Vampire Academy Chapter 10

TEN â€Å"EXCUSE ME, MR. NAGY? I CANT really concentrate with Lissa and Rose passing notes over there.† Mia was attempting to distract attention from herself – as well as from her inability to answer Mr. Nagy's question – and it was ruining what had otherwise been a promising day. A few of the fox rumors still circulated, but most people wanted to talk about Christian attacking Ralf. I still hadn't cleared Christian of the fox incident – I was pretty sure he was psycho enough to have done it as some crazy sign of affection for Lissa – but whatever his motives, he had shifted the attention off her, just as he'd said. Mr. Nagy legendary for his ability to humiliate students by reading notes aloud, homed in on us like a missile. He snatched the note away, and the excited class settled in for a full reading. I swallowed my groan, trying to look as blank and unconcerned as possible. Beside me, Lissa looked like she wanted to die. â€Å"My, my,† he said, looking the note over. â€Å"If only students would write this much in their essays. One of you has considerably worse writing than the other, so forgive me if I get anything wrong here.† He cleared his throat. † ? ®So, I saw J last night,' begins the person with bad handwriting, to which the response is, ? ®What happened,' followed by no fewer than five question marks. Understandable, since sometimes one – let alone four – just won't get the point across, eh?† The class laughed, and I noticed Mia throwing me a particularly mean smile. â€Å"The first speaker responds: ? ®What do you think happened? We hooked up in one of the empty lounges.' â€Å" Mr. Nagy glanced up after hearing some more giggles in the room. His British accent only added to the hilarity. â€Å"May I assume by this reaction that the use of ? ®hook up' pertains to the more recent, shall we say, carnal application of the term than the tamer one I grew up with?† More snickers ensued. Straightening up, I said boldly, â€Å"Yes, sir, Mr. Nagy. That would be correct, sir.† A number of people in the class laughed outright. â€Å"Thank you for that confirmation, Miss Hathaway. Now, where was I? Ah yes, the other speaker then asks, ? ®How was it?' The response is, ? ®Good,' punctuated with a smiley face to confirm said adjective. Well. I suppose kudos are in order for the mysterious J, hmmm? ? ®So, like, how far did you guys go?' Uh, ladies,† said Mr. Nagy, â€Å"I do hope this doesn't surpass a PG rating. ? ®Not very. We got caught.' And again, we are shown the severity of the situation, this time through the use of a not-smiling face. ? ®What happened?' ? ®Dimitri showed up. He threw Jesse out and then bitched me out.' â€Å" The class lost it, both from hearing Mr. Nagy say â€Å"bitched† and from finally getting some participants named. â€Å"Why, Mr. Zeklos, are you the aforementioned J? The one who earned a smiley face from the sloppy writer?† Jesse's face turned beet red, but he didn't look entirely displeased at having his exploits made known in front of his friends. He'd kept what had happened a secret thus far – including the blood talk – because I suspected Dimitri had scared the hell out of him. â€Å"Well, while I applaud a good misadventure as much as the next teacher whose time is utterly wasted, do remind your ? ®friends' in the future that my class is not a chat room.† He tossed the paper back on to Lissa's desk. â€Å"Miss Hathaway, it seems there's no feasible way to punish you, since you're already maxed out on penalties around here. Ergo, you, Miss Dragomir, will serve two detentions instead of one on behalf of your friend. Stay here when the bell rings, please.† After class, Jesse found me, an uneasy look on his face. â€Å"Hey, um, about that note†¦you know I didn't have anything to do with that. If Belikov finds out about it†¦you'll tell him? I mean, you'll let him know I didn't – â€Å" â€Å"Yeah, yeah,† I interrupted him. â€Å"Don't worry, you're safe.† Standing with me, Lissa watched him walk out of the room. Thinking of how easily Dimitri had thrown him around – and of his apparent cowardice – I couldn't help but remark, â€Å"You know, Jesse's suddenly not as hot as I used to think.† She only laughed. â€Å"You'd better go. I've got desks to wash.† I left her, heading back for my dorm. As I did, I passed a number of students gathered in small clusters outside the building. I regarded them wistfully, wishing I had the free time to socialize. â€Å"No, it's true,† I heard a confident voice say. Camille Conta. Beautiful and popular, from one of the most prestigious families in the Conta clan. She and Lissa had sort of been friends before we left, in the uneasy way two powerful forces keep an eye on each other. â€Å"They, like, clean toilets or something.† â€Å"Oh my God,† her friend said. â€Å"I'd die if I was Mia.† I smiled. Apparently Jesse had spread some of the stories I'd told him last night. Unfortunately, the next overheard conversation shattered my victory. † – heard it was still alive. Like, twitching on her bed.† â€Å"That is so gross. Why would they just leave it there?† â€Å"I don't know. Why kill it in the first place?† â€Å"You think Ralf was right? That she and Rose did it to get kicked – â€Å" They saw me and shut up. Scowling, I skulked off across the quadrangle. Still alive, still alive. I'd refused to let Lissa talk about the similarities between the fox and what had happened two years ago. I didn't want to believe they were connected, and I certainly didn't want her to either. But I hadn't been able to stop thinking about that incident, not only because it was chilling, but because it really did remind me of what had just happened in her room. We had been out in the woods near campus one evening, having skipped out on our last class. I'd traded a pair of cute, rhinestone-studded sandals to Abby Badica for a bottle of peach schnapps – desperate, yes, but you did what you had to in Montana – which she'd somehow gotten hold of. Lissa had shaken her head in disapproval when I suggested cutting class to go put the bottle out of its misery, but she'd come along anyway. Like always. We found an old log to sit on near a scummy green marsh. A half-moon cast a tiny sliver of light on us, but it was more than enough for vampires and half-vampires to see by. Passing the bottle back and forth, I grilled her on Aaron. She'd fessed up that the two of them had had sex the weekend before, and I felt a surge of jealousy that she'd been the one to have sex first. â€Å"So what was it like?† She shrugged and took another drink. â€Å"I don't know. It wasn't anything.† â€Å"What do you mean it wasn't anything? Didn't the earth move or the planets align or something?† â€Å"No,† she said, smothering a laugh. â€Å"Of course not.† I didn't really get why that should be funny, but I could tell she didn't want to talk about it. This was around the time the bond had begun forming, and her emotions were starting to creep into me now and then. I held up the bottle and glared at it. â€Å"I don't think this stuff is working.† â€Å"That's because there's barely any alcohol in – â€Å" The sound of something moving in the brush came from nearby. I immediately shot up, putting my body between her and the noise. â€Å"It's some animal,† she said when a minute went by in silence. That didn't mean it wasn't dangerous. The school's wards kept out Strigoi, but wild animals often wandered into the outskirts of campus, posing their own threats. Bears. Cougars. â€Å"Come on,† I told her. â€Å"Let's head back.