). The legislative perspective of this Act was about the child’s best interest and since it was enacted children were granted the same fundamental and unenumerated rights as adults, (Children’s Rights Alliance, Children’s Rights 2012). This Act puts children first and sees a child not just as a belonging. In addition, Article 42A gives the child a choice to make their own decision but the views of the child shall be made certain of balance with regard to age and maturity of child. Before the referendum, there were some serious tragedies, one horrible case, in what most people until this day say, the children involved in this disaster were ‘failed by everyone around them’, even Judge Miriam Reynolds (RIP) agreed with this statement[4]. Mrs A, a mother of six children, was sentenced due to her conviction for incest, neglect and ill-treatment. The reason everyone had failed these children was the fact the Western Health Board had been involved since 1996, but the children had not been taken into care until 2004. Ms Laverne McGuiness, National Director of Integrated Services Directorate in the HSE commented on the situation, “children let down badly by society….we can ensure in as far as possible, that no other child, as to face such an unspeakable tragedy ever again”. Since horrible tragedies like this, the child’s best interest will always be put first, from this ever happening again. Article 42A is there in the constitution to specifically protect children from these horrible situations they happen to be in.
The Constitution is the fundamental law of State. The Constitution constructs the intercommunication between the State and adults, including children and gives the direction to the Oireachtas and Courts on how to balance each of their interests and rights. Article 42A takes into consideration the vulnerable situation of a child, in that they are largely dependent on adults for their care and are often powerless to justify and uphold their own rights. The Constitution was amended so that family and the child can be separated and that the child’s life and rights are mirrored to the parents. Furthermore, it was amended to put in place for a more efficient child protection system, (Children’s Rights Alliance, Children’s Rights 2012). On behalf of the child, 42A is a constitutional development for the protection of children and with hope, no more cases such as the Roscommon Child Care Case will happen again.
A recommendation about improving the child’s safety and welfare in Irish society will start with amending our Constitution. The Constitution, regarding the child has now improved but there is still one section, which needs developing: Article 41 concerning the Family. Article 41 does not recognized an unmarried couple with a child as a family, (Nestor 2004). This is a grave problem, as unmarried parents are not considered a ‘family’. Article 41 does not protect unmarried couples as it does with married couples. This gives problems with the constitutional rights and there will be a problem to intervene. The father also has no custody or guardianship to this child, if he and the mother are not married, unless he applies for the guardianship. This is very unfair, outdated and should be changed. It should be changed for the child’s safety and welfare as it is not the child’s concern if their parents are married or unmarried.
The Child Care Act 1991 is a primary piece of legislation, which safeguards a child’s health and safety[5]. It regulates all child protection and it ‘imposes a positive mandatory obligation on the HSE to ‘promote the welfare of a child in its area who are not receiving adequate care and protection” (Ireland, Department of Children and Youth Affairs, 2010). The Child Care Act 1991 (which I will state ‘1991 Act’ for the remainder of this assignment), is an acknowledgment to Article 42.5 to specify the rights and provide the needs for children. It is a ‘clear recognition of states obligations with respect to the protection of children at risk’, (Ferguson and Kenny 1995).
(Nestor 2004)
The legislative prospective of the courts will always be in the child’s best interest.

Islamic Law And Islamic State Religion Essay

Since the dawn of civilization, religion and politics has been traced out as interrelated. They not only complement each other; rather they provide the two most important factors that are highly responsible in the establishment of a state: religion that directs the private lives of the citizens and the politics (Law) which monitors their public behaviors. They work together to lay down codes of behavior; codify them lawfully, and implement them as edicts to promote cooperative peaceful activity and to generate homogenous group recognition. Therefore, it is mandatory that these two must have a mutual coordination to ensure peace and prosperity of a nation.
An Islamic Republic caters to this very philosophy and believes that if the religion itself provides these two directions to its followers together, it will create a flawless and strongest state in the world.
Islam — The Religion
Islam is a complete code of conduct that provides guidance in every aspect of a man’s life. It was introduced in the form of the great Prophet Hazrat Muhammad (PBUH). Starting from the tribes of Makkah, this religion spread to the far stretches of the world in a very short time due to its clear-cut and pious notions and logical instructions. It did not ask Man to bow before his own creation, but in front of the Greatest Omnipresent Allah who listens to them even if they do not utter the words from their mouths. Moreover, Islam offered erudition in the affairs of every aspect of life that helped the Muslims in their domestic as well as public and business lives. The Holy Book Quran is a collection of wise instructions as well as logical answers to many of human queries to rest his mind at peace.
Islam was preached through two means:

The Holy Book: Quran
The actions of the Holy Prophet: Sunnat

Khan, M. A. Muqtedardebates thatThe Holy Qur’an was revealed as a heavenly assistance for the domestic, social, spiritual and political lives of the believers as well as the entire humanity. It is not a manual of directions for ‘what-to-do’ and ‘how-to-do’; rather it is an essence of celestial principles, a compilation of revealed ideology, and a collection of logical philosophies the comprehensive follow of which will escort Man all along the right direction. He further says that Muslims are always in quest of political sovereignty and moral legitimacy that led them to the proposition of the logical and reasonable idea of an Islamic state. Quran help them in the stately affairs by providing hem not laws, but the basic rules which, once understood, can provide guidance in the most complex situations.
Sunnat: Unlike other religions, the religion of Islam was not preached through mere gospels and holy books. It was practically presented in front of the entire civilization through the personality of Holy Prophet Mohammed (PBUH). He (PBUH) was the exclusive model of the preaching of Islam that directed the people to behave rationally in judging the “supremely successful”dealings of Mohammed (PBUH); and they did so quite appreciatively. Khan, M. A. Muqtedar. Says that, “everything the Prophet (PBUH) said and did is essentially an exegesis of the Qur’an. The Prophet’s actions should be understood as an interpretation, a prophetic and divine interpretation, of the Holy Qur’an”. Even non-Muslims agree to the forceful and persuasive personality of the greatest of Prophets of God, and they did not dare to lay a finger against His (PBUH) honor. The Historian Lamartine has written that: “If greatness of purpose, smallness of means and astounding results are the three criteria of human genius, who could claim to compare any great man in modern history with Muhammad?”
Mohammed (PBUH) has taught His (PBUH) people how to live a domestic as well as public life. Ruqaiyyah Maqsood believes that, “Islam looks at the life of Muhammad, beliefs, worship, festivals and special days, Shari’ah, the mosque, Islamic history and how Islam affects moral behaviour, attitudes, social practices and lifestyles.”
Purpose of Islam
Islam is a religion that is not a mere way of spiritual thinking; rather it is a complete guideline of how to spend one’s life. The purpose of this religion was to guide the humanity towards a right direction that may lead not only to good endings after this world but also to provide it success in this very world. Thus, this religion has not guided man only in the theological matters, but in every possible worldly affair: domestic relations, inheritance, social behaviour, business and trade rules, political ideology, foreign affairs and dealings, etc. To guide man, islam has provided a complete code of conduct or law.

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Islamic Law – Shari’ah
The literal meaning of the word Shari’ah is ‘the way’. It is basically a prescribed mode of action in every aspect of life. Being the most powerful and eminent theme of Islam, it is one of the basic requirement from the Muslims so that to establish the concept of Toheed or acceptance Allah as the Supreme Lord in full force.
Islamic Law or Shari’ah is mistakenly interpreted as a law against crimes and a code of punishment and retribution. This widely propagated misinterpretation encompasses only a fraction of what Islamic law constitutes. Islam gives superiority to Law as it is said to represent the will of Allah, the supreme Lord. It demands an unquestioning submission and acceptance of this law from the followers and to judge their actions according to it. This charges legal consequences to every act of Man whether it be private or public, political or business: there is always a marked separation between what is allowed and what is forbidden. In surat Al-Hajj it is said that: “They are those who if we establish them in the land, establish the way of life consistent with the Divine Laws and provide nourishment to individuals, enjoin the right and forbid the wrong” (22:41).
Islamic Law or Shari’ah basically lays the rules to define “the way in which the submission to Allah is to be done in every conceivable human situation”. Following the divine values, it is a demand from the Muslims to enact Allah’s Will “through an action-based system”
Islamic Politics – the Framework
In his translation of ‘The Political Framework of Islam’, Professor Khurshid Ahmad states that there are three main principles upon which the political framework of Islamic Law is based: Shari’ah. These include:


Toheed means the oneness of Allah: “Allah alone is the Creator, Sustainer and Master of the universe and of all that exists in it – organic or inorganic. He alone has the right to command or forbid. Worship and obedience are due to Him alone. No aspect of life in all its multifarious forms ¾ our own organs and faculties, the apparent control which we have over physical objects or the objects themselves ¾ has been created or a acquired by us in our own right. They are the bountiful provisions of Allah and have been bestowed on us by Him alone”. In Surat Yusaf it is said that, “Remember! The command is for none but Allah” (12:40) and “Nor does He share His Command with any one whosoever” (18:26)
Thus, in Islam, man cannot decide what should be the aim, purpose and the limits of our existence. There is no other human being in this world who can decide it for us. This authority goes to Allah only who is the Supreme Lord of all and His “commandments constitute the law of Islam”. This belief in Toheed nullifies the possibility of the political or legal dominion of any other human being, and hence it ends the notion of dictatorship in an Islamic State.
Maqsood has defined Risalat as “the medium through which we receive the law of Allah”. He argues that this medium has provided the followers of Islam two important things: The Holy Quran through which Allah has given further details about His commandments and decrees, and the Persona of the Holy Prophet Muhammad (PBUH) who has interpreted and exemplified this book through His actions and words. Islamic Law or Shari’ah is a combination of these two forms of guidance: the broad rules and principles for an ideal human life that were laid down in the Holy Quran; and the model organization of Islamic life that was interpreted by the life of the Holy Prophet Muhammad (PBUH) in keeping these laws.
The third building principle of Islamic state is Khilafat that means “representation”. Maqsood explains this principle in his book ‘Islam: Examining Religions’ as: “Man, according to Islam, is the representative of Allah on earth, His vice-gerent; that is to say, by virtue of the powers delegated to him by Allah, and within the limits prescribed, he is required to exercise Divine authority”
For elaboration, Maqsood relates an example of a state for which one hires someone else for administration. He debates that four conditions apply to this situation:

The ownership does not change with the hire of the administrator; it remains to adherent to the original owner
The administrator does not act independently and follows tha directions of the owner
The administrator is also given independence to some extent and he works within this limited governance
The administrator fulfills the demands of the owner, not his own

The failure of any administrator or representative in the fulfillment of these four terms and conditions will meant as an abuse to his authority which results in the breakdown of the agreement of “representation”. As it is said in Surat Aal-e-Imran: “It is not for any human being unto whom Allah has given the Book and wisdom and the Divine Message, that he should afterwards have said unto mankind, ‘Obey me instead of Allah’. He should rather say, ‘You should be amongst those who are subservient to Allah by following His Book which you study and teach others’.” (3:78)
He states that Islam means the same when it says that Man is an administrator and representative of Allah, the Supreme Lord; and he is bound to follow His commandments and demands through the agreement of Islam. This representative is named as ‘Khalifa’ and the Islamic state under this political ideology will be, in fact, under the sovereign rule of Allah, the only Ruler.
Muhammad (PBUH) – the Greatest Political Leader
As discussed earlier, the concept of State and political dealings in Islam are presented though the model of the Holy Prophet Muhammad’s (PBUH) deeds and words; he is regarded as the greatest political leader of all and sundry. No rational student of history and politics can deny the fact that it was the logical and wise representation of Holy Prophet Muhammad’s (PBUH) political and public ideology that helped in the instant spread and acceptance of Islam. As Michael Hart has declared Him (PBUH) as the best and the most influential ambassador in his book ‘The 100: A ranking of the most influential persons in history’. He says that: “My choice of Muhammad to lead the best of the world’s most influential persons may surprise some readers and may be questioned by others, but he was the only man in history who was supremely successful on both the religious and secular levels. Of humble origins, Muhammad founded and promulgated one of the world’s great religions, and became an immensely effective political leader. Today thirteen centuries after his death, his influence is still powerful and pervasive”
It was the eminent rationality of the Holy Prophet Muhammad’s (PBUH) political intelligence that he was able to establish a true Islamic state in Medina. This Islamic state was established even before the migration of the Holy Prophet Muhammad (PBUH) from Makkah as His (PBUH) followers had extended to this far valley. However, the implementation of Islamic Shari’ah was brought about the Holy Prophet (PBUH) himself near His (PBUH) death and it continued to be as such till the death of Hazrat Usman (R.A); the third Caliph of Islam. These Caliphs were selected through the mutual consent of the nobles of the state whose nobility was due to their leaning and piety, and not due to their caste, colour or creed. These three things bring dictatorship in a state for which there is no space in Islam. The success of Islamic theory of state is evident from the fact that, “When Muhammad died, in 632, he was the effective ruler of all of Southern Arabia”
Political Law- Form of Governance in Islam
Islam has provided clear-cut guidance and principles in the stately matters. The leader or Imam of the state does not enjoy exceptions of any sort in the matter of law; however, he has an additional responsibility to look after his public as well as if the Islamic law is abode by or not. In the selection of Imam, Allah has given clear democratic principles. Along with the acceptance of the public, there are certain standards which should be followed in this regard. No one can gain the leadership of the state for being the successor of previous Ameer. Even after the selection, he has to follow a particular set of considerations, which are as follows:
* An Ameer should be watchful of his duties to Allah as well as the welfare of his subjects
* An Ameer must try to win the appreciation and favour of his people and subjects so that he must not be mistaken in the matter of Shari’ah and people may obey him without violence
* An Ameer must not bring difference in the treatment of Muslims and Non-Muslims, though in certain matters this distinction is compulsory. It is clearly instructed in the Holy Quran that religion is one’s personal matter and no one has any right to interfere into one. Though an Ameer can persuade a subject to embrace Islam, he cannot force him to do so. As it is said in the Holy Book: “There is no compulsion in the matters of Deen” (2:256)
* The Ameer must take care of the welfare of his subjects and the poor, orphans and needy people should be taken care of with the help of ‘state revenue’.
* An Ameer must take great care to ensure independent judiciary system. He must take care that “the judiciary is well paid, well looked after and given prestige to prevent corruption”. In this way Islam ensures that Man may gain control over his cardinal desires and he may not be left for any excuse for injustice and corruption.
* It is the duty of the Ameer to maintain and ensure equity and justice among the subjects in every way.
* The Ameer must try to extend friendly relations with the neighbouring states and countries so that to avoid possible conflicts and disputes. The Holy Prophet (PBUH) himself had sent delegations in the neighbouring states inviting them to embrace Islam and to develop friendly relations. It is said in the Holy Quran that: “Co-operate with one another in matters which broaden scopes of betterment and well-being to humanity and produce consistency with the Divine Laws, and do not co-operate in matters that become obstructive in the progress of the society or a means of transgressing the Divine Limits.” (5:2)
An Islamic State
In the light of the above discussion, we can define an Islamic state as a state where all the verdicts of Shari’ah are followed with utmost care. In the words of Mohammad H. Kamali, “a shari’a state which is committed to the enforcement of shari’a”. The state occupies an important place in the implementation of Islamic Law.
As discussed above, the concept of an Islamic state is not new or modern. It is as old as the civilization of Medina. Thus the origin of the concept of an Islamic state is the Islamic state of Medina that was established by the Holy Prophet Muhammad (PBUH). Carly Florida praises the ideals and ethics of that early symbol of civilized nations in these words: “It was leadership based on meritocracy, not inheritance. It was leadership that harnessed the full capabilities of a very diverse population-that included Christianity, Islamic, and Jewish traditions. This kind of enlightened leadership — leadership that nurtured culture, sustainability, diversity and courage — led to 800 years of invention and prosperity”.
Salient Features
In his book Islam in Southeast Asia, Mohammad H. Kamali has explained the three basic features that laid the foundation of an Islamic state:

Islamic State proposes a limited government to Man as the sovereignty lies to Allah, the Supreme Lord.
It is a civilian state as its main purpose is to take care of the needs of the subjects and to ensure their right direction in the way to Allah.
It is a qualified democracy as it does not allow inheritance of the leadership as well as forbids dictatorship of any kind. The supreme authority lies to Allah and Man (Ameer) is a mere representative o caliph in the world

