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Law in societies: Encounters vs. Anarchy

David Ceasar Wani

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In this essay I will discuss the purpose of law in society but before I go further law refers to the system of rules that a particular country or community recognizes as regulating the actions of its members and may enforce by the imposition of penalties.

Some human beings can be aptly described as weak willed animals. They are easily influenced by the slightest sight or sniff of power and money. This originates from insatiable greed. Greed that can sometimes make even the iron willed loses their head. How many stories have we heard since our childhood where many “heroes” lost their way to the path of glory by being trapped by greed?

Our one aim in life has always been to find balance and serenity in our lives. A utopian society envisages a vision where people govern themselves. People trust each other blindly. They achieve happiness. People set their goals, lead disciplined lives and achieve anything they set their sights on They are able to live their lives to the fullest and all the time feeling secure about it.

However the vision, unfortunately, exists in an ideal world which frankly is almost the opposite of today’s real world. Our realistic society is heterogeneous mixture of all kinds of people, people who look to disturb the balance of the natural society. It is here that law plays a very important role in restoring that delicate balance back to the society and making the lives of the people living together cohesive. It is here that law helps to maintain the morality of the people as individuals as well as the society as a whole.

World without Let us imagine a world without any law to punish the wrong doer. Let us assume that the society has till now lived an honest life without any kind of betrayal. Suppose a person, in greed, steals a valuable item from his neighbor’s house. He isn’t punished but everyone knows what he has done. Some naive person, probably a youngster witnesses this and is tempted to steal because he knows there are no repercussions. This develops into a never-ending chain endangering the very foundations of the society.

Another example might be a survival situation. A group of people are stranded on an island with twenty days of food and water. They know that a rescue team will reach them on the twenty first day. They carefully divide the food such that they get the necessary nourishments by the time they are rescued. A person, out of greed for more, sneaks quietly and consumes two days of food meant for the whole group. When the group discovers what has happened they confront the person who cunningly reasons with the group that there was no rule or law which forbade eating more. As the group consisted of educated men and women, both young and old, they knew his reasoning was correct and they could not do anything to get the food back. As a result, they starved for two whole days during which a few old people fell ill and could not make it.

Law is essential and many do ask why and how but Law is essential in the society and it is there to guide the society towards happiness without bloodshed and in peace and harmony. Law helps us to restrain ourselves in times of great thirst for more money or power. It curbs our greed reminding us that there is someone or rather something out there ready to punish us if necessary. It helps to restore the balance in the society and bring justice to the victimized. The greatest thing about law is that all are equal before it. No man is rich or poor in the eyes of the law. No man is more powerful than the other in the eyes of the law. Law helps to regulate the behavior of the people. It prevents us from descending into anarchy.

Law is dynamic. It is constantly adapting to the changing times so as to close all the loopholes that may be left due to human error. Our Preamble states the ideals of justice liberty sovereignty fraternity and equality which constitute the basic foundation of Our Constitution. However, without law these ideals will be constantly shattered. There will be nothing to protect these ideals.

In a world where ‘survival of the fittest’ is prevalent, and looking at the size of human population we can say only one thing. Law is needed for survival. We cannot go against each other as it will definitely lead to destruction. Law plants an element of fear which may prevents in killing of fellow human being. It gives each one his or her own share, what they deserve.

Laws tell us what to expect as consequences as a result of our actions. It makes us look before we leap. It is there to protect and to destroy. It restricts people who get carried away due to the freedom given to them by the absence of law if this is the case. They know one abuse of the law will affect them economically, mentally and physically. Some exceptions may be found but this is applicable for the majority.

In addition the natural law which can be refers to Mother Nature herself which follows many rules and laws which help in the sustainability of this world and the life which flourishes on it in abundance. Every living organism, from the tiny unicellular amoeba to the biggest animal the blue whale follows a set of laws to survive.

Let us take the examples of honey bees. They follow the orders of the queen bee and visit hundreds and thousands of flowers to carry the process of pollination which helps in reproduction of these plants. They have to follow a set of rules or laws which will help in this important process. If one of them breaks the law, they are ordered to leave the bee hive. They cannot join another hive nor can they return. It is as good as giving them a life sentence. This life-threatening situation helps to keep the honey bees in check and brings order into the hive.

Same can be said for the birds which migrate every winter or summer depending upon their pattern. They have to follow a set of rules or laws which will help them navigate their way. One abuse of these laws can lead to cases extreme to death.