† We hadn't gone very far when I heard something moving again, and someone stepped out into our path. â€Å"Ladies.† Ms. Karp. We froze, and whatever quick reactions I'd shown back by the marsh disappeared as I delayed a few moments in hiding the bottle behind my back. A half-smile crossed her face, and she held out her hand. Sheepishly, I gave the bottle to her, and she tucked it under her arm. She turned without another word, and we followed, knowing there would be consequences to deal with. â€Å"You think no one notices when half a class is gone?† she asked after a little while. â€Å"Half a class?† â€Å"A few of you apparently chose today to skip. Must be the nice weather. Spring fever.† Lissa and I trudged along. I'd never been comfortable around Ms. Karp since the time she'd healed my hands. Her weird, paranoid behavior had taken on a strange quality to me – a lot stranger than before. Scary, even. And lately I couldn't look at her without seeing those marks by her forehead. Her deep red hair usually covered them but not always. Sometimes there were new marks; sometimes the old ones faded to nothing. A weird fluttering noise sounded to my right. We all stopped. â€Å"One of your classmates, I imagine,† murmured Ms. Karp, turning toward the sound. But when we reached the spot, we found a large black bird lying on the on the ground. Birds – and most animals – didn't do anything for me, but even I had to admire its sleek feathers and fierce beak. It could probably peck someone's eyes out in thirty seconds – if it weren't obviously dying. With a last, halfhearted shake, the bird finally went still. â€Å"What is that? Is it a crow?† I asked. â€Å"Too big,† said Ms. Karp. â€Å"It's a raven.† â€Å"Is it dead?† asked Lissa. I peered at it. â€Å"Yeah. Definitely dead. Don't touch it.† â€Å"Probably attacked by another bird,† observed Ms. Karp. â€Å"They fight over territory and resources sometimes.† Lissa knelt down, compassion on her face. I wasn't surprised, since she'd always had a thing for animals. She'd lectured me for days after I'd instigated the infamous hamster-and-hermit-crab fight. I'd viewed the fight as a testing of worthy opponents. She'd seen it as animal cruelty. Transfixed, she reached toward the raven. â€Å"Liss!† I exclaimed, horrified. â€Å"It's probably got a disease.† But her hand moved out like she hadn't even heard me. Ms. Karp stood there like a statue, her white face looking like a ghost's. Lissa's fingers stroked the raven's wings. â€Å"Liss,† I repeated, starting to move toward her, to pull her back. Suddenly, a strange sensation flooded through my head, a sweetness that was beautiful and full of life. The feeling was so intense, it stopped me in my tracks. Then the raven moved. Lissa gave a small scream and snatched her hand back. We both stared wide-eyed. The raven flapped its wings, slowly trying to right itself and stand up. When it managed to do so, it turned toward us, fixing Lissa with a look that seemed too intelligent for a bird, its eyes held hers, and I couldn't read her reaction through the bond. At long last, the raven broke the gaze and lifted into the air, strong wings carrying it away. Wind stirring the leaves was the only sound left. â€Å"Oh my God,† breathed Lissa. â€Å"What just happened?† â€Å"Hell if I know,† I said, hiding my stark terror. Ms. Karp strode forward and grabbed Lissa's arm, forcefully turning her so that they faced each other. I was there in a flash, ready to take action if Crazy Karp tried anything, though even I had qualms about taking down a teacher. â€Å"Nothing happened,† said Ms. Karp in an urgent voice, her eyes wild-looking. â€Å"Do you hear me? Nothing. And you can't tell anyone – anyone – about what you saw. Both of you. Promise me. Promise me you won't ever talk about this again.† Lissa and I exchanged uneasy glances. â€Å"Okay† she croaked out. Ms. Karp's grip relaxed a little. â€Å"And don't ever do it again. If you do, they'll find out. They'll try to find you.† She turned to me. â€Å"You can't let her do it. Not ever again.† On the quad, outside my dorm, someone was saying my name. â€Å"Hey, Rose? I've called you, like, a hundred times.† I forgot about Ms. Karp and the raven and glanced over at Mason, who had apparently started walking with me toward the dorm while I was off in la-la land. â€Å"Sorry,† I mumbled. â€Å"I'm out of it. Just†¦um, tired.† â€Å"Too much excitement last night?† I gave him a narrow-eyed look. â€Å"Nothing I couldn't handle.† â€Å"I guess,† he laughed, though he didn't exactly sound amused. â€Å"Sounds like Jesse couldn't handle it.† â€Å"He did okay.† â€Å"If you say so. But personally, I think you've got bad taste.† I stopped walking. â€Å"And I don't think it's any of your business.† He looked away angrily. â€Å"You made it the whole class's business.† â€Å"Hey, I didn't do that on purpose.† â€Å"Would've happened anyway. Jesse's got a big mouth.† â€Å"He wouldn't have told.† â€Å"Yeah,† said Mason. â€Å"Because he's so cute and has such an important family.† â€Å"Stop being an idiot,† I snapped. â€Å"And why do you even care? Jealous I'm not doing it with you?† His flush grew, going all the way to the roots of his red hair. â€Å"I just don't like hearing people talk shit about you, that's all. There are a lot of nasty jokes going around. They're calling you a slut.† â€Å"I don't care what they call me.† â€Å"Oh, yeah. You're really tough. You don't need anyone.† I stopped. â€Å"I don't. I'm one of the best novices in this fucking place. I don't need you acting all gallant and coming to my defense. Don't treat me like I'm some helpless girl.† I turned around and kept walking, but he caught up to me easily. The woes of being five-seven. â€Å"Look†¦I didn't mean to upset you. I'm just worried about you.† I gave a harsh laugh. â€Å"I'm serious. Wait†¦Ã¢â‚¬  he began. â€Å"I, uh, did something for you. Sort of. I went to the library last night and tried to look up St. Vladimir,† I stopped again. â€Å"You did?† â€Å"Yeah, but there wasn't much on Anna. All the books were kind of generic. Just talked about him healing people, bringing them back from the edge of death.† That last part hit a nerve. â€Å"Was†¦was there anything else?† I stammered. He shook his head. â€Å"No. You probably need some primary sources, but we don't have any here.† â€Å"Primary what?† He scoffed, a smile breaking over his face. â€Å"Do you do anything but pass notes? We just talked about them the other day in Andrews' class. They're books from the actual time period you want to study. Secondary ones are written by people living today. You'll get better information if you find something written by the guy himself. Or someone who actually knew him.† â€Å"Huh. Okay. What are you, like, a boy genius now?† Mason gave me a light punch in the arm. â€Å"I pay attention, that's all. You're so oblivious. You miss all sorts of things.† He smiled nervously. â€Å"And look†¦I really am sorry about what I said. I was just – â€Å" Jealous, I realized. I could see it in his eyes. How had I never noticed this before? He was crazy about me. I guess I really was oblivious. â€Å"It's all right, Mase. Forget about it.† I smiled. â€Å"And thanks for looking that stuff up.† He smiled back, and I went inside, sad that I didn't feel the same way about him.