Significance of State in Islamic Politics
An Islamic state is an area in which the government and the public follow the Islamic laws and Shari’ah in every field of their lives: domestic, social, public, business, political, etc. Thus it is the main purpose of an Islamic state to ensure the organization, preservation and growth of those divine virtues in human life which Allah, the Creator has wished it to be enriched with; it also means to prevent and eradicate the evils which are abhorrent and repugnant to Him. This state is projected neither exclusively as a tool of political supervision nor for the execution of the democratic decisions of the people; it is rather to place elevated standards at the disposal of the state to be used in the stately affairs.
Islam takes great care of human rights and it asks the state to concern itself with the welfare of all people of the area. The fundamental rights propagated by Islam are universal and can equally e applied to anywhere in the world in whatever state one wants to. Thus, killing and murder without reasonable validation is a crime for which the criminal should be executed, the oppression to children, women, old, poor, orphans, weak, wounded and sick is not allowed at any way, the chastity of a woman is precious, to feed a hungry, to provide clothes to a naked and to help a wounded is a noble deed. There is no distinction in being Muslim or not, it all lies on the basis of humanity.
Similarly, the rights of the citizens projected by Islam are of universal value and worth. There is no difference and distinction between men on the basis of caste, color and creed; and thus every man has the equal right to be selected as the leader of the state. Also, any man who sets foot on a state with the intention of living there and makes it his home is liable to enjoy equal rights as other.
Islam also takes care of the rights of non-Muslims in the state. Except than enjoying the equal fundamental rights, yet there are a few boundaries that they have to follow. They are termed in Islam as Zimmis or “the covenanted”, that states that they have entered into the Islamic state and has had a mutual agreement according to which they will be patriotic to it and will receive state’s protection and favors. It is said that, “The life, property and honour of a dhimmis is to be respected and protected in exactly the same way as that of a Muslim citizen. Nor is there difference between a Muslim and a non-Muslim citizen in respect of civil or criminal law”.
Another important aspect of Islamic state is freedom in the selection of religion as well as its propagation. The non-Muslims have all the rights to follow and propagate their religion within certain boundaries; they can also criticize certain Islamic issues within the limits permitted by law and level of decency. This places a shame to modern criticism against Islam in by burning the Holy Book and by sketching the Holy Prophet Muhammad (PBUH) in inappropriate ways. Islam does not allow Muslims to make fun of other religions; any such step against it will be regarded as great offence.
All of the fundamental and humanitarian rights are unalterable and the Zimmis would be deprived of them unless they commit serious offence against the State, Islam, Allah, the Holy Prophet (PBUH) and the Holy book. However, if this offence is happening outside the state, in any other region, the Islam does not allow the revenge and punishment on the followers of the same religion in the state.
As well as the administration and government is concerned, Ameer or leader is the most responsible for the welfare of the people of his state. He can be compared to the president or the prime minister of today’s democratic states; he is not a king, but a representative who has to convey what Islam and Islamic laws say and to make sure people follow them in every walk of their lives. He is not to be selected on the basis of caste, color, creed, but by the mutual consent of the public. He may also need to follow the obligations which are stated earlier.
As consultation is an important factor of Islamic state, therefore the establishment of shoora or advisory council is highly favored in Shari’ah. This council comprises of the learned noble men who have not only to select and guide the Ameer, but also to assist him in the administration of the state. Ameer has to be respected and he must earn this respect with the help of his virtues and noble deeds. Everyone in the state has the right to criticize him and question him: that is the most illustrious example of democracy in Islam.
As far as the government is concerned, it is to be carried out under the guidelines of Shari’ah that is the Will of Allah conveyed by the Holy Quran and the Holy Pprophet Muhammad (PBUH). It is compulsory that no one has the right to object in the ways of Allah and the sovereignty of His Prophet (PBUH). Therefore, no government has the right to alter or change the Islamic laws according to the situation or circumstance. Rule is same for rich, poor, Ameer and subjects. There is no consideration for nobility on the basis of caste.
As far as the judiciary is concerned, in an Islamic state it is not under the supervision of the government. Thus, the leader is as answerable to the judge as a common man. The judge is selected and appointed by the government, but he has to follow the commandments of Islam and has to take care of the implementation of Islamic Laws.
Place of Democracy
Islam is undoubtedly a propagation and democracy and equal rights. There is no sovereign power in Islam other than Allah. Man is not a subject to man. No man is superior to another. The ranks are decided due to mutual consent as well as the criterion of Islamic law.
Consultation is an important factor in the formation of stately decisions and settlements of matter. Islam does not allow a man to decide for the future of a state by himself, there is no concept of authoritative king or royalty other than Allah. Rather the leader is the representative of Allah who has to take into consideration the rules laid down in the Holy Quran as well as the consultation of the learned and wise men of the clan. In the Holy Quran, Allah the Supreme Lord says: ” all affairs shall be settled by consultation.” (42:38)
However there is no place for modern democracy as it is instructed vividly that anything against the principles of Islam and Quranic Laws should not be accepted in spite of the consent of the majority. It is said that in The Holy Quran: “If you were to follow the majority of the people in the land, they would lead you astray from the path of Allah. They follow nothing but conjecture; they do nothing but indulge in their own surmises.” (6:117)
Establishment of First Islamic State
The first Islamic state was established in Medina after the migration of the Holy Prophet Muhammad (PBUH) from Makkah in 622 CE. He (PBUH) had remain the political leader of Muslims, especially of Medina, for almost ten years in during which He (PBUH) ensures the implementation of every aspect of Islam, including Shari’ah. In the words of Muqtedar Khan: “As the leader of Medina, Prophet Muhammad (PBUH) exercised jurisdiction over Muslims as well as non-Muslims within the city. The legitimacy of his rule over Medina was based on his status as the Prophet (PBUH) of Islam as well as on the basis of the compact of Medina.”
The Holy Prophet Muhammad (PBUH), had sovereignty and superiority over all followers by Allah’s verdict that so strongly obvious in the declaration of Shahadat:
“There is no God but Allah and Muhammad is his messenger”.
However, the Holy Prophet Muhammad (PBUH) had not won the favour of people of Medina due to this very declaration; he was equally loved by non-Muslims who adored His (PBUH) piety. Gandhi says that, “I become more than ever convinced that it was not the sword that won a place for Islam in those days. It was the rigid simplicity, the utter self-effacement of the Prophet, the scrupulous regard for pledges, his intense devotion to his friends and followers and his intrepidity, his fearlessness, his absolute trust in God and in his own mission. These and not the sword carried everything before them and surmounted every obstacle”
“The peace was brought into the region by “the tri-partite compact that was signed by the Muhajirun (Muslim immigrants from Mecca), the Ansar (indigenous Muslims of Medina and the Yahud (Jews)”
This compact had provided an outstanding chronological instance of two hypothetical building that has fashioned the modern political hypothesis and therefore it should be taken as of great worth in the conception of Islamic state. Muqtader Khan argues that, “Muslims are fortunate to have the compact of Medina as a tradition upon which the foundations of a modern state can be built”.
Another important aspect of a political theory is the idea of constitution. The idea of constitution is as old as Aristotle himself who had managed to collect 300 constitutions himself. Muslims got their first constitution in the form of the above mentioned compact that laid the foundation of first Islamic state. Though this compact cannot be used in the modern era as a constitution, yet Muslims can get guidelines from it.
This compact had also served as a practical illustration of what Allah demands of the state, leaders and the subjects. The Holy Prophet Muhammad (PBUH) did not forced the revelation of Allah, the supreme Lord. He had presented “a democratic spirit quite unlike the authoritarian tendencies of many of those who claim to imitate him today. He chose to draw up a historically specific constitution based on the eternal and transcendent principles revealed to him and sought the consent of all who would be affected by its implementation.”
Thus, we can say that the first Islamic state of Medina was a social constitution that had taken the consent of all the subjects in the state matters under the sovereignty of Allah. This was an excellent example of democracy and other ideals of “consent and cooperation for governance”. The Muslims and non-Muslims were treated equally, and they were free to follow the religion of their choice. However, in the matter of state they were demanded of their patriotism to insure the security of all who live within the state.
Modern Islamic State
Islam is a universal religion. It was not meant to change with the time, it has enough flexibility to adapt newer technologies and inventions and trends according to its rules. Neither does it refuse the experimentations of science nor does it inhibit man to progress and prosper. Therefore, there is no chance that if ever an Islamic state is founded again it would be different from the Islamic state of Medina due to temporal gap. Modernity has nothing to do with the stately affairs, so a true Islamic state will be the same as that of established by the Holy Prophet of Allah, Muhammad (PBUH) in Medina.
Difference between a Muslim State and an Islamic State
It is obvious from the above discussion that an ideal Islamic state is one that follows each and every aspect of Shari’ah. It is different from a Muslim state that declares Islam as the official religion of the state and allows equal rights to the people of other religions. Also, in a Muslim state, all the laws are not derived from Shari’ah. For example, the Islamic Republic of Pakistan has been declared as a Muslim state whose laws were mostly British driven till 1973 when some basic Islamic Rules were included in the State’s constitution. On the other hand, Iran can be regarded as an Islamic state to some extent as it is following the Shari’ah of Shiya sect eminently. However, the scholars agree to the fact that there is no true Islamic state in the world at the moment though it is one of the basic demands from the Muslims to gain enough power to implement Islamic Law and Shari’ah in every possible way.
Relationship Between Islamic Law and State
From the above discussion it is quite clear that there is a deep relationship between Islamic state and the Shai’ah. According to the preaching of Islam, it is the first and the foremost duty of a Muslim to establish Islamic state and implement Islamic law within their close vicinity. However, one cannot do so unless he gains enough power and influence.
Moreover, Islamic state is a means of the implementation of Islamic law in its full force. It is not to be gained to for material benefits, but to make evident implementation of Divine laws possible.
Islam provides the basic code of conduct that guides the Muslims in every field of their lives. The rules that provide regulation in public and private lives of Muslims is called Islamic Law or Shari’ah. This law can be observed even if one lives in a Non-Muslim country. However, one cannot extend it to other people of the society unless the state demands that. Thus, for a wide implementation of Islamic law, Islamic state is needed that will ensure the use of power in the favour of Law. It is basically due to the fact that any lawful implementation requires a regulatory force that bound the citizens to a particular code of law, and if the leader of the state observes the same theological ideas, the implementation becomes even more easier.
However, whether it is a modern concept or not is a matter of controversy. Historians relate that Islamic law was successfully implemented in the first Islamic state that was established in Medina. However, it is obvious through clear historical evidences that did not become an Islamic state at once where people were forced to follow theological rules in their lives. They were introduced to the rules gradually and with the passage of time Medina turned into a true Islamic state that continued to be so till the end of Khilafat in the form of Hazrat Usman (R.A).
Today there isn’t any Islamic state in the world at all. Though there are Muslim countries which follow some or more rules and laws of Islam, there isn’t any state that has implemented Islamic Shari’ah as the sole directive. Though there is Iran that is declared to be the state of