When in the modern society our modern society has become quite educated and the main question that arises from them is that who has the authority to form these laws which imposes a restriction on their lives. They question and debate upon the authority that makes these laws and rightly so. Once they are satisfied with the authority they know that their lives are secure and they are free to concentrate on their aims and dreams in life. Law is there to attempt to balance the needs of individuals against the needs of the majority. We accept responsibilities, we renounce some of our freedoms (not kill others, not harm others, not steal from other members of the society) to receive in return the benefits of society (not being kill by others, not being harm by others, not being robbed by other members of the society).

Law helps in removal of social stigmas such as dowry and untouchability. For example, in some Constitutions, it talks about untouchability and even though it still exists today, the number of cases has comparatively gone down a lot. This is just one example that law can have in a society which is not perfect, a society where human beings fight, and abuse and kill their own species. This is how law helps in protection of the underprivileged.

Furthermore Law plays a significant role in producing successful societal functions around the world. Law helps regulate social behaviors, ultimately leading to society running efficiently. Without laws, society would have no ethical boundaries or standards, no rules or measures, nor any means of settling even the simplest disputes. Law helps keep the peace in society through governance and standards set forth by all voting citizens. All functions of law in society include peacekeeping, promoting personal freedom, regulating government power, promoting economic growth, promoting social justice, and protecting all of society and the environment. It is important to remember without laws to govern the actions of people in society, it is highly likely all social structure and commerce would collapse. If one can imagine what life would be like if every prisoner in the world were to be released back into society that would be about how unsafe and dysfunctional society would be without laws (Melvin, 2011).

Law and Society The function of law in a society is more or less universal. It acts as a deterrent to control the evil and treacherous behavior of humans, to maintain discipline and imposes restrictions on some freedom. We live in a chaotic and uncertain world. Without an orderly environment based on and backed by law, the normal activities of life would be lacerated with chaos. Law is a social norm, the infraction of which is sanctioned in treat or in fact by the application of physical force or by a party possessing the socially recognized privilege or so acting. It provides a society with order and predictability, resolving disputes, protecting individuals and property, providing for the general welfare and protecting individual liberties. Law and the predictability it provides cannot guarantee us a totally safe world, but it can create a climate in which people believe it is worthwhile to produce, venture fort, and to live for the morrow. It prevents the state of nature, which would be total anarchy had there been no laws. Societies today are more complex and interacting. Maintaining good order and discipline have far reaching implications on a society’s prosperity. Laws are in acted daily throughout different societies for the protection and security of individuals, property, businesses and states. It permits an orderly, peaceful process for dispute resolution and provides us with the programs to establish and enable corporately, what would be impossible, or at least prohibitive, to do as individuals. Laws should be designed to protect the individual personal and civil rights against those forces, which would curtail or restrict them. Some examples of this are freedom of speech, religion, the press, the right to a fair trial and the freedom from cruel and unusual punishment. In the United States the respect for the law is paramount and disobedience to the law.

In conclusion it can be implied by common sense that law helps us to survive as a society and it is convenient. Convenient is comfortable and humans look for comfort above all things apart from happiness. Also law helps in getting rid of the social barriers that exist in our society. Through law we survive yet thrive. Hence law is necessary in a society.

DAVID CEASAR WANI, South Sudanese with a master’s degree in International Relations from Jilin University China, and correspondingly graduated with honors from Cavendish University Uganda with bachelor degree in international relations and diplomatic studies. Diplomat, scholar, currently working with a company as Director of Administration.

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New Social Compact

Marcia Andrade Braga: A ‘stellar example’ of why more women are needed in UN peacekeeping

MD Staff

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Brazilian peacekeeper Lieutenant Commander Marcia Andrade Braga serves in the UN Multidimensional Integrated Stabilization Mission in the Central African Republic (MINUSCA). Photo: MINUSCA

Training gender advisors and focal points in the Central African Republic (CAR) has earned a Brazilian United Nations peacekeeper a special gender advocate award, it was announced on Tuesday.

Secretary-General António Guterres will bestow naval officer, Lieutenant Commander Marcia Andrade Braga, with the UN Military Gender Advocate of the Year Award during the 2019 Peacekeeping Ministerial conference due to be held at UN Headquarters in New York this Friday.

“UN Missions need more women peacekeepers so local women can talk more freely about the issues that affect their lives”, said Lt. Cdr. Braga.