Culture Acceptance of Homosexuality in the African-American Culture Essay

Different factions of sociologists depict men. Functionalists suggest that a division of labor originally arose between man and women because of the woman’s role in reproduction. By virtue of their larger size and greater muscular strength, men were assigned hunting and defense tasks. Conflict theorists reject functionalist arguments as simply offering a rationale for male dominance. They contend that a sexual division of labor is a social vehicle devised by men to assure themselves of privilege, prestige, and power in their relationships with women. By relegating women to the home, men have been able to deny women those resources they need to succeed in the larger world. Others say that the fundamental motive is men’s desire to have women readily available for sexual gratification. And still others emphasize that the appropriation of women is not for copulation but for procreation, especially to produce male heirs and daughters who can be used as exchanges in cementing political economic alliances with other families (Hinkle, 1994). Indeed, this gender stratification promotes the survival of the species and fulfilling their label to be strong, men even use violence to assert their so-called masculinity, which in any case is portrayed by the sociologists as the more superior specie. But when one takes a closer look into Kinsey’s reports, he or she won’t help but notice an honest existence of a â€Å"third kind† or the second-class citizens as the popular belief says in the persons of the homosexuals (Betancourt & Lopez, 1993). For the best information on sexual characteristics, we are indebted to the Kinsey reports. Kinsey’s greatest contribution was the discovery that individual differences in sexual behavior are truly amazing. The reports were designed to give a scientific gloss to the normalization of promiscuity and deviancy. Kinsey’s initial report, released in 1948 stunned the nation by saying that American men were so sexually wild that â€Å"95% of them could be accused of some kind of sexual offense under 1940s laws† (Kinsey et al. , 1948). The report included reports of sexual activity by boys, even babies, and said, â€Å"37% of adult males had had at least one homosexual experience† (Kinsey et al. , 1948). Homosexuality is a preference for an individual of the same sex as a sexual partner. The Alfred C. Kinsey Institute for Sex Research estimates that five to six percent of the adult population is predominantly homosexual. However, since there are so many gradations in sexual behavior and preferences, many sociologists and psychologists take the view that there heterosexual or homosexual practices but not homosexual individuals (Halgin, 2006). In brief, homosexuality and heterosexuality are terms that describe behavior, not the identity of a person. But gender identity confusion can lead to fear of homosexuality. But behavior is not grossly disorganized, nor is functioning impaired if the delusions are not acted out. A gay man or a lesbian may or may not elect to engage in homosexual behavior (Bell and Weinberg, 1998). Father’s Presence A boy prefers the company of boys; his favorite toys are cars and trucks and wants to be a fireman or policeman. The parents treated both the children differently, even though they are technically the same. This shows how parents do seek to socialize children into their gender roles, even if they are doing it unconsciously. Parents provide distinctive environments for boys and girls. They give them different toys and clothes and decorate their rooms differently (Fagot, 1995). They respond negatively to more obvious forms of cross-sex behavior. A very young boy who tries on his mother high-heeled shoes or puts on a dress or lipstick may be regarded with amused tolerance, but such behavior in older children is regarded as outrageous rather than funny. Father reacts especially strongly to any such signs of feminine tendencies in their sons (Nicolosi, 1991). The men may interpret certain kinds of feminine interests or actions as signs of developing homosexual tendencies in their sons and react to their tendencies in the strongest terms (Nicolosi, 1991). Psychologists described the uniformity of reports from literature that gay males had poorer relations with their fathers and concludes, â€Å"Every study reported findings that their relationships with their fathers were unsatisfying with the father variously described as cold, rejecting, indifferent, hostile, or simply distant† (Moberly, 1983). Likewise it was concluded that the homosexuals hurtful relationship with the father results in defensive detachment, which is carried over to relationships with other men. Homosexuality becomes a form of a reparative drive (Nicolosi, 1991) in which the boy seeks a nurturing male relationship to undo the repression and regain the lost father. Significant environmental issues such as the impact of the father-son relationship are indicated as important in the development of adult male homosexual orientation. As scholars suggested, the father-child relationship is one of many crucial elements in the development of any child. Deficits in this area may result in adverse effects to the child’s (and later adult child’s) identification with self as an adult, and this identification is generally considered to be crucial in determining the way in which children and adults form relationships with others (Blankenhorn, 1995). Conversely, boys seemed to conform to the sex-role standards of their culture when their relationships with their fathers were warm, regardless of how masculine the fathers were, even though warmth and intimacy have traditionally been seen as feminine characteristics (Blankenhorn, 1995). Son’s pubertal development was a significant predictor of both information sharing and, to a lesser extent, values sharing, with fathers more likely to talk with sons who had attained more physical development. The father’s recognition of his son’s physical development appears to be an important factor in talking about sexuality. When fathers see their sons maturing physically, they may become aware of the increased possibility of sexual initiation, and this possibility spurs them to discussion of sexual topics (Moberly, 1983). In the movie Billy Elliot, the simple rights of gay people are also advanced. In terms of personality traits, boys are generally aggressive, independent, dominant, competitive, logical, direct, adventurous, self-confident, and ambitious. Boys are described as closemouthed, rough, and sloppy in their habits. Boys do not usually enjoy art and literature, and cannot easily express and find it easy to express their feelings. This is what it means to be masculine in the eyes of biased society. But Billy, more than the fondness for boxing his father wants for him, his natural flair falls for dancing, an art predominantly associated with girls. Most families, like that of Billy, urge boys to be little men even before they have any idea what it means to be a man. As a matter of fact, there is even more pressure on boys to be masculine than on girls to be feminine. They are constantly warned not to act like girls, not cry, not to be sissies. Most people have always considered it worse for a boy to be a sissy than for a girl to be a tomboy. Boys may have to prove themselves by being athletic or by being tough, men by making a lot of money or by being a man’s man in whatever way this is defined by their associates. But the burden of proof is always present. And the burden is heavier than most people think. When cooing to a baby in a crib, they use one tone of voice toward a girl, a different one toward a boy. Mothers look at baby girl more often and talk to her more frequently. By and large, children have been brought up to believe that women should be pretty and preferably slim, while men should be tall and strong (Sheinberg, 2004). This familial stereotyping is even carried on to the bigger world of the boys known as school. In the world that children enter at 6 there is a new adult, the teacher, whose discipline boys must conform to and whose acceptance they must court. Ordinarily the teacher is a woman, like the mother, and children’s behavior toward their mother can be generalized toward her. But boys who are identifying with their father and rebelling against their mother often have trouble in the early grades. They may be less fearful of rejection by the teacher and therefore more reluctant to accept her influence (Sheinberg, 2004). It was also found that father’s age at first intercourse would predict father-son sex-based communication. The rationale was that fathers who were sexually active at an earlier age would remember their experiences and would see their sons as needing information (Moberly, 1983). On the other hand, fathers who had sexual intercourse at a later age may believe it is best to wait, and they may talk with sons to instill this same value, while fathers who had sex at an early age might believe it best to inform their sons about sex in order to prepare them for it (Moberly, 1983). Without a doubt, among African Americans, a father is the most important thing a boy can have in his life. They relate to one another on a level that cannot be achieved through a mother-son relationship. It is important to have communication in the relationship because talking brings the two closer. A father, though, needs to know when to play an active role in his son’s life, and when to be more of an observer. If he mixes the two up, serious repercussions may occur. A father can be the best thing in his son’s life, but he needs to care for the right (Sheinberg, 2004). Masculinity Another expert to have studied sexuality is Margaret Mead. Margaret Mead (1949) edified a good number of Americans about the significance of examining sensitively and plainly at other cultures to better comprehend the intricacies of humanness. She contends that it seems quite probable that nature creates some inborn tendencies. But there is ample proof that heredity alone does not necessarily push men toward being independent and aggressive, nor women toward being passive and submissive (Mead, 1949). In one tribe that Mead studied, both men and women were what we would call highly feminine. Both sexes shunned aggression. Both took care of and nurtured the children. In modern times, girls and women are considered feminine unless they display overwhelming evidence to the contrary, but boys and men have to win the right to be called masculine. They have to prove their masculinity; they have to face and succeed in all kinds of financial, intellectual, sexual, and