Newton’s Law Of Motion

In this assignment, I will learn about the outcome two that is Newton’s law and harmonic oscillation. Newton’s law can be divide by three types that is 1st law, 2nd law and 3rd law. It is teach about the motion in our real life. Thus, harmonic oscillation can be divided by three types that are pendulum oscillation, damped oscillation and mechanic oscillation. All of these oscillation are useful in our life especial is use in different type of mechanics.
Question One
Research on the Newton’s Laws of motion, and make a report that provide detail explanation and examples on Newton’s 3 laws of motion. You report should include relevant and useful formula.
Newton’s law of motion can be divided by three types that is 1st law, 2nd law and 3rd law and it is law of gravity. The three laws are simple and sensible.
The first law states that a force must be applied to an object in order to change its velocity. When the object’s velocity is changing that mean it is accelerating, which implies a relationship between force and acceleration.
The second law, the acceration of an object is directly proportional to the net force acting on it and is inversely proportional to its mass. The direction of the acceleration is in the direction of the acceleration is in the direction of the net force acting on the object.
Finally, the third laws, whenever we push on something, it pushes back with equal force in the opposite direction.
A force is commonly imagined as a push or a pull on some object, perhaps rapidly, as when we hit a tennis ball with a racket. (see figure 1.0). We can hit the ball at different speeds and direct it ionto different parts of the opponents;s court. This mean that we can control the magnitude of the applied force and alos its direction, so force is a vector quantity, just like velocity and acceleration.
Figure 1.0: Tennis champion Rafael Nadal strikes the ball with his racket, applying a force and directing the ball into the open part of the court.
Figure 1.1: Examples of forces applied to various objects. In each case, a force acts on the object surrounded by the dashed lines. Something in the environment external to the boxed area exerts the force.
Newton’s 1st law
Newton’s 1st law of motion states that if a body is at rest it will remain at the rest and if a body is moving in a straight line with uniform velocity will keep moving unless an external force is acted upon.
For example, consider a book lying on a table. Obviously, the book remains at rest if left alone. Now imagine pushing the book with a horizontal force great enough to overcome the force of friction between the book and the table, setting the book in motion. Because the magnitude of the applied force exceeds the magnitude of the friction force, the book to a stop.
Now imagine the book across a smooth floor. The book again comes to rest once the force is no longer applied, but not as quickly as before. Finally, if the book is moving on a horizontal frictionless surface, it continues to move in a straight line with constant velocity until it hits a wall or some other obstruction.
However, an object moving on a frictionless surface, it’s not the nature of an object to stop, once set in motion, but rather to continues in its original state of motion. This approach was later formalized as Newton’s first law of motion:
An object moves with a velocity that is constant in magnitude and direction, unless acted on by a nonzero net force.
For example:
In the figure 1.2, the string is providing centripetal force to move the ball in a circle around 3600. If sudden the string was break, the ball will move off in a straight line and the motion in the absence of the constraining force. This example is not have other net forces are acting, such as horizontal motion on a frictionless surface.
Figure 1.2
Inertia is the reluctance of an object to change its state of motion. This means if an object is at rest it will remain at rest or if it’s moving it will keep moving in a straight line with uniform velocity. Force is needed to overcome inertia.
For example
In figure 1.3, it is an experiment to prove the concept of inertia. In experiments using a pair of inclined planes facing each other, Galileo observed that a ball would up the opposite plane to the same height and roll down one plane. If smooth surface are used, the ball is roll up to the opposite plane and return to the original height.
When it is starting to roll down the ball on the degree place, it is will return the ball at the same height from original point.
Figure 1.3
If the opposite incline were elevated at nearly a 0 degree angle, then the ball will be roll in an effort to reach the original height that is show in the figure 1.4.
Figure 1.4: If a ball stops when it attains its original height, then this ball would never stop. It would roll forever if friction were absent.
Other example
Figure 1.5: According to Newton’s 1st law, a bicycles motion wasn’t change until same force, such as braking makes it change.
Newton 2nd law
Newton’s first law explains what happens to an object that has no net force acting on it. The object either remains at rest or continues moving in a straight line with constant speed. Newton’s second law is the acceleration of an object is directly proportional to the net force acting on it and is inversely proportional to its mass. The direction of the acceleration is in the direction of the acceleration is in the direction of the acceleration is in the direction of the net force acting on the object.