“I am so proud to be selected”, she said, upon receiving news of her award, also expressing gratitude to her colleagues in the UN Stabilization Mission in the Central African Republic (MINUSCA).

Serving as the Military Gender Advisor at MINUSCA Headquarters since April 2018, Lt. Cdr. Braga has helped to build a network of trained gender advisors and focal points among the Mission’s military units and promoted mixed teams of men and women to conduct community-based patrols around the country.

These “Engagement Teams” were able to gather critical information to help the Mission understand the unique protection needs of men, women, boys and girls, which in turn helped develop community projects to support vulnerable communities.

Projects include the installation of water pumps close to villages, solar-powered lighting and the development of community gardens to cut down the distances women have to travel, to tend their crops.

Lt. Cdr. Braga is also a driving force behind MINUSCA leadership’s engagement with local women leaders, making sure that the voice of Central African women is heard throughout the ongoing peace process.

Moreover, as a former teacher she has also helped train and raise awareness among her peers on gender dynamics within the Mission.

Jean-Pierre Lacroix, who heads the UN Department of Peace Operations, spelled out: “Marcia Andrade Braga is a stellar example of why we need more women in peacekeeping: Peacekeeping works effectively when women play meaningful roles and when women in the host communities are directly engaged”.

Created in 2016, the UN award recognizes the dedication and effort of an individual peacekeeper in promoting the principles of UN Security Resolution 1325 (UNSCR 1325) on women, peace and security, which underscores the “3 Ps”, to prevent conflict; protect women and their rights during and after conflict; and to increase the numbers of women participating in all mechanisms, to prevent and resolve conflict.

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New Social Compact

Davos: The Other Side of the Mirror

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It has been a couple of months since I was hanging out in Davos learning about this year’s World Economic Forum.  Perhaps I have a unique view, because I am the founder of Peppr and Ohlala, described as “the one dating app where everyone’s intentions are very clear.”  and the person said to be responsible for the #escortgate controversy, in which paid escorts showed up at one of the world’s most exclusive investor conferences in Berlin in 2016. I am also the author of the statement that “We all have sexwork to do,” I follow up on all conversations related to escorting and sexwork, which I deliberately call “paid dating.”

I have been following up on the conversations ever since: about world leaders said to be not acting as role models (or acting as bad role models), about the hypocrisy over sustainability, philanthropic models or the proposals to adjust taxes for the wealthier among us to secure a basic standard of living for all, a conversation the ones directly affected seemed to be avoiding.

Davos, as we know, brings together so many of the world’s most powerful leaders –parleys occur, deals are made and opportunities appear that likely don’t ever arise elsewhere. And among these deal makers are people whose drive takes other avenues. 

As one woman was quoted as saying: “It’s the kind of place where if a woman turns away to exit a conversation and looks back just quickly enough, she’ll find her posterior aesthetic being carefully dissected by the man who just asked her for her business card — even if he is the CEO of a major bank. When we weren’t being asked how we got here, we were constantly being stared up and down by CEOs, hedge fund managers, finance ministers and embassy heads.”

However, I am still a bit confused about the opinionated statements that were going on this year after Davos. It’s the same debates and thoughts we had around #escortgate.I have been wondering how to productively progress the conversation around this morally, emotionally loaded topic, because clearly we are running around in circles.

What I have seen is a whole lot of personal, subjective judgments of people sometimes labeled as “escorts” and how they are not supposed to be around in places like Davos. I had hoped for a more deliberate thought-through conversation, a dialogue, but mostly what I read stigmatizes and judges people on their very personal choices and agreements: how they want (or have to — as most of us do) to make money, to afford a living.

“I don’t want to be mistaken for a prostitute”

You might wonder which conversations or statements I was so confused about. First, about the existence of escorts at the Forum, by a young woman named Baillie Aaron:

“And then I heard the whispers of what happens at night, at the parties, in the hotel lobbies and at the famous Piano Bar where it was an unspoken understanding that some men ‘took off their wedding rings.’ Almost all my male colleagues commented on the presence of female escorts at these venues, many of which were guest-list only, or required a hotel badge to access. A quick online search displayed a number of articles confirming that the existence of and easy access to escorts at Davos is nothing new, and what for some delegates, could be a strong motivator to attend.” Statement found here.

Demand creates supply. It’s as simple as that and from an economic standpoint, I do understand wo/men going there to seek business, in any sense. Also, on that particular one.