physical tests. The testing process starts early and continues throughout life (Mead, 1949). In the other tribe, the members of one sex spent all their time applying cosmetics, gossiping, putting, engaging in emotional outbursts, and taking care of the children. Members of the other sex had clean-shaven heads, scorned any makeup or ornamentation, were active and domineering, and provided most of the tribe’s food and other necessities. But the last sentence describes how the women behaved. The preceding sentence, about a fondness for cosmetics and emotional outbursts, describes the men (Mead, 1949). The motives for affiliation and dependency are universal. So are the emotions that accompany them. Society’s demand to suppress them is in effect a demand to transcend humanity. And efforts to do so can never completely succeed. Since it is impossible to program out all emotions, even the most extreme he-man can only approximate the masculine ideal. Thus every man, aware of the stirrings of the softer and weaker emotion he tries so dutifully to hide, is bound to worry about his own masculinity. Otherwise, he is prejudged as gay, a sissy, or a homosexual (Duberman, et al. , 1989). The Religion’s Take The church usually operates with a bureaucratic structure and claims to include most of the members of a society. The difficulties the society has experienced in recent years are reflective of that of the ancient times and have contributed to the resurgence of conservative Christianity (Fisher, et al. , 1994). We have seen in Christie Davies’ Sexual Taboos and Social Boundaries that religion may be a conservative force, impeding modernization and reaffirming traditional authority (Davies, 1982). The bold article tackles Christianity’s bias against such so-called sexual taboos as homosexuality, bestiality, and transvestism in North America and Europe. That is, Christianity is associable with such concepts as hypocrisy, racism, narrow-mindedness and conservativism (Fisher, et al. , 1994). Davies is referring to the passages in the Bible, which state that homosexuality is wrong. These occur most prominently in Deuteronomy. Is it not entirely possible for instance to believe that the Bible is entirely true except those passages which condemn homosexuality which were inserted later by corrupt scribes (Fisher, et al. , 1994). Second, because homosexuals are considered deviants, the religious, military, and political principals find a way to give them a reprehensible image by consolidating their boundaries. The symbolic interactionist perspective has been a useful tool for examining the complexities of this heterosexual-homosexual relationship. Thus, should the roles of certain members of the society depart from the normal conventions bordering on the taboo, as homosexuals have been automatically deemed doing, invariably there are spiteful consequences for their behavior and actions (Fisher, et al. , 1994). And third, Davies argues that the society’s mainstream institutions dictate and shape the homosexuals’ experiences. In large part, they unconsciously build up their sense of reality by the way the society orders its social agendas and structures social alternatives. To the extent that they are locked within the social environment provided by the heterosexual culture, the homosexual segment inhabits a somewhat restricted world outside and is thus considered an external threat to any open social frontier (Fisher, et al. , 1994). Homosexual acts were punishable by death among the ancient Hebrews, but accepted and even admired by the Greeks. Later, the early Christians held that abstinence was the noblest form of sexual behavior, but at about the same time, the Romans were indulging in their famous orgies in the Colosseum (Fisher, et al. , 1994). In England, at the time of Queen Elizabeth, sex was treated with a frankness and frequently with a ribaldry that has no parallel in Western history. A little later, under Queen Victoria, it was regarded with such great circumspection that among some groups of these very same Englishmen, one would hardly have known that coitus ever took place and any falls from propriety were the cause of great scandal and disgrace (Lenski and Lenski, 1999). Moreover, Davies also touches on dehumanization or slavery by way of Christian association. In the Western society, significant segments of the population reject coexistence with minorities in equal terms. Women and homosexuals are subsumed in the list of minorities in the large group of African Americans (Davies, 1982). The current debate suggests that Christianity or any religion for that matter, remains a powerful moving force in Western life. People are not close to resolving how to relate people’s religious lives to their religious lives. Each generation must tackle its own church-state question as Christie Davies does with homosexuality in her article (Davies, 1982). Furthermore, broadly considered, long-term relationship, heterosexual or homosexual, should be considered as families. The social definition of the family as a group of people related by blood, marriage, or adoption has come to its revolutionary point of reshaping into such as a group of people who love and care or each other regardless of spiritual background or sexual preference (Fisher, et al. , 1994). Some gays and lesbians are married, have children, and lead lives that in most respects are indistinguishable from those of the larger population. However, homosexual adults who have come to terms with their homosexuality, who do not regret their sexual orientation, and who can function effectively sexually and socially, are no more distressed psychologically than are heterosexual men and women (Klonoff & Landrine, 2000). Homophobia Few people in the history of Western society have been more scorned, feared, and stigmatized than homosexuals. To put in a more appropriate context, these people who fear, hate, and persecute the homosexuals are homophobic (Kagay, 1999). Gays and lesbians often hold values and beliefs that are different from those of the dominant culture. Because of the controversial nature of being gay or lesbian, and the heavy social proscriptions against it, many individuals are reluctant to â€Å"come out of the closet† or to reveal their membership in this co-culture. As more gays and lesbians identify themselves publicly, they find that their attitudes and communication patterns often clash with people who do not understand the gay and lesbian co-cultures (Vander Zanden, 1995). When the collision involves the arbitrary denial of privilege, prestige, and power to members of the homosexual co-culture whose qualifications are equal to those of members of the dominant group as the heterosexuals, then generally, sociologists can easily label this as discrimination. And when the attitudes of aversion and hostility toward the homosexual co-culture abound because they simply belong to it and hence are presumed to have the objectionable qualities ascribed to it, then the label becomes prejudice (Vander Zanden, 1993). Whereas prejudice is an attitude or a state of mind, discrimination is action. Therefore, phobia as an irrational part of a person’s mentality makes homophobia basically a prejudice that may lead to discrimination but cannot grow to be a form of racism (Klonoff & Landrine, 2000). Racism or racialism is a belief in the superiority of some races over others. It also involves prejudice against or hatred of other races. Discriminating behavior is also defining element in racism. Be that as it may, racism is based on none other than racial membership and in this paper’s case, on sexual preference or orientation too. Stereotypically, it is based on the color of the skin, the texture of the hair, the facial features, the stature, and the shape of the heads. Biologists typically view races as populations that differ in the incidence of various hereditary traits. More narrowly, they conceive of a race or subspecies as an inbreeding, geographically isolated population that differs in hereditary traits from other members of the species (Bullough & Bullough 1996). Hereditary is the key term. Although there are some floating nature-nurture debate on the tendency to be homosexual, being gay or lesbian is more broadly accepted as a behavior than a heritable peculiarity (Klonoff & Landrine, 2000). Homosexuality knows no color or physical feature. Although gays whiten the color of their skin, stretch their hair length, effeminize their facial features, glamorize their stature, or cosmetically alter the shape of their heads, they cannot be classified a race but a co-culture instead (Bell and Weinberg, 1998). Although racial stratification is similar to other systems of stratification in which African Americans are a part of, including gender stratification, in its essential features, there tends to be one major difference. Racial and ethnic groups often have the potential for carving their own independent nation from the existing state (Klonoff & Landrine, 2000). Political separatism may offer racial groups a solution that is not available to gender groups. Gender groups typically lack the potential for becoming self-sufficient political states because they do not function as self-sufficient social or economic groups (Vander Zanden, 1995). Homosexuals are a varied group. They are found in all occupational fields, political persuasions, religious faiths, and racial and ethnic groups. Some are married, have children, and lead lives that in most respects are indistinguishable from those of the larger population. Others enter homosexual unions that are relatively durable (Kagay, 1999). In fact, if homosexuality could be considered a part of the gender stratification, then homophobia could even be more appropriately subsumed by the realms of sexism than racism. But the homosexual population cannot be undervalued that a gay joke can testify to their numbers: â€Å"I wonder why gay people multiply. They don’t have any vagina but they seem born twice a straight baby girl’s chance. † In many modern nations, the members of some groups participate in the main culture of the society while simultaneously sharing with one another a number of unique values, norms, traditions, and lifestyles. These cultural patterns are termed a co-culture (Vander Zanden, 1993). African American co-cultures that have become prominent in the United States partly because of their numbers and partly because of their lack of subscription to many of the mainstream beliefs, attitudes, and values. Although there are many co-cultures in the United States, the homosexual culture has become increasingly prominent because of their demands for equality.