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Imagine pushing a block of ice across a frictionless horizontal surface. When you exert some horizontal force on the block, it moves with an acceleration of the 2m/s2. If you apply a force twice as large, the acceleration doubles to 4m/s2. Pushing three times as hard triples the acceleration, and so on. From such observations, we conclude that the acceleration of an object is directly proportional to the net force acting on it.
Mass also affects acceleration. Suppose you stack identical block of ice on top of each other while pushing the stack with constant force. If the force applied to one block produces an acceleration of 2m/s2, then the acceleration drops to half that value, 1 m/s2, When 2 blocks are pushed, to one-third the initial value. When three block is pushed, and so on. We conclude that the acceleration of an object is inversely proportional to its mass. These observations are summarized in Newton’s second law:
The acceleration of an object is directly proportional to the net force acting on it and inversely proportional to its mass.
Units of Force and Mass
The SI unit of force is the Newton. When 1 Newton of force acts on an object that has a mass of 1 kg, it produces an acceleration of 1 m/s2 in the object. From this definition and Newton’s second law, we can see that the Newton can be expressed in terms of the fundamental units of mass, length and time.
1 N = 1 kg.m/s2
A force is a push or a pull. Hence a force can change the size, shape, and state of rest or motion, direction of motion and speed / velocity. The symbol for force is F and the S.I. unit is Newton (N). An object of mass m is subjected to a force F, its velocity changes from U to V in time t. The above condition can be stated as:
F =
Where a = is acceleration, thus F = ma.
For example
Figure 1.6: An airboat.
An airboat with mass 3.50x102Kg, including passengers, has an engine that produces a net horizontal force of 7.70x102N, after accounting for forces of resistance (see figure 1.6).
(a) Find the acceleration of the airboat.
(b) Starting from rest, how long does it take the airboat to reach a speed of 12.0m/s2?
(c) After reaching this speed, the pilot turns off the engine and drifts to a stops over distance of 50.0m. Find the resistance force, assuming it’s constant.
(a) Find the acceleration of the airboat.
Apply Newton’s second law and solve for the acceleration:
Fnet = ma
a = =
= 2.20m/s2
(b) Find the time necessary to reach a speed of 12.0m/s.
Apply the kinematics velocity equation:
If t = 5.45s
V = at + V0 = (2.20m/s2) (5.45) = 12.0m/s
(c) Find the resistance force after the engine is turned off.
Using kinematics, find the net acceleration due to resistance forces
V2 – = 2a Δx
0 – (12.0m/s)2 = 2a(50.0m)
= -12 / 100
= -0.12m/s2
Substitute the acceleration into Newton’s second law, finding the resistance force:
Fresistance= ma
= (3.50 X 102kg) (-144m/s2)
= -504N
Impulse and Impulsive Force
The force, which acts during a short moment during a collision, is called Impulsive Force. Impulse is defined as the change of momentum, so Impulse = MV – MU, since F = , thus impulse can be written as:
Impulsive force is Force = Impulse/Time. Unit is Newton (N).
The applications of impulsive force
In real life we tend to decrease the effect of the impulsive force by reducing the time taken during collision.
Gravitational force or gravity
Gravity exists due to the earth’s mass and it is acts towards the center of earth. Object falling under the influence of gravity will experience free fall. Assuming no other force acts upon it.
Object experiencing free fall will fall with acceleration; gravity has an approximate value of 10m/s2. The gravitational force acting on any object on earth can be expressed as F=mg. This is also as weight.
For example
Find the gravitational force exerted by the sun on a 79.0kg man located on earth. The distance from the sun to the earth is about 1.50 X 1011 m, and the sun’s mass is
1.99 X 1030kg.
Fsun = G
= (6.67 X 10-11 Kg-1m3s2)
= 0.413N
Newton’s third law
The action of one body acting upon another body tends to change the motion of the body acted upon. This action is called a force. Because a force has both magnitude and direction, it is a vector quantity, and the previous discussion on vector notation applies.
Newton’s third law is the amount of force which you inflict upon on others will have the same repelling force that act on you as well. Force is exerted on an object when it comes into contact with some other object. Consider the task of driving a nail into a block of wood, for example, as illustrated in the figure 1.7(a). To accelerate the nail and drive it into the block, the hammer must exert a net force on the nail. Newton is a single isolated force (such as the force exerted by the hammer on the nail) couldn’t exist. Instead, forces in nature always exist in pairs. According to Newton, as the nail is driven into the block by the force exerted by the hammer, the hammer is slowed down and stopped by the force exerted by the nail.
Newton described such paired forces with his third law: Whenever one object exerts a force on a second object, the second exerts an equal and opposite force on the first.
This law, which is illustrated in figure 1.7(b), state that a single isolated force can’t exist. The force F12 exerted by object 1 on object 2 is sometimes called the action force, and the force F12 exerted by object 2 on object 1 is called the reaction force. In reality, either, either force can be labeled the action or reaction force. The action force is equal in magnitude to the reaction force and opposite in direction. In all cases, the action and reaction forces act on different objects.
For example, the force acting on a freely falling projectile is the force exerted by earth on the projectile, Fg, and the magnitude of this force is its weight mg. The reaction to force Fg is the force exerted by the projectile on earth, Fg = -Fg. The reaction force Fg must accelerate the earth towards the projectile, just as the action force Fg accelerates the projectile towards the earth. Because the earth has such a large mass and its acceleration due to this reaction forces is negligibly small.
Figure 1.7: Newton’s third law. (a) The force exerted by the hammer on the nail is equal in magnitude and opposite in direction to the force exerted by the nail on the hammer. (b) The force F12 exerted by object 1 on object 2 is equal in magnitude and opposite in direction to the force F21 exerted by object 2 on object 1.
Newton’s third law constantly affects our activities in everyday life. Without it, no locomotion of any kind would be possible, whether on foot, on a bicycle, or in a motorized vehicle. When walking, we exert a frictional force against the ground. The reaction force of the ground against our foot propels us forward. In the same way, the tired on a bicycle exert a frictional force against the ground, and the reaction of the ground pushes the bicycle forward. This is called friction plays a large role in such reaction forces.
Figure 1.8:
In the figure 1.8, when a force pushes on an object, the object pushes back in the opposite direction. The force of the pushing back is called the reaction force. This law explains why we can move a rowboat in water. The water pushes back on the oar as much as the oar pushes on the water, which moves the boat. The law also explains why the pull of gravity doesn’t make a chair crash through the floor; the floor pushes back enough to offset gravity. When you hit a baseball, the bat pushes on the ball, but the ball also on the bat.
Figure 1.9
Question Two
Research and illustrate the various characteristics of “Damped Oscillations”, your answer should also include graphical display of these characteristic.
In the real life, the vibrating motion can be taken place in ideal systems that are oscillating indefinitely under the action of a linear restoring force. In many realistic system, resistive forces, such as friction, are present and retard the motion of the system. Consequently, the mechanical energy of the system diminishes in time, and the motion is described as a damped oscillation.
Thus, in all real mechanical systems, forces of friction retard the motion, so the systems don’t oscillate indefinitely. The friction reduces the mechanical energy of the system as time passes, and the motion is said to be damped.
In the figure 2.0, shock absorbers in automobiles are one practical application of damped motion. A shock absorber consists of a piston moving through a liquid such as oil. The upper part of the shock absorber is firmly attached to the body of the car. When the car travels over a bump in the road, holes in the piston allow it to move up and down in the fluid in a damped fashion.
Figure 2.0: (a) A shock absorber consists of a piston oscillating in a chamber filled with oil. As the piston oscillates, the oil is squeezed through holes between the piston and the chamber, causing a damping of the piston’s oscillations. (b) One type of automotive suspension system, in which a shock absorber is placed inside a coil spring at each wheel.
Damped motion varies with the fluid used. For example, if the fluid has a relatively low viscosity, the vibrating motion is preserved but the amplitude of vibration decreases in time and the motion ultimately ceases. This process is known as under damped oscillation. The position vs. time curve for an object undergoing such as oscillation appears in active figure 2.1. In the figure 2.2 compares three types of damped motion, with curve (a) representing underdamped oscillation. If the fluid viscosity is increased, the object return rapidly to equilibrium after it is released and doesn’t oscillate. In this case the system is said to be critically damped, and is shown as curve (b) in the figure 2.2. The piston return to the equilibrium position in the shortest time possible without once overshooting the equilibrium position. If the viscosity is greater still, the system is said to be overdamped. In this case the piston returns to equilibrium without ever passing through the equilibrium point, but the time required to reach equilibrium is greater than in critical damping. As illustrated by curve (c) in figure 2.2.