However, I wonder: What is so bad about the “existence of and easy access of escorts” in the first place? Why shouldn’t there be men or women who get paid to date at the World Economic Forum? If it’s true, maybe some men took off rings because they are in an open marriage? Why would you care about someone else’s choice? (Unless you are the wife of that person and you have a personal private agreement to stay physically faithful and not take the ring off.)

In Switzerland, at least, if there really were some men or women paid to have sex, it would be legal and regulated — not even a breach of law. For me, these workers should be as much part of the conversation as anyone else in Davos.

Actually, given the current political environment in the US around the topic of sexwork, they should definitely be part of the conversations, because this industry screams:“Please reinvent me and improve circumstances for those who are not protected. Make it safer for everyone involved.”

Some politicians already seem to be having a change of heart. Decriminalization is their way forward. Going along with all the standing proposals of Amnesty International.

What else has been subject of the realm on feeling “unsafe” or “discriminated” at Davos.

I look and check bodies all the time myself, with men and women. I can appreciate a beautiful person without having the urge to hook up. We do checkout people all the time — on Instagram and Facebook. But we are not allowed to look in real life? Everyone does it. Recently, I have found myself with other people in the office kitchen wondering how cute the new intern is. #Wetoo do it.

Third quote about warnings regarding sexual harassment

“At the Davos opening Women’s Reception, with some male allies in attendance, I asked a question: Why is it that in 2019, young female delegates are forewarned about sexual harassment — as if it’s our responsibility to protect ourselves — but the delegates themselves aren’t given training on how (or why) not to harass? There was no answer, other than a murmuring recognition that it was a known issue: many of the women who attended in past years had personal experience of sexual harassment.”

What is actually sexual harassment?Can we come up with a definition?Does sexual harassment go both ways?Where does it start?Where to draw the line?

There is always two sides of the story and I feel like, in the realm of the “gender narrative debate” (certain traits assigned to genders because of a gender), we need to let both parties speak in order to find a common ground. What one attempt-to-hit-on-someone finds okay, another may feel totally offended.

Of course we could be confused anyway. Every third relationship evolves in a work-related context. So that means, including these events, it could be a dating market as well, right? Personally, 90 percent of my time, I am surrounded by people with whom I somehow work together. The chances that I meet someone that I want to partner up with is high. So naturally, events like this also create a space where I might get to know someone for a night, maybe more.

I understand, there are certain limits: If someone runs up to someone during the day time event in a straightforward business context and does a pussy or penis grab (Presidential style?), I understand negative sentiment. But if people (yes, men AND women) hit on each other in a Piano Bar to romantic music at 2 in the morning, after a couple of glasses of wine or even four gin and tonics, where people go to hang loose and left the laptop in their hotel room, you cannot possibly be surprised that this is happening.

Again, it goes both ways. We all forget our manners sometimes, when we are drunk (or high, or whatever). On a personal note: The most aggressive hit on me ever was by a drunken woman, not a man.

“I think about what I wear more because there are a lot of prostitutes in Davos, especially at the Piano Bar,” one woman said, referencing the popular late-night hot spot. “I don’t want to be mistaken for a prostitute.”

When we gender mainstream almost everything, even adjust anthems of countries, toilet signs, why don’t we just get rid of that particular word too? Or best: all of them: escort, prostitute, whore. Those devaluating terms are connected directly to women. We will not evolve in any of the conversations if we use preconceived terms. We need to let go of these terms.When we talk empowerment, we need to empower all women (or people in general). That certainly includes also those who get paid to date.

I would like to start proposing a couple of solutions and quick fixes.Here are some ideas that I would like to propose as to how to progress in this entire discussion:

Power of perception: Could you, instead looking down toward this type of entrepreneur, take it as a compliment?Flip the coin. Be bold and brave. So what? Maybe that person misread the signs? If he/she thinks you want to be paid to date: just say. ‘No, I don’t‘.  This way you are still respecting other people, especially women who do this — as a personal choice entering into an agreement — and you maintain your own integrity. Problem solved. That I find acting out of a position of power, instead of victimizing yourself.

Let’s stop gender blaming!People can have female and male traits. This makes the whole gender debate almost irrelevant. This is “how men are” or this is “how women are” is simply stereotyping our way to further separation. Even the Davos Vanity Fair – as my legendary professor Anis H. Bajrektarevic calls the WEF – advocates the gender neutrality.

