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New Social Compact

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

Gender and Climate Change: Where are we and what next?

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credit: UN photo

Climate change affects women more profoundly than men. Often, women bear the brunt of extreme weather events because they lack economic, political and legal power, especially in developing countries.

Because of cultural barriers and their lower economic status, women often have fewer assets to fall back on than men. They are largely absent from decision-making because of unequal participation in leadership roles – further compounding their vulnerability. So when it comes to coping with climate change, women usually have fewer adaptive strategies than men.

The women who live in poor rural communities use natural resources in a different way than men because they possess fewer assets.  It is women, for example, who are responsible for collecting firewood, fetching water, growing food – or foraging for it – making them more vulnerable to the climatic changes that affect these resources.  So the international community must pay attention to gender dynamics when it develops climate change policies and puts them into action.

International recognition – where are we now?

International frameworks are beginning to incorporate a gender dimension into action on climate change. The UN Framework Convention on Climate Change (UNFCCC) emphasises gender balance and increased participation of women in its processes and in national delegations. It also calls for the development of gender responsive climate policies at all levels.

Gender is also getting more attention at climate change conferences.  In 2014, at COP20 in Lima, a Programme of Action on Gender was established ‘to advance implementation of gender-responsive climate policies’. The Paris Agreement of 2015 acknowledged the importance gender equality and empowerment of women in climate action. In 2017, COP23 established a Gender Action Plan.  So there is forward momentum.

And with developing countries calling for more money to address climate change, there is also an increasing emphasis on gender-responsive budgeting. The Green Climate Fund – the largest international fund for countering climate change – is shifting towards a more gender-sensitive approach and recently developed a Gender Policy and Action Plan.

The Commonwealth, gender and climate change

The Commonwealth has a long history of championing small states, women and young people.  In 2015, the Commonwealth Summit introduced a Women’s Forum to amplify the voice of women and raise key gender issues to leaders. Gender and climate change issues gained further momentum at the 2018 Summit in London, when heads of government committed to accelerating action to achieve targets under the Paris Agreement and the Women’s Forum called for the Commonwealth to take gender into account in addressing climate change.

Gender and climate change is one of four gender priorities of the Commonwealth.  That means the Commonwealth is shaping its work to reflect gender considerations.  However, more can be done to build on synergies and collaborate with partners to increase support to small and vulnerable states.

What next?

The urgency of climate change requires more progress at a greater pace. Increasing the participation and engagement of women in addressing it is a first and critical step.  I look forward to seeing progress and will follow discussions on the Gender Action Plan at COP24 in Poland later this week.  Even more important will be the first report on its implementation in 2019 because – as they say – the proof of the pudding is in the eating.

Sharing experiences and learning from what is already happening is important in understanding gaps and challenges and in developing better responses and strategies, so I would love to hear your thoughts and experiences on this topic. Are there challenges and lessons learned that you feel are important and that can shape the agenda moving forward, especially in the Commonwealth?

The Commonwealth

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New Social Compact

Young Voices Program: Global Space for Youth Empowerment

Rattana Lao

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Young people matter. Not just because they can be powerful constituencies to recruit or consumers to develop. They matter in their own right and their growth is fundamental for the future stability and civilized success of societies, countries, and the world.

Unfortunately, a space for them to be themselves – to express and explore their own thoughts and to learn to articulate their own voices – is limited, especially on a global scale. Within the limited spaces available, most are politicized if not outright commercialized. Too often, youth have been used as vehicles for narcissistic adults, power-hungry politicians, and greedy conglomerates. In other words, around the globe grownups have maximized, exploited, and manipulated the power and potential of the young, all supposedly in the name of ‘youth.’

With seventeen years of experience in educational and youth empowerment projects in Thailand and Asia, I have witnessed how these exploitations take place. Politicians talk about the importance of education, but only in terms of gaining votes for themselves. Political transactions are not bad in and of themselves, if the votes can bring about better schooling, equal opportunities, and gender equity, just to name some rightful benefits. More often than not, however, these talks on education are shallow rhetoric that cease to impact reality after the votes have been dropped into the ballot boxes.

The commitment to education is there, don’t get me wrong. Countries spend billions of dollars on it. But the commitment for youth excellence, for the articulation of original youth analysis, is lacking. More space is needed for youth to express themselves, their concerns for their society, and debate the ideas openly and civilly. Elite schools have done this for centuries – bringing the best and brightest minds together in a room to debate and articulate their thoughts. But with the internet, online spaces have become critical in creating opportunity for youth dialogues and learning spaces. But now the online arena also carries with it dangers: we need to create spaces that provide enlarged, engaged, and equitable venues for youth to participate in the important issues of the day, without fear of retaliation, retribution, or politicization. More youth need to get involved in expressing their ideas on issues that matter to them, to truly become globally-engaged citizens now. This is not so much about a virtual ‘safe space’ as it is a declaration of creating virtual engaged spaces. These are too few and far between in today’s world.

Thus, increasing quality online courses make quality learning fairer and more accessible to youth worldwide. This is why we propose the creation of an online platform on Modern Diplomacy, one of the most vibrant e-magazines in Europe, with massive followers far beyond it. This MD platform believes in the freedom of expression and sharing of ideas. It will allow youth – students across the world in all types of institutions – to not just share their ideas but have opportunities to engage with their own readers, creating a vibrant dialogue and budding global youth network.

Professor Anis Bajrektarevic, professor of Law from the University of Vienna and Chairman of Modern Diplomacy, put it bluntly by saying we are in a crisis of the “cognitive:” namely, there is a dearth of “cognition.” In some circles, the talk already flows about the existence of a “cognitive war:”

“To address this issue, we need to rethink our global intellectual flow, create information pathways for youth to create their own narratives beyond traditional convention so they can articulate themselves, learn to become self-assured, and explore their boundaries and limitations”.