Active figure 2.1: A graph of displacement versus time for an under damped oscillator. Note the decrease in amplitude with time.
Figure 2.2: Plots of displacement versus time for (a) an under damped oscillator, (b) a critically damped oscillator, and (c) an overdamped oscillator.
Damped oscillation is proportional to the velocity of the object and acts in the direction opposite that of the object’s velocity relative to the medium. This type of force is often observed when an object is oscillating slowly in air, for instance, because the resistive force can be expressed as R = -bv, where b is a constant related to the strength of the resistive force, and the restoring force exerted on the system is -kx, Newton’s second law gives us
= -kx – bv = max
-kx – b = m ~(i)
The solution of this differential equation requires mathematics that may not yet be familiar to you, so it will simply be started without proof. When the parameters of the system are such that b X = ( Ae-(b/2m)t) cos(wt + ) ~(ii)
Where the angular frequency of the motion is
= ~(iii)
The object suspended from the spring experience both a force from the spring and a resistive force from the surrounding liquid. Active figure 2.1 shows the position as a function of time for such a damped oscillator. We see that when the resistive force is relatively small, the oscillatory character of the motion is preserved but the amplitude of vibration decreases in time and the motion ultimately creases, this system is known as an underdamped oscillator. The dashed blue lines in active figure 2.1, which form the envelope of the oscillatory curve, represent the exponential factor that appears in equation (ii). The exponential factor shows that the amplitude decays exponentially with time.
It is convenient to express the angular frequency of vibration of a damped system (iii) in the form
Where = √k/m represents the angular frequency of oscillation in the absence of a resistive force (the undamped oscillator). In other words, when b=o, the resistive force is zero and the system oscillates with angular frequency, called the natural frequency. As the magnitude of the resistive force increases, the oscillations dampen more rapidly. When b reaches a critical value bc,so that bc/2m = , the system does not oscillate and is said to be critically damped. In this case, it returns to equilibrium in an exponential manner with time, as in figure 2.2.
Question Three:
Simple Harmonic Motion (SHM) is a dynamical system typified by the motion of a mass on a spring when it is subject to the linear elastic restoring force given by Hooke’s Law. The motion is sinusoidal in time and demonstrates a single resonant frequency.
What is the relationship between the tension and weight in the system?
What is Hooke’s law when applied to the system?
Oscillation of motion is has one set of equations can be used to describe and predict the movement of any object whose motion is simple harmonic. The motion of a vibrating object is simple harmonic if its acceleration is proportional to its displacement and its acceleration and displacement are in opposite direction.
The second bullet point mean that are acceleration, and therefore the resultant force, always acts towards the equilibrium position, where the displacement is zero.
Common examples of simple harmonic motion include the oscillations of a simple pendulum and those of a mass suspended vertically on a spring.
The diagram shows the size of the acceleration of a simple pendulum and a mass on a spring when they are given a small displacement, x, from the equilibrium position.
Figure 3.0
In the figure 3.0, the numerical value of the acceleration is equal to a constant multiplied by the displacement, showing that acceleration is proportional to displacement. Then, the negative value of the acceleration shows that it is in the opposite direction to the displacement, since acceleration and displacement are both vector quantities.
Simple harmonic in a spring
If you hang a mass from a spring, the mass will stretch the spring a certain amount and then come to rest. It is established when the pull of the spring upward on the mass is equal to the pull of the force of gravity downward on the mass. The system, spring and mass, is said to be in equilibrium when that condition is met.
If the mass is up or down from the equilibrium position and release it, the spring will undergo simple harmonic motion caused by a force acting to restore the vibrating mass back to the equilibrium position. That force is called the restoring force and it is directly proportional to magnitude of the displacement and is directed opposite the displacement. The necessary condition for simple harmonic motion is that a restoring force exists that meets the conditions stated symbolically as Fr = -kx, where k is the constant of proportionality and x is the displacement from the equilibrium position. The minus sign, as usual, indicates that Fr has a direction opposite that of x.
For example
Figure 3.1
The crank rotates with angular velocity w. Then, the slide will slide between P1 and P.
V2 = W2 (P2-X2)
P = Amplitude or maximum point.
V= Velocity of the slider.
X = Distance from centre point due to velocity, v.
W = Angular velocity of crank.
= 2Ï€f
f =
= 1/T
a = -w2x
Simple pendulum
A simple pendulum is just a heavy particle suspended from one end of an inextensible, weightless string whose other end in fixed in a rigid support, this point being referred to as the point of suspension of the pendulum.
Obviously, it is simply impossible to obtain such an idealized simple pendulum. In actual practice, we take a small and heavy spherical bob tied to a long and fine silk thread, the other end of which passes through a split cork securely clamped in a suitable stand, the length (â„“) of the pendulum being measured from the point of suspension to the centre of mass of the bob.
In the figure 3.2, let S be the point of suspension of the pendulum and 0, the mean or equilibrium position of the bob. On taking the bob a little to one side and then gently releasing it, the pendulum starts oscillating about its mean position, as indicated by the dotted lines.
At any given instant, let the displacement of the pendulum from its mean position SO into the position SA is θ. Then, the weight mg of the bob, acting vertically downwards, exerts a torque or moment – mg/sin θ about the point of suspension, tending to bring it back to its mean position, the negative sign of the torque indicating that it is oppositely directly to the displacement (θ).
Figure 3.2
If d2θ/dt2 be the acceleration of the bob, towards 0, and I its M.I about the point of suspension (S), the moment of the force or the torque acting on the bobn is also equal to I.d2θ/dt2.
I = -mgℓsinθ
If θ is small, the amplitude of oscillation be small, we may neglect all other terms except the first and take sin θ = θ.
I = -mgℓθ,
Whence, =
Since M.I of the bob about the point of suspension (S) is mâ„“2. We have
= = = µθ,
Where = µ
The acceleration of the bob is thus proportional to its angular displacement θ and is directed towards its mean position 0. The pendulum thus executes a simple harmonic motion and its time period is given by
T = 2Ï€ = 2Ï€ = 2Ï€
It being clearly understood that the amplitude of the pendulum is small. The displacement here being angular, instead of linear, it is obviously an example of an angular simple harmonic motion.
Hooke’s law
Vibration motion is an object attached to a spring. We assume the object moves on a frictionless horizontal surface. If the spring is stretched or compressed a small distance x from its equilibrium position and then released, it exerts a force on the object as shown in figure 3.3. From experiment the spring force is found to obey the equation
F = -kx ~(iv)
Where x is the displacement of the object from its equilibrium position (x=0) and k is a positive constant called the spring constant. This force law for springs is known as Hooke’s law. The value of k is a measure of the stiffness of the spring. Stiff springs have large K value, and soft springs have small K value.
In the equation (iv), the negative sign mean that the force exerted by the spring is always directed opposite the displacement of the object. When the object is to the right of the equilibrium position, as in figure 3.3 (a), x is positive and F is negative. This means that force is the negative direction, to the left. When the object is to the left of equilibrium position, as in figure 3.3 (c), x is negative and F is positive, indicating that the direction the force is to the right. Of course, when x = 0, as in figure 3.3 (b), the spring is unstretched and F =0. Because the spring force always acts toward the equilibrium position, it is some time called a restoring force. A restoring force always pushes or pulls the object toward the equilibrium position.
The process is then repeated, and the object continues to oscillate back and forth over the same path. This type of motion is called simple harmonic motion. Simple harmonic motion occurs when the net force along the direction of motion obeys Hooke’s law – When the net force is proportional to the displacement from the equilibrium point and is always directed toward the equilibrium point.
Figure 3.3: The force exerted by a spring on an object varies with the displacement of the object from the equilibrium position, x=0. (a) When x is positive (the spring is stretched). (b) When x is zero (the spring is unstretched), the spring force is zero, (c) When x is negative (the spring is compressed), the spring force is to the right.
As my conclusion, Newton’s law was a very useful in nowadays because it is can use the 3 type of law to prevent any accidents in now generation.
First’s law is states that a force must be applied to an object in order to change its velocity. Second’s law is acceration of an object is directly proportional to the net force acting on it and is inversely proportional to its mass. Third’s law is whenever we push on something, it pushes back with equal force in the opposite direction.
Second, harmonic oscillation is a type of forced and damped oscillation that is amplitude of a real swinging pendulum or oscillating spring decrease slowly with time until the oscillation stop altogether. This decay of amplitude as a function of time is called damping.