A Brief Analysis Of A Streetcar Named Desire

A Brief Analysis Of A Streetcar Named Desire A Streetcar Named Desire, by Tennessee Williams, is an American drama play written in 1947. The play is widely considered an American classic and revolves around a cultural clash between the main characters. One of the more tragic figures is Blanche DuBois, as she is a character who feels confused, lost, conflicted, and lashes out sexually. Blanche represents the â€Å"old† South because of her way of thinking, values, and lifestyle. Contrary to Blanche, Stanley Kowalski is a main character that is portrayed as being dominant, aggressive, and sexual. Stanley represents the â€Å"new† South because of his dominance and control over Stella. Both these characters embody values which portray William’s message of the â€Å"old† versus â€Å"new† South. Tennessee Williams attempts to show through Stanley’s character that American is changing into a more aggressive, direct, and raw society. Stanley is a very dominant and somewhat arrogant character , who usually gets what he desires, such as when he rapes Blanche. Another clear example of Stanley’s dominance is the Napoleonic code, â€Å"we have the Napoleonic code according to which what belongs to the wife belongs to the husband† (35). His controlling and sexual character is evident throughout the play, including in the end in which he makes love with Stella after Blanche is taken to the hospital. Sexuality is also a theme throughout the play, as Williams is a homosexual and attempts to demonstrate homosexuality in a positive light through Stanley’s superficial and egoistical actions. An evident example is when Blanche wanted Stella to come with her and says that Stella is almost everything that she has in this world. However, Stanley sees Blanche taking Stella away and refuses to let Stella go, acting as if an animal that is protecting his territory. An example is when Stanley establishes power over Blanche through his marriage, as they are both fightin g for Stella, â€Å"Stella has embraced him with both arms, fiercely, and full in the view of Blanche. He laughs and clasps her head to him. Over her head he grins through the curtains at Blanche† (73). Stanley remains hostile towards Blanche throughout the play because of this incident, and meanwhile Blanche is having a difficult time adapting to the â€Å"new† South. Stella is unlike Blanche in the sense that she has learned to accept and adapt to the â€Å"new† South, however Blanche is still trying to cope with the loss of her husband. She could not overcome losing her husband, as he was a large part of her life and she was becoming mentally ill and delusional from the loss, â€Å"you know what I shall die of? I shall die of eating an unwashed grape one day out on the ocean† (136). An example is how she is consistently bathing to feel like a â€Å"new person†. She attempts to wash off the dirt which resonates from the past and tries to clear he r mind with frequent showers. Blanche also resorts to alcohol to alleviate her problems; however she has to hide it, as she realizes that it will hurt her reputation, â€Å"She rushes about frantically, hiding the bottle in a closet† (113). All this begins with the death of her husband.

Define a job-seekers reservation wage and its relevance to the Essay

Define a job-seekers reservation wage and its relevance to the expectations-augmented Phillips curve - Essay Example s indicate that optimal strategies for job seekers involves continued hunt for jobs as long as incoming bids for jobs include wages that fall below the reservation wage, (Cahuc et al., 2014, p. 262). The relevance of relevance wage and expectations for the augmented Phillips curve was recognized as the expectations-augmented Phillips curve developed in late stages of 1960s and early 1970s, (Woodbury and Davidson, 2002, p. 233). According to the explanation given by Phillips regarding unemployment, it states that when the demand for labor is high, eligible but unemployed workers expect employers to offer high wage rates quite faster. On the other hand, it appears like job-seekers are reluctant to offer their valuable services below the wage rates prevailing in the labor market. Any subsequent analysis of expectations-augmented predicts that the co-existence of elevated inflation and towering unemployment usually occur with excessive growth in the money supply (Gottschalk, 2005, p. 13). That is, ΔMS/MS > ΔMD/MD, which is related to demand-pull inflation. Similarly, the expectations-augmented Phillips curve shifts upwards in each phase as expectations for inflation changes. On the other hand, the Phillips curve moves downwards in each phase as expectations for inflation

A year of decision for Germany Essay Example | Topics and Well Written Essays - 750 words

A year of decision for Germany - Essay Example Savage fighting on the eastern front had nearly bled the Wehrmacht white. The Germans’ lightning advance had brought them to the gates of Moscow, where the Red Army delivered a blow that began to turn the tide. The hubris that came in the wake of Germany’s startling early successes now served to delude Hitler and the German High Command at a time when they could least afford to ignore facts. Severe losses, badly stretched supply lines and the Russian winter were proving a deadly combination. â€Å"The opposing armies were exhausted. Yet both continued to overestimate their own strength while underestimating that of their opponents. In the short run, the Soviets paid for the miscalculation; in the long run the Germans paid even more.†Ã‚ ¹ The Resurgent British In the west, after three beleaguered years in which the British were brought to the brink of disaster, 1942 saw the completion of a reorganization that finally had the British Empire’s (Name) 2 militaryforces posed to wage war effectively. The transformation had started from the top, where â€Å"under Churchill’s inspiring leadership, as both prime minister and minister of defense, a carefully articulated hierarchy of committees produced coherent and intelligent policy that translated into effective strategy.†2 The change from Chamberlain’s style of leadership to that of Churchill was remarkable, according to one observer. â€Å"The days of mere ‘coordination’ were over for good and all†¦We were going to get direction, leadership, action with a snap to it.†3 ... direction, leadership, action with a snap to it.†3 One of Churchill’s greatest contributions to the war effort was his wartime diplomacy, which facilitated a vital coordination of military planning among the three new allies: Britain, America and the Soviet Union. Though the tide was beginning to turn in 1942, a collective assessment of the situation among Churchill and his partners led to the realization that the Allies’ land forces were not quite ready to take the field on a broad scale. â€Å"In 1942, even as the skies over Britain brightened immeasurably with the accession of the United States and Russia as allies, the combined Chiefs of Staff agreed that bombing remained vital†¦Ã¢â‚¬ 4 In addition to overwhelming numbers, the alliance produced an unprecedented level of concentration and coordination of power. The Noose Begins to Tighten With the U.S. now officially committed to the war in Europe, the strategic moves (or blunders) that led to Germanyâ⠂¬â„¢s â€Å"year of decision† had come full circle – literally so, because the Third Reich was ringed round by powerful enemies. â€Å"At the beginning of the war’s third year, (Name) 3 the Germans confronted a great worldwide coalition, formidably strengthened by Hitler’s declaration of war on the United States on 11 December 1941.† 5 To make matters worse, the American military leadership decided that Germany would be their first objective, and so the Reich would be the first to bear the full brunt of the Allies’ collective power. â€Å"Despite the fact that war had formally begun for the United States with a devastating Japanese surprise attack in the Pacific, Roosevelt and his allies quickly reaffirmed their commitment to the Germany-first strategy†¦Ã¢â‚¬ 6 This â€Å"Germany First† strategy frustrated whatever

Recent Global Economic crisis Essay Example | Topics and Well Written Essays - 6000 words

Recent Global Economic crisis - Essay Example have stories to share with my off springs, whereby, I can tell them that I have seen the world economy booming as it has been over the past few years, and then see it moving down into deep recession somewhere from the mid of 2007. I seek tremendous interest in economy and economics, and this kind of a mega event is truly something that will not be forgotten in the books for a long time. My aspiration for this ‘mess’ comes from the times when I read about the Great Depression in various text books, saw pictures of those times, read analytics and various texts related to the strategies that led to it, how the affected and concerned people and groups tried formulating strategies to move out of the ‘mess’, the failing strategies, the successful strategies and so on. Other than that, what also aspired me was how nations fell into the ‘mess’ and how the magnitude of hit varied from nation to nation. Over all, that whole era was an aspiration to me, making me think how would I react under these circumstances as a common man, as a student, as a strategy formulator or even as a nation’s head. Though not a pleasant moment, but I have been given this chance to re-live the Great Depression and get a feel of things and how the difference can be made. Globalization: Globalization is the single variable that has turned the world into a global village, and merged the economies into a global economy. Thus, globalization is a critical concept while discussing the ‘messes. Conflict: Conflicts of interest and of thoughts and ideas is what actually leads to a ‘mess’ and this one is no exception. There is a big conflict of interest in the growing wealth of an individual vs. the growing wealth of a nation, as certain portion of the former has to be sacrificed as taxes for a nation, and as interest for banks to keep moving, as an example. National taxes are proportional to the wealth, but bank interest is similar to a clock that keeps ticking, irrespective of the

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

Employee Relations - Research Paper Example It is recommended to consider the employees as valuable assets and make them spend time on telecommuting. A flexible work schedule can also be introduced in the company to increase the morale of the employees (Time Inc, 2013). It was also viewed that the products produced in the company were low in quality because of which it was facing severe problems. Thus, it is considered that the company should establish certain goals related to quality in order to measure the manufacturing process of the organisation and the outcomes of the manufactured product. It is also recommended to focus on the initiative of improving the outcomes of the manufactured product that would help Philips to obtain recognition in its new plant of Manila. Besides, administrators functioning at the new plant should ensure that they provide their expertise of guiding and consulting the workers in their respective departments to make certain that the workers achieve their targets and the quality and the overall perf ormance of the workers are improved. In addition, it is very important to classify the potential opportunities for improving the quality of products by constantly monitoring the work performance and ensuring that the standard and quality of the goods produced meet the expectation of the customers along with providing them optimum satisfaction. It is also very essential for the administrators to design a system that is very efficient as per the work requirements so as to implement initiative for improvement which would directly.