With this new MD platform project, youth can write about current affairs, contest theories, or share their own original creative trajectories. They can learn from each other by being engaged and reading new ideas not as a form of competition but as a spur for new intellectual growth. In addition, they can get feedback to improve their writing from a team of international, experienced, and well-articulated youth editors. Aditi Aryal, one of the editors for the MD Young Voices program, is an experienced and highly-regarded international writer. Growing up in Nepal and India, she has extensive experience in writing, addressing social taboos, and gender restriction in the South Asian context:

“Modern Diplomacy is a huge platform that permits the expression of unfettered ideas and opinions. It has always been a vibrant platform that allows writers to express freely without having to face backlash, judgment, or censorship. As I began my writing journey with Modern Diplomacy, I grew not only as a writer but also as a thinker. It has always supported my quest for expression of ideas without obstructions. I have found in Modern Diplomacy a secure space that has nurtured me, my writing, expression, and thoughts. There could not have been a more conducive platform for this growth that I have seen in myself”.

Another leading editor is Selene Sandoval, graduate student at Teachers College- Columbia University. Being a first-generation student of color to attend college in her family, Selene brings a passion for education, equity, and social empowerment. An experienced writer and tutor, she can help train and inspire other young writers to express and articulate themselves:

“My current belief for youth is that we have a voice stronger than we might realize. That is why it is essential for students around the world to research and be involved in issues that are affecting our generation, whether it be education, politics, or social issues. Students have historically been at the forefront of radical shifts in society by expressing their opinions on such issues like civil rights. Not only is it a way to express your opinion on current events and news around the world, but it is a way to grow as a writer. Writing as a basic skill is fundamental because it is part of every field. The more we are able to effectively communicate our ideas through writing, the more we are able to develop our professional careers. Modern Diplomacy can be the platform where you express your interests in a way that may be palatable for other youth to read and understand.”

‘Young Voices’ as a platform requires space where the communication and interaction of minds and ideas flow freely without judgment. By learning and engaging dissimilar perspectives and engaging in healthy debates and discussions, across all analytical disciplines and geographical locations, we welcome any age group to be participants! We at Modern Diplomacy seek to provide young people a constructive and cohesive community to build around them, based on the freedom of expression, intense analysis, and rigorous, rational thought.

Articles selected will be published on Modern Diplomacy online and the best articles will be published in our geopolitical Ebook series.

Articles can be submitted for reviews at mdyv[at]moderndiplomacy.eu

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New Social Compact

The need for speed on modern slavery

Dr. James Cockayne

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Three years ago, world leaders committed to take effective measures to end modern slavery by 2030. By the best estimates, there are around 40.3 million people in modern slavery. Reaching that goal would mean 9,127 people being removed from or prevented from falling into modern slavery each and every day between now and 31 December 2030.

How close are we to meeting that proposed rate of change? Until now, the short answer has been: we don’t really know. There has been no centralized place to access information on the rate of change towards this goal.

That changed on Sunday, the International Day for the Abolition of Slavery. Delta 8.7 – a project of the Centre for Policy Research at United Nations University – began publishing country data dashboards measuring the change towards this goal.

These dashboards bring together the best available data on modern slavery, forced labour, human trafficking and child labour for each country. They also provide contextual information, including details of what each country is doing to bring these numbers down, and links to relevant legislation, national action plans and social protection arrangements. Over the coming months, more of these dashboards will be steadily rolled out.

So what do these dashboards tell us?

First, the dashboards suggest we are nowhere near the rate of change needed to meet the goal of ending modern slavery by 2030.

Even the countries that are performing best, with double-digit reductions in child labour, are not achieving the sustained reductions needed to meet the 2030 targets. Until we have more complete country coverage it will be too early to draw conclusions on a ‘global’ reduction rate, but the signs from the first set of dashboards are that a steep increase in reduction rates is needed.

Second, they show that we need to rapidly improve our ability to measure these reduction rates.

Most of the countries covered have reliable data only for child labour. Our ability to measure reduction of modern slavery, forced labour and human trafficking is much weaker. That stands to reason: countries have invested more, over a longer period, in measuring child labour. Only recently have they begun to invest in efforts to measure modern slavery and forced labour with the same scientific rigor.

There are promising signs on this front, though. In October national statisticians from around the world agreed a new method for measuring forced labour, which should make better data available in the next few years. The UN’s Office on Drugs and Crime has also been working with countries to strengthen measurement of human trafficking.

Third, the country dashboards suggest that there may be lessons from the effort against child labour for the fight against adult forms of modern slavery, forced labour and human trafficking. Some of the reductions in child labour identified in the dashboards are impressive – for example, child labour decreased 59% between 2002 and 2015 in Brazil, while in Argentina it decreased 31% in just one year between 2011 and 2012. Figuring out ‘what worked’ in the fight against child labour may be instructive as we seek to identify ‘what works’ in the fight against modern slavery – and scale it up.

Generating this type of knowledge can take time. Starting in February 2019, the project will work with partners to accelerate the knowledge-generation process on ‘Code 8.7’, by bringing artificial intelligence and machine learning into the equation. Computational science offers a way to accelerate the process of understanding what works to end modern slavery.

Ultimately, however, it will be up to world leaders to learn these lessons – whether generated by artificial intelligence or the old-fashioned human kind. Unless world leaders accelerate their own learning and efforts, chances are, we will not come close to meeting their lofty goal.

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