Mental Health Law And Care Health And Social Care Essay

This assignment is in two parts the first part, or essay, will critically discuss how mental health law might be applied in the care and management of Simon, the client in the scenario (appendix A). The essay will also look at how Simon’s past care pathway, especially the previous use of forced admission treatment, may have adversely affected his future care pathway. It will include how the health professionals would gain access, assess and decide, using the law, how best to help Simon.

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Simon has a diagnosis of Paranoid Schizophrenia and this is the most common manifestation of Schizophrenia (NICE 2009, NHS 2009). These symptoms are referred to as “positive” and “negative”. The positive symptoms include hallucinations and delusions (NICE 2009, NHS 2009). In Simon’s case these delusions are of a paranoid nature where Simon believes that he is being spied on and that the all the health professionals are colluding against him. The negative symptoms are more evident in the prodromal stage, the early onset of the acute stage of the illness. These negative symptoms include concentration problems, apathy and social withdrawal, all of which Simon experienced especially the social withdrawal (Townsend 1999, NICE 2009).
As a matter of course Simon’s psychiatrist should be contacted and informed of the situation. This being done with a view to them attending with Simons General Practitioner and an Approved Mental Health Professional (W.A.G 2008, M.H.A 1983). This would then constitute the makeup of a full emergency mental health assessment team (W.A.G 2008, M.H.A 1983). When this has been done the appropriate authorities, namely the police, can be informed and asked to attend also. Their role as a peace keeper and to gain access is imperative to enable the mental health professionals to talk to Simon, and if necessary perform a mental health assessment (W.A.G 2008). The nurse should risk assess the situation to gauge the amount of potential danger, if any, that Simon and others could be in, due to Simons actions (Wetherell 2001). If the risk to Simon is assessed as high, due to him once again dismantling the electrics, then because of “best interest” and “necessity” in collaboration with the attending team, the police can be asked to assess the need to gain emergency access (P.A.C.E 1984, M.C.A 2005). The police could use the powers of the Police and Criminal Evidence Act (1984) sec 17(1) (e), after notifying Simon of the reason, to forcibly enter Simons home as in the case of Baker v Crown Prosecution Service (2009). The police though have to be sure that something serious had happened or was about to happen as in Syed v Director of Public Prosecutions (2010).This section states that it would be appropriate for the police to enter as it is imperative in “saving life or limb or preventing serious damage to property” (P.A.C.E 1984). Being that Simon has stopped dismantling the flats electrics a more considered approach could possibly be used.
It is recommended though that any intervention be the least restrictive (M.H.A 1983). Due to this and in the interest of a collaborative approach it could be an idea if the psychiatrist or approved mental professional could attempt to engage with Simon and seek his cooperation (N.I.C.E 2009, Barker 2007). This would make gaining access easier, as it would then be consenting access, and it would reduce any “anxiety” and “fright” that Simon may endure. Thomas, Cutting and Hardy (2004) stress that if the patient distrusts their nurse they are less likely to accept help. Mc Cabe and Timmins (2006) point out that the focus of communication ought to be patient centred. This is important in developing and maintaining the therapeutic relationship between Simon and his carers (Peplau 1997, Rogers 1957, Barker 2007). While Nichols (1993) found that developing a therapeutic relationship with a patient can aid the treatment of patients, and help patients deal with a variety of illnesses and disorders.
Even though a less restrictive treatment path is recommended it is argued that the therapeutic relationship would be hindered whilst Simon’s paranoia is in the ascendancy (Johnstone et al, 1986, N.I.C.E 2009 M.H.A 1983). To help Simon with this positive symptom it would benefit Simon, and aid engagement with the nursing team, to restart Simon’s antipsychotic medication (N.I.C.E 2009, Perkins et al 2005). The use of coercion could be the reason behind Simon’s distrust of nurses and his non concordance (Kaltiala-Heino et al 1997, Bracken and Thomas 2001). This fear could also be a symptom of post traumatic stress disorder, brought on by previous forced admissions (Meyer et al 1999). The health systems use of the law to coerce could therefore be viewed as traumatising, negative and damaging to Simons future treatment concordance (Monahan et al 2001, Bracken and Thomas2001).
With relationship in mind the nurse could take a low profile approach due to Simon’s paranoia driving his distrust (N.I.C.E 2009). If one of the team did manage to gain Simons trust, and Simon did agree to the least restrictive course of action, that being, one of an informal admission to an acute psychiatric hospital. It could be argued that due to the nature of Simon’s illness this would be short lived and Simon would not stay or accept treatment from the nursing team (N.I.C.E 2009). Therefore the mental health capacity of Simon should be taken into account as well at this stage so that his admission does not become unlawful, as in the case of Bournewood NHS Trust (ECHR 2004, M.C.A 2005). This is because under common law informal patients have two basic rights. The first is that they may leave hospital whenever they like and secondly that they may refuse to accept any form of treatment that they do not want (Hogget 1996).
Given then this extremely complex and potentially volatile set of circumstances the Approved Mental Health Professional could, after assessing Simon’s behaviour, apply to the Magistrates Court for a section 135, to gain entry(M.H.A 1983, W.A.G 2008).
The magistrate has to be satisfied that Simon is suffering from a mental disorder as defined in the Mental Health Act 1983.The Magistrate also has to be satisfied that there is a reasonable cause to suspect that Simon has been, or is being, ill-treated, neglected or kept otherwise than under proper control, in any place within the jurisdiction of the justice or is living alone and unable to care for himself (M.H.A 1983). This would, if the warrant was granted, allow the police to force entry if necessary, so that a full and formal mental health assessment could be carried out (M.H.A 1983, W.A.G 2008).
It is not strictly a necessity though to have to carry out an assessment immediately on the utilisation of a section 135 warrant (M.H.A 1983). The police then have the power to transport and hold Simon for seventy two hours in a “place of safety”, which could be an acute psychiatric hospital (M.H.A 1983, W.A.G 2008). Once things have settled down and are less stressful for Simon, a full mental health assessment with the aforementioned team, Psychiatrist, General Practitioner and an Approved Mental Health Professional could be undertaken (Peplau 1997, Rogers 1957, Barker 2007, Nichols 1993, W.A.G 2008, M.H.A 1983).
On completing the mental health assessment, the assessing team need to decide the best course of action to suite Simon’s currant needs. This decision would ultimately be made by the Approved Mental Health Professional who has evaluate the social and medical evidence presented (W.A.G 2008). They would have to decide whether to admit Simon under a section of the mental health act 1983 and which section would best enable the nurses to treat Simon’s symptoms and build a therapeutic relationship, section2 or the more restrictive section 3 (W.A.G 2008).
If the two doctors agree that Simon is suffering from a mental disorder, and that this is of a nature or to a degree that, despite his refusal to go to hospital, he ought to be detained in hospital in the interest of his own health, his safety, or for the protection of others, they can complete a medical recommendation form and give this to the Approved Mental Health Professional (W.A.G 2008, M.H.A 1983). If the Approved Mental Health Professional agrees that there is no other alternative but to detain Simon in hospital, an application form requesting that the hospital managers detain the person could be completed (W.A.G 2008, M.H.A 1983). Simon’s period of assessment in hospital could then legally begin. Consensual treatment whilst under this Section, such as medication, is permitted but can also be given against Simon’s wishes under Section 2 assessment orders, as observation of response to treatment is considered part of the assessment process (W.A.G 2008, M.H.A 1983). This section would compulsorily admit Simon for a period of twenty eight days upon which it expires and cannot be renewed (W.A.G 2008, M.H.A 1983). Simon will have the right to appeal against this section and can apply to a Tribunal during the first fourteen days; the Tribunal should then take place within seven days of the application (W.A.G 2008, M.H.A 1983).
The main decision would be how to facilitate treatment given that Simon is unwilling to engage with the nursing team. With this in mind, the other possibility open to the Approved Mental Health Professional is compulsory admittance of Simon utilizing Section 3 of the Mental Health Act 1983 (W.A.G 2008, M.H.A 1983). This Section is a treatment order, and can initially last up to six months (W.A.G 2008, M.H.A 1983). It can then, if needed, be renewed after six months, the next order lasts up to six months and each subsequent order lasts up to one year (W.A.G 2008, M.H.A 1983). If Simon is admitted under Section 3 he may appeal to a Tribunal once in a six month period (W.A.G 2008, M.H.A 1983). The hearing usually takes place within six to eight weeks of the application.
One major difference is that for Section 3 treatment orders, the doctors must be clear about Simon’s diagnosis and proposed treatment plan, and be confident that “appropriate medical treatment” is available for him (W.A.G 2008, M.H.A 1983). Most treatments for mental disorder can be given under Section 3 treatment orders, including injections of psychotropic medication such as antipsychotics. However, after three months of detention, either the Simon has to consent to their treatment or an independent doctor has to give a second opinion to confirm that the treatment being given remains in the person’s best interests (W.A.G 2008, M.H.A 1983).
In conclusion, given these extreme circumstances the mental health professionals need to continually risk assess his behaviour to safeguard Simon. If Simon’s behaviour changes and, through dismantling the electrics, putting himself in danger, then the police could use their powers of entry. Being that Simon is reasonably settled though utilising a Section 135 is the route directed by the Mental Health Act.
The Mental Health Team already know Simon from previous successful treatment paths, hence he is currently living in the community. So the need for assessment and diagnosis does not imminently exist. Even though the use of coercion may be exacerbating Simon’s paranoia it is necessary to admit Simon using Section 3 of the Mental Health Act. This would enable the team to immediately restart Simon on his previously identified treatment path. Once this has been achieved and Simon’s symptoms have become more manageable for Simon the therapeutic relationship can be rebuilt and strengthened. The nursing team can collaboratively work with Simon to identify what led to this relapse and with Simon build a future plan to identify relapse signatures and discuss any problems Simon has, if any, with his medication regime.

Impact of New Media Technology on International Law

To what extent can it be argued that new media technologies have impacted on the structure of international news?
The concept of globalization has changed the way or perhaps the structure of international news and represents a key component in the media transformation. It implies that the new media technologies plays an important role in enhancing globalization by allowing mass flowing of information between countries and intercultural societies. However, the rise of citizen journalism and internet seems to challenges the traditional way of international news structure.