Servant leadership Research Paper Example | Topics and Well Written Essays - 2500 words

Servant leadership - Research Paper Example At the organizational level, leadership remains core. Depending on the nature and effectiveness of the leadership employed in an organization, the organization might succeed and experience increased productivity, or it might experience adverse effects. This is mainly because, in an organization, leadership has an impact on employees, and other vital functions that determine the productivity level of the organization. This paper discusses leadership in an organization, mainly basing on the model of servant leadership that was advanced by Greenleaf H., and special attention is drawn to the not for profits organizations. All organizations must have a form of leadership; however, leadership varies depending on the type of organization. Therefore, there is a difference in the way leadership is practised in not for profit organizations and those organizations in the public sector. According to Erickson (2007) research on leadership in not for profit organizations is scarce, as more research efforts are aimed at the organizations in the public sector. Therefore, by focusing more on leadership in not for profit organizations, this paper will make important contribution to the knowledge on this topic. According to Eisenhower Dwight, â€Å"Leadership is the art of getting someone else to do something you want done because he wants to do it† (Hughes et al, 2006, p. 405). This shows that for one to be a leader, he or she must have some kind of an influence on the followers. It can also be concluded from this definition that in order for a leader to ensure the success of their organization, he or she must create commitment among the followers, who are employees, and also ensure that the employees are willing to work towards improvement in different aspects of the organization. The past decades have seen great change in the social, economic, and political aspects in

Critical Thinking Week 7 Coursework Example | Topics and Well Written Essays - 1000 words

Critical Thinking Week 7 - Coursework Example Pathogens are also spread through physical contact with dirty surfaces or even dirty day to day substances such as money, soil, doorknobs, etc. Money is known to be one of the dirtiest substances that people come into contact with on a day to day basis. Pathogens are also found on peoples skins. Individuals are always advised to ensure that they keep their hands clean and surfaces cleaned with an antiseptic to ensure that pathogens are cleared. Pathogens can be introduced into the body through physical touch, through the mouth and even through the air. Animals are also known to spread germs especially through their skin and hence the need for cleaning from time to time (IOWA State University). The spread of bacteria is very rapid and the only way that individuals can contain it is by ensuring that they wash their hands thoroughly before they eat and also maintaining clean environments around their homes. Direct contact can cause the spread of pathogens, and this can be reduced through the use of condoms, gloves, and masks. However, these are not 100% foolproof as some pathogens are known to pass through the tiny holes that the gadgets have. Indirect contact with pathogens is more common than direct contact and usually spread very fast. Some of the most common devices include doorknobs that cannot be avoided hence the need for regular disinfecting. Inhalation of the pathogens is perhaps more dangerous than the rest of the ways as it affects the individuals respiratory system, and its effects are more severe. It is advised that sick people avoid coming into contact when they have communicable illnesses, and those that have life-threatening diseases such as tuberculosis should be quarantined until they are no longer in danger. Pathogens that come from vectors could be avoided through the use of insecticides, which involve killing the vector. The spread of airborne pathogens could be mi nimized by

Management of information Systems Essay Example | Topics and Well Written Essays - 1250 words

Management of information Systems - Essay Example and Google have been able to reduce their costs of production, carry out market segmentation, and produced differentiated products. The need to introduce modern technology in regular business operations have been necessitated by the stiff competition created through globalization. One of these latest technologies is the electronic commerce. With the competition intensifying, companies such as Google Inc. have gone an extra mile to make their operations electronic. Qin broadly defines electronic commerce (e-commerce) as the widespread applications of computer networks and internet to communicate, carry out commercial transactions, and make online payments (34). It draws on a number of technologies including mobile commerce, supply chain management, electronic data interchange (EDI), automated data collection technologies, inventory management systems, on-line marketing, and electronic fund transfers. In this twenty first century, e-commerce heavily reply on the World Wide Web (www) in nearly every life cycle of a transaction, though it also rely on other internet-enabled technologies such as e-mail. It is an e-business aspect that aids is data exchange and facilitation of financial payments (Laudon and Guercio 37). E-businesses take the form of virtual storefronts (E-tail), on-line marketplaces, e-mails, or fax. Since 2000, the numbers of business transactions conducted by Google Inc. via online platforms have more than tripled. Kurihara established that e-commerce accounts for over 60% of retails transactions globally. Information technology has directly impacted on the business sector by expanding customer bases, increasing product information symmetry, and improving product/service quality (72). Internet serves as an interactive medium where the business community congregates and transacts. Besides, this medium helps in eliminating geographic barriers to trade and commerce. E-commerce is critical in the strengthening of customer

Sonnet 93 by E. Barrett Browning Essay Example for Free

Sonnet 93 by E. Barrett Browning Essay Throughout the first eight lines of the sonnet the language is simple and personal. There is little elaboration and imagery which shows her true love and shows that the sonnet wasnt written to impress the public. This differs from the other two sonnets as they were conventionally written to amuse the reader and in order to do this they included complex language and imagery. The line beginning the final section of the sonnet shows that she loves Robert Browning with the depth, trust and emotion a child feels for their parents; I love thee with the passion put to use In my old griefs, and with my childhoods faith. Following this the next line supports a popular belief of the Victorians which was when you are born you are born pure and innocent. As you grow up you gather sin and impurity, and become further away from God. E. Barrett Browning says that Robert has taken away her sin and bought her closer to God once more just like when she was a young child; I love thee with a love I seemed to lose With my lost saints, She also expresses that she loves her husband with every emotion she goes through in her life; -I love thee with the breath, Smiles, tears, of all my life! The last line in the sonnets suggests her love is eternal and she will love Robert even in the afterlife; -and, if God choose, I shall but love thee better after death. E. Barrett Browning doesnt use a Volta in her sonnet as she wants to show her love is continuous and eternal which is a contrast from the other two poems. All three sonnets appear to be about love but all show different meanings. Shakespeares sonnet seems to be about a true physical attraction to a lady and how her beauty is eternal when in fact he is really saying the beauty of his words are eternal. On the other hand Draytons sonnet appears to be about a dying woman when in fact its about a fading love desperate for love to be breathed into it. Finally E. Barrett Brownings sonnet is totally sincere and includes no reversal of meaning. The sonnets also have different forms and language. Shakespeare and Drayton both write a Shakespearian sonnet with complicated and elaborate language whereas E. Barrett Browning uses a Petrarchan form with simple language. Another resemblance is that E. Barrett Browning and Shakespeare consider love relates to time. The most obvious contrast is that Drayton and Shakespeare both use a Volta whereas E. Barrett Browning doesnt. Although I liked the clever, witty changes of meaning in the sonnets by Shakespeare and Drayton my favored sonnet would have to be Sonnet 93 by E. Barrett Browning. I liked it because of the sincerity of her love to her husband. I think when reading and understanding the sonnet the reader is emotionally touched by the strong feelings such simple words can put across.

The Legal Definition Of Crime

The Legal Definition Of Crime Explain how crime can be considered as a social construction and contrast this with legal definition of crime. Our nation, from the start, has been divided by class, race, national origin and has endured class conflicts throughout history (Zinn as cited in Welch, 2009). The purpose of this essay is to show that crime is constructed socially rather than individually. In order to do so, I will focus on describing how crime can be viewed as a product of social construction, explaining different factors contributing to the way people perceive particular behaviour as criminal as well as contrasting concept of crime being socially constructed with its legal definition. After discussing theories created by Howard Becker and Karl Marx , it will conclude that criminal behaviour and its consequences are indeed socially constructed. Reaching consensus over an appropriate term defining crime has undoubtedly been challenging for criminologists as there are no purely objective definitions; all definitions are value laden and biased to some degree (Barak, 1998, p.21). Hence, it is not an easy way to give an exact definition to something so diverse. However, the legal definition of crime suggested by Tappan (1947) is agreed by many to be the most precise and clear so far. It states that Crime is an intentional act in violation of the criminal law (statutory and case law), committed without defence or excuse, and penalized by the state as a felony or demeanour. Although, it has also met with criticism from others who believe that it is too narrow definition (Milovanovic, D.). Only harms defined as such by state are considered in Tappans theory which is also limited to those crimes legally guilty (Milovanovic, D.). It is also vital to mark that legal definition of crime not only excludes white collar crime but also fai ls to acknowledge cultural and historical context of law, such as on gambling and prostitution that may be different depending on state or nation (Henry, S. 200). Essentially an act becomes a crime when it breaks the law established by the government of particular society. Of course what accounts as crime varies depending on different cultures, laws and religions, although there are three main elements determining crime which remain consistent: harm, social agreement and their reaction. The way society responses to the particular harmful behaviour may differ depending upon the society. For example, theft conducted in UK may result in getting a warning or minor sentence, whereas in Muslim societies the same person would have his hand cut off for such an offence. Looking also from historical perspective, attitudes towards certain acts considered then as criminal have also changed as many of those are no longer viewed as crimes. Therefore it is clear that the definition of crime has un doubtedly gone through changes and most probably will continue to change. The main aspect which legal definition of crime seems failing to consider is that some behaviours are considered as crimes whilst others not. This brings us to the social construction of crime, an idea created and essentially developed by society in terms of held perceptions, morals, beliefs and values of individuals living within it. These shape the way we are such as personality, character and our roles within the society. As people are measure beings, they often judge themselves and people around them. The concept of social construction sees criminal behaviour as a mutual interpersonal activity involving actors and audiences (Henry,S.2009). Therefore, the way someone is identified and located within a scope of the society has significant consequences for the way we act towards others (Becker, 1963). Societies define crime by their own norms, believes and rules. Whereas rules, which govern everywhere, determine as well correct and incorrect behaviours within the society. „Cri minal law often mirrors a fairly extensive point that particular behaviour violates some social standards and values (murder, rubbery, etc.). However, actions considered as criminal may vary depending on different cultures, laws or religions. In short, crime is what particular society chooses it to be. Furthermore, crime is a fundamental part of deviance, theory suggested by Howard Becker. Deviance is not a quality of the act a person commits, but rather the consequence of the application by others of rules and sanctions to an offender'(Becker, 1963). It is not only a result of humans actions but also depends on the audience judging particular behaviour as negative or positive. Becker argued that deviance can be defined as a kind of behaviour which differs from the normal, rule-breaking behaviour that is unacceptable in society and depends on what people see as unacceptable. In such situation where society labelled particular person as a deviant, it often results in isolation of this person who eventually finds the only way to survive through involving in criminal activity. Most importantly, crime often arises where the obvious segregation of the rich and poor occurs. Karl Marx, on the other hand, suggested that class struggles are underlying problems in societies where the basis o f power is wealth and which as a result leads to injustice and inequality. Sheptycki (2006) says that the roots of crime lie in the social structural inequalities of wealth and power. This viewpoint perceives capitalist societies as ones which choose individual interest over social welfare. Therefore, from the social constructionist point of view, crime is a behaviour defined by powerful and privileged people with authority to make laws that recognise some acts as offensive. Once more, regarding Becker, powerless people, no matter how bad the damage they done could be, they are likely to be arrested and judged. People who hold more power create then some kinds of illusions that people at the lower levels of social hierarchy (measured on the basis of their income, education degree or even race)- are seen as dangerous to the society. It not only creates place where people are dependent on state but also discriminates people one way or another. Government, could also be an example here . It defines what crime is by choosing to outlaw some particular act. For instance, the issue with drugs which government made illegal. Money tracking laws or tax evasion fall into different category, which relates to government who creates crime for their own interests. This suggests that crimes are created by lawmakers who limit citizens freedom on the ground of their own moral standards. Taking into account all of the aforementioned factors, we can conclude that crime has inevitably been a product of social construction. Notwhistanding the fact that crime is a complex and diverse concept without one, accepted definition, what accounts as criminal varies depending on cultures, laws and religions which proves that crime is a product of social sonctruction. Definitions of crime are constructed by both cultural norms and values as well as power relations. In adition to that we socially shape the meanings of behaviours and their consequences.