This whole finger pointing and mansplaining doesn’t solve anything but create negative sentiment because we simply sometimes don’t know anymore as to how to behave in certain contexts. I feel like the whole dynamic is ruled by fear, as to what we are not supposed to do, instead of relearning how we can handle each other in certain contexts. Reframe it in a positive way. Look at it as a chance or opportunity.

And it goes both ways, this #metoo. We have to find a common ground towards a #wetoo. From he said, he did, she said, she did. We need to evolve to a “#wetoo are going to solve this together.”

3. Education is key.We need proper training of all sorts on how to handle each other. Why not invest in our (work) relationships?

Maybe we need to elaborate a guideline. We could design a new sort of “Knigge” or a Code of Conduct on how to behave in a work-related context. This could help navigate through some uncertainties, especially if cultures vary across borders and continents.

Or maybe even a defense class to train people for difficult situations. For example: I had a compulsory defense class in middle school. We were trained by really big guys to defend ourselves. The impact in my life? I always feel/felt safe, because though I might be physically inferior, I know some really important tricks. It gave me a lifelong confidence.Maybe that’s what we all have to learn at the end of the day: articulate our intentions properly and (be able to) show the limits.

Imagine a world, free from personal judgement, where “it” would be decriminalized. People active in this field could seek help if they needed it and would pay taxes. The proceeds of the taxes could be used to combat negative forces within this market.

That for me, is a desirable future. One I would like to help shape.What do you think?

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New Social Compact

A Calamitous Week

Dr. Arshad M. Khan

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Something is infinitely wrong in the picture, a juxtaposition of polar opposites:  New Zealand, a country of unfailingly courteous and kind people, and an extremist terrorist killing 40 Muslims at prayer.  Of course, modern guns made it possible, a hate-filled extremist of Australian origin set the stage, and a country not familiar with such violence — thus an easy target.  All together they broke the proverbial camel’s back.

My own experience of New Zealand — visiting universities and delivering the occasional lecture as academics do — was uniformly pleasant.  It was as if a piece of 1950s England had been sliced off and transported to the Pacific, down to the egg, sausage, bacon and tomato breakfast.  The numerous small kindnesses of the people one met left a warm glow.

I was therefore, quite unprepared for Australia, the only country where I have been taken aside into a room to be grilled by an immigration official for what seemed an eternity.  People are people:  The hotel receptionist was welcoming and helpful.

At the Sydney Opera House, Joan Sutherland was appearing in The Daughter of the Regiment to a sold-out first night.  As luck would have it, a ticket return was my ticket in .  Quenching a thirst during intermission, the withering looks of fashionably-dressed matrons is now an aide-memoire.  Otherwise, I might have forgotten, as I have, for example, the performance at Schloss Schonbrunn outside Vienna.

Universities are different of course, and students and professors tend not to harbor such prejudices or exhibit them within the ivory towers.  The conference was much like others.  Australians in person seem friendly, unselfconscious and lacking the class prejudice common in England.  I must add that I have counted quite a few as friends and academic colleagues over the years.

President Recep Tayyip Erdogan’s outburst at New Zealand following the shooting was a trifle premature.  Of Turkish origin, 40-year old Gorkmen Tanis opened fire inside a tram in Utrecht, Netherlands killing 3 and wounding 3 others.  Hate and more hate in a world of conflicting values and customs, coming into sharper focus as people travel outside their own countries (and comfort space) in quest of greater economic reward.  Necessity or greed, opportunism or adventure, each individual has his own motivation for leaving home. 

The situation is not improved by jingoist politicians exploiting it during elections or otherwise (Modi in India or Trump in the US) trying to boost standing with their base support.

Calamities other than from the barrel of a gun but perhaps not unaided by human hand gave us an historic deluge mid-March, flooding almost the whole state of Nebraska.  Rich countries have the resources to limit deaths in these catastrophes but not the devastation and the ruined lives of those who have to start all over again.  In Mozambique, however, President Felipe Nyusi fears the death toll will be far higher than the present 200 estimate in the aftermath of cyclone Idai which hit the port city of Beira.  We are told it is possibly the worst storm ever to hit the southern hemisphere; its path of destruction enveloped Zimbabwe, Malawi and of course Mozambique.  In addition to the deaths in the latter, another 150 at least have perished in the other two countries, and thousands injured.  The inundation and loss of crops are expected to impact the lives of more than 2.6 million people.  

Calamities engineered by man or by nature aided by man are the story this week.  Can we change? 

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