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First of all, globalization has made an impact on the editorial structure and content in international news structure. Globalization is best describes as a transformation process while the development of new media technologies like internet and satellite system is an important part it. Flew (2007) describes globalization as a process rather an outcome or a collective tendencies of economic, political, social and cultural relations across nation’s border. Therefore globalization creates new forms of international journalism, the political ideas, economic events and communication spread much more easily and widely than before. The global news system is driven by technology and spread through the different media form such as international news broadcasts, televisions programming, internet and even satellite radio broadcasting. In fact, Kperogi (2011) points out that foreign news and local news continues to co-exist but become networked and blended together, creating new form of journalism. However audience are still basically primarily concern on their own national news while national interests are still the main aspects in journalism. Holm (2001) agreed that the content in the international news structure was always about political and economic event in foreign countries. In that case, this foreign news is facing competitive pressures with the other sensualizes and entertainment news. However with the new media technologies such as satellite and cable system, more and more people are getting concerned about the issues happened around the globe. Foreign news is now known as global news; therefore new agencies have the need to expand news productions and developed a more professionalism practices in the news coverage. Reese (2010) argues that international news agencies have to position themselves within transnational relationships, while maintaining their norms and logics to engage with the local practices. CNN as an example, an US based satellite and cable channel, now has a specific column for international news coverage such as Africa, Asia, Europe and Middle East in the website. Therefore the selection of international news must not just reflect global interests but also address to the local community.
Likewise, globalization as a post-modern world phenomenon has eventually the shaped the role and practice of journalists to mediate the news between the nation and the global interest. As Volkmer (1999) argues that the globalization and journalism has reflected the new categories of media, practice, professionals, and content which they need to redefine into global perspective. Todays, every media people have the computer and internet access to international 24 hours news feed. The digitalization of information and the development of new media technologies with the capacity to store the information and permitting the convergence of information have contributed in spreading a global agenda. This evolution of news system has been seen in some of the international news agencies in the past 19th century such as Reuters and AP which had become the emergence of today’s modern global news system. Journalists and reporters are assigned throughout all over the world even the war zone like Palestine and Iraq with the objective to cover and report any significant live event happened in the country. The transformation in the structure of international news communication has created the perception of a shrinking world through intercultural connectivity. Thus people are getting more concern with the global news, especially when it has huge political, economic and social impact to the world. New media technologies allow the people to access to foreign news, while breaking news, live event and exclusivity have resulted changing demand in international news coverage. The reason is because people always wanted to be the first to know what is happening and it must be huge, example like the 911 incidents the people around the world are able connect to live news reporting but also in the same time they have also witnessed the second terrorist plan attack during the news reporting in the their TV screen as it is happening. International news reporting has expanded widely and can be received throughout the world. CNN, Al-Jazeera and even BBC do not just exist in their origin country; foreign operational offices also have been established across the world. Therefore, it could be argued that new media technologies and the Internet have stimulated this interconnectedness between countries and lead to the rapid spread of information, news, content and programming.
Furthermore as the media corporations expand globally, the structure and content in the international news become more and more saturated which people have been bombarded by different kind of political reinscribed messages. Basically, media consists of propaganda potential to narrow down the range of ideas in the public sphere and restrict debate among the citizens. McComb & Shaw (1997) describes media has the powerful influence in determine the agenda and highlight certain issue in the society. With new media technologies, these effects certainly become global and visible especially throughout this cultural sensitivity world. To illustrates this, Israel-Palestinian and middle-east conflicts are now the international central agenda, by consistently highlighting and broadcasting on going live events such as the war in Israel and Palestine, the international media create a new form of public sphere and awareness. However as media grow in scale and centrality in international news reporting, the degree to which media constructs the agenda in news become an issue. Reese (2009) argues that the notion of globalization leads to another way to describe Americanization, cultural imperialism and transnational capitalism. One of the assumptions is that the international news agencies are very much controlled by the political elite group in the western countries. Neither do they are not covering enough news in the developing countries, the international news are still very much constructed in a very selective and biased way. Furthermore, due to the commercialised and privatisation in the media, the competition among those media tycoons has been reduced to few with media corporations are largely concentrate on fewer owner. Therefore media today are moving across national borders and building alliances with local forms through conglomeration and integration. One of the very good examples perhaps would be News Corporation owned by Rupert Murdoch. With the subsidiaries in Europe, United States of America, Asia and Australia, Murdoch has successfully expanded his global media empire through the establishment of satellite TV systems (Flew, 2007). The international media system today is largely owned by Western Corporations, with not even single one is coming from developing countries. It would be wise to say that the current international news agenda is imbued with westernised ideology. For instances, the participation of the minority group such as the African American are very much underrepresented in the media while the hunger and poverty in South Africa seldom been highlighted in the international news agenda. It is perhaps these international agenda does not seem to create a political and economy interest to the westernised country. On the hand, the conflicts happened in the Islamic middle-east countries have been the central of the international news. This is because these people who own these technologies of satellite and cable system as well as the resources are basically the white magnates, who have the tied relationship with the ruling class members. Thus they have the direct power to control the content and agenda in international media. From the political economy perspective, new media technologies has been seen as propaganda tools by these political elite groups members to spread their ideology into international level. The international news agenda somehow has been pre-constructed by the representatives such as journalists, editors and political figures to protect the dominant westernised ideology.
Despite the media conglomeration impacted on the international news agenda, the rise of the new internet phenomenon, the citizen journalism, seems to challenge the traditional way of international news cover. In fact, Goode (2009) defines citizen journalism as a range of web-based practices whereby ordinary user engages in journalistic practices. These practices include current affairs blogging, photo and video sharing and even posting eyewitness opinion on current events in social network. Indeed, new technologies has eventually changed the practices of journalism while new digital media such as Facebook, Twitter, DIGG and even The Huffington Post have connected the world and lower the distinctions between professional journalists and netizen. Likewise Dahlgren (2005) points out that the internet has the potential to democratize the current public sphere and lead to strengthened political interest and participation among the citizens in a long term effect. With computerized technology, satellite TV and the Internet have contributed to the cost-effective communication which it stimulates the home-made news production phenomenon among the citizens without the contents of being filtered by the gatekeeper. Citizens can often report breaking news more quickly than traditional news agencies. Social media like Twitter and Facebook enable a powerful form of citizen journalism with live coverage of events such as the war in Israel and Gaza as it is happening. It is perhaps citizen journalism has been act as form of pre-alert form of news. As Reese et. al. (2007) argues that blogging and other social media have helped create an interlocking dialog between professionals and citizens. In fact, rather than competing against each other, professional media seems to take citizen journalism into account and are responsible to embrace their efforts. CNN with new media technologies allows the people around the world have to opportunity to contribute the unfiltered or uncensored video and text-based news report (Kperogi, 2011: 319). Furthermore this digitalised form of news allows rapidly retransmitted effect throughout the world while commentaries were available in the social media platform (E.g. Youtube video-sharing to Facebook). Such news and information sharing phenomenon eventually contribute to the development of meta-journalism, and offer diverse range of alternatives news sources in the internet. Therefore social media established a healthy form of public sphere where individual opinion can be heard and dialogue between the citizen and social institution could be formed.
In this sense, the international news agencies sometimes do rely on the information from the citizens, especially when they do not have direct access or footage to the news coverage of the event. Professional sometimes selects and edits user-generated content before it actually published online. Indeed new digital media beyond most of the media regulation and gatekeeper control enable to create democratic practices in international news structure. However the practices of citizen journalism still remains scrutiny. Goode (2009) argues that the online communities lack of professionalism and credibility in this participatory news production. Although internet enable new form of public sphere, by creating the opportunity to publicize criticisms and comments, and to engage in a continuous dialogue, the accuracy of the news still much be questioned. This is because everyone on the internet can write and post anything about any issues in the internet. Unlike the professional journalism, the news without gatekeeper can be written without based on any facts, while the photo footage we seen on the internet might not be true and have been reconstructed by any computer tools like Photoshop and Video editor. Basically citizen journalism does not empower individual in any perspective. Again with the Israel-Gaza conflicts, the citizens in the country used twitter to routinely update about the news with the Hashtag features available (e.g. #IsraelGaza), but it still would not change anything. Therefore the credibility and objectivity of citizen journalism somehow still need to examine.
In conclusion, international news structure has been deeply affected by the new media technologies in the process of globalization. Media, practice, professionals, and content have to restructure into global perspective. While majority of the international news agency are owned by Western Corporation, new media technologies are essential propagate to shape the ideological agenda into international level. The rise of citizen journalism on the other hand creates the opportunity for the public participation in news production which public opinion and dialogue between the citizen and social institution could be formed. Therefore, new media technologies to certain extent still plays a critical role in helping international news organization act as a watchdog to monitor issues around the world.
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