Control Theory And Gang Related Crime Criminology Essay

Control Theory And Gang Related Crime Criminology Essay Discuss how control theory and classicism theory adequately explains gang related crime This essay will help us understand the reasons behind gang related crime. To discuss the causes of gang related crime we will look at two criminology theories. Classicism and control theory will be used to understand and to demonstrate a discussion on the matter. We will look at each of the theories separately and then apply them to gang related crime. Classicism or classical school has been around for quite considerable time. A group of philosophers of the 18th century argued that human problems have to be tackled in a reasonable and more traditional way(Coleman, Norris. 2000. p.17).There was a feeling that criminal justice system of the 18th century was too inhumane, ineffective and judges had too much discretion and punishment was too barbaric(Coleman, Norris. 2000. p.18). That is the reason why classicism argues: too much policing or punishment could change law abiding citizens(Jacobs. 2009. p.97). We would think that harsher punishment would change the amount of crime, however classicism stands a strong case that more policing and tougher sentences would not help the cause(Jacobs. 2009. p.97). From everything what we have looked so far we can say. Classicism is so concerned with the tough sentencing then surely it would propose us how tackle the crime. Classicism will assume that human beings make rational choices (Jacobs. 200 9. p.97) and therefore this is the reason why they commit crime. For some people pleasure and gain that they get from crime is a lot larger than the pain of punishment(Coleman, Norris. 2000. p.18). Some people get so distressed and so obsessed with what they think is injustice towards a particular group of people or race that they are ready for the most extreme measures. As an example of these measures we could give you London 7/7. One of the bombers behind the attack only did this as he was willing to revenge England for how the police treated his own kind(Jacobs. 2009. p.98). One of the main interests of classicism is the immediate circumstances that surrounds the offence(Jacobs. 2009. p.98). Therefore classicism thinks that all of us are potential criminals(Jacobs. 2009. p.98). Accordingly to classicism criminology have to press one main question: whether the law is being too rigorously or softly enforced(Jacobs. 2009. p.98). Here, on one hand, we have classicism that argues that too much policing and tough sentences are not the answer, yet, on the other hand, classicism is concerned that the law is softly enforced. Classicism as such is quite an extreme reference point in human behaviour study. Classicism is orientated on the immediate circumstances that have triggered a crime(Jacobs. 2009. p.99). This gives us some guidance as to what will be the main things that classicism would be interested in and concentrating more than anything else. In classicism we would have to consider why an opportunities arise for people to commit crime. Why this is somethin g that is happening in certain areas and mainly to certain types of people and certain times of day(Jacobs. 2009. p.99). Some of the scientists have concerns that repressive and unjust laws could turn people into criminals. Another belief of classicism is that human beings are mainly guided by free will and hedonism and therefore these two factors are the ones that drive the crime(OConnor. 2006). As we saw earlier classicism is concerned about tough punishment and that is the reason why each and every offence has to have equal treatment under the law(OConnor. 2006). Look at this controversial thought in our mind, but completely normal under classicism: bad people are nothing more than the result of bad laws (OConnor. 2006). Next thing that we have to look at is control theory. Control theory is concerned on the measures that would stop people to commit and engage in crime and criminal activities(Jacobs. 2009. p.163). Control theory argues that crime exists and is happening where there are opportunities to commit crime and where is a complete lack of socio-central(family)( Jacobs. 2009. p.163). Therefore there will be no crime or as little as none where proper solutions are in place, such as effective controls and lack of opportunities(Jacobs. 2009. p.163). Durkheim had a theory that social world is maintained by integration and regulation(Jacobs. 2009. p.163). Control theory has emerged from the findings on family and social bonds under the Chicago School. Family and local community started to loose their grips on family members and community in general(Jacobs. 2009. p.163). Over the years many criminologists have created their own ways of control theory with the key issues that they thought were necessary. Instead of concentrating on why people commit crime, Reiss was more concerned on how to develop an instrument to predict which factors are to blamed behind crime(Jacobs. 2009. p.163). As a result Reiss saw delinquent group of people not as a disorganized but rather a functional consequence of the failure. Failure of personal and social controls. Therefore the key issues from Reiss point of view is that the family, society and neighbourhood were the main sources of the failure (Jacobs. 2009. p.163). All of the above were in the positions which would influence the present and future of the child(Jacobs. 2009. p.163). What do we get out of this: intervention with the child at the early years of his life could play an essential and a key part to success(Jacobs. 2009. p.163). However one wrong decision could influence the way this child is going to live the rest of his life. On the other hand Nye(1958) took completely different approach in his studies of control theory. He was looking for an explanations as to why crime is not more common(Jacobs. 2009. p.164). In his studies Nye concluded that the most important REAGENT of the social control was the individuals family(Jacobs. 2009. p.164). Nye came up with four types of control: direct, indirect, internalized control and alternative satisfaction. The key one in his mind was the family, school and police. They control people using direct restraints accompanied by punishment. However other types of control theory would reinforce each other depending on the context of the individual(Jacobs. 2009. p.164). Another one who had his opinion was Reckless(1967) who saw family as the main source of influence of a small child. Reckless realized that urban lifestyle contained many temptations to commit crime. Reckless came up with a suggestion that each individual has to break through numerous barriers to commit crime. These barriers were inner and outer containment where inner was a self control and outer was social control(Jacobs. 2009. p.164). Reckless main concern was concentrating on the self control or so as called inner containment. He suggested that we can control ourselves regardless of what happens around us(Jacobs. 2009. p.1634). Regarding the inner circle containment Reckless came up with four key factors: self concept, goal orientation and two later ones frustration tolerance and norm retention. Reckless has discovered that norm erosion is more bigger problem than norm retention. Sykes and Matza(1957) argues that it takes only a split second to commit a crime. Therefore for the people who were involved in criminal activities and delinquency it only took a small part of their life(Jacobs. 2009. p.165). What were they involved in between committing crimes? Could it be a small and temporary drift away from crime? In the eyes of Sykes and Matza many offenders still had bonds with social order. Sykes and Matza tries to explain this sort of behaviour and as a part of explanation they believed that we would learn conventional behaviour rules by learning the excuses or techniques of neutralization( Jacobs. 2009. p.165). In a simple terms we try to explain our dealings and ignore an obvious. We deny our behaviour and even victims. Hirschi(1969) on the other hand believed that social bonding hold the key to law abiding and delinquent behaviour(Jacobs. 2009. p.165). Social bonds had to be strong and effective or otherwise people would turn themselves to delinquency. The key factor for this drive would be rewards that can be gained. Hirschi categorized the social bonds as: attachment, commitment, involvement and belief. Attachment is quite an important social part of a person. A delinquent person will never have the same social bonds with his friends, teachers, relatives as a person who is out of the crime world. Concern for what people think about us is the driver or controller of our actions. Commitment is another example of a perfect people behaviour. It takes one small stupid act to ruin your life and everything that you have built in your life. So this is something that you are daring to loose. Therefore crime is not going to be an option for you. Involvement and belief could be combined as one. You believe in yourself and you are committed to the rules of society. Because of this you will be involved in as many activities as possible so that you can be busy and have no time for crime. Having looked at criminology theories let us look at the actual gangs. Some say that gangs are created spontaneously. However they become integrated in society by conflict(Greene, 2007. p.1375). Gangs differ in the members they all have. The type of activities they do. What type relationships do these gangs have with local community(Conly. 1993. p.20). Gangs can be defined as: group of people involved in the significant amount of antisocial activity(Conly. 1993. p.7). Reading all the above, we see that family has a massive role in childrens family. One of the key points in control theory is family. Control from the family has to have the biggest impact on the way the child looks at the world. Society and neighbourhood comes after. In the society we are living in many families have only single parent. In 2006 24% of children lived in single parent family(Self, Zealey,. 2007. p.15). Young people from different backgrounds have one thing in common. They all need families. Due to a lack of control many young people turn to gangs when their families have failed. A video on BBC website regarding gangs clearly emphasises this problem(Gangs, knives and crime. 2008). As a youngster you want to have a role model. In the family this could be your father. However in gangs, this can be an older gang member. Gangs replace a family for young kids. Looking at gangs and classicism we are unable to draw a common things. Classicism stated that any person could be a criminal. Therefore being in a gang would not make you different. However gang as such could be crime driven. In that case, all of its members could do criminal activities. In conclusion, we know what is the key issues in classicism and control theory. Classicism concentrates on the immediate reasons on why crime has happened. As much as to why these opportunities arise for people to commit crime. Control theory makes us understand which time in the childs life is the most important. At what stage we can get the biggest influence. In control theory main figure is family and the way family can control the youngster. As of gang related crime we understand the reasons why young people have to join gangs. This is due to the lack of control from family. When youngsters commit crime the pleasure they get is more than pain if they are caught. From classicism point of view: they have nothing to lose, because they havent earned anything yet. Family values and your own achievement would hold you back from crime. Therefore we can clearly say: both of these theories combined gives us an easy understanding of gang related crime.

Women in the Middle East Essay -- Gender Roles, Oppression, Culture

In the book, Women in the Middle East, a Saudi Arabian proverb states, "A girl possesses nothing but a veil and a tomb" (Harik and Marston 83). The key words, "veil" and "tomb" lend evidence to the fact that many Middle Eastern women lack identity symbolized by the â€Å"veil† and lack the right of ownership except for their veil and the tomb. This statement further enforces the notion that many women in the Middle East are expected to serve and tolerate the oppression of the men in their lives throughout their lives on this earth. Moreover, it confirms that many of these women do not get the opportunity to obtain education, join the work force, and even participate in the political affairs of the country. This arrangement further helps the Middle Eastern men to view women as their properties, servants, or even as slaves. Ultimately, there are three main reasons why Middle Eastern men engage in the act of oppressing their women. One primary reason why Middle Eastern men oppress women is their deeply rooted belief system as well as their needs. For example, their belief that the Middle Eastern woman’s duty is being a dedicated homemaker encourages them to disallow her from seeking an education. Ramsay M. Harik and Elsa Martson, revisit this concept in their book, Woman in the Middle East, as they state that many males convince their women that education is unnecessary nor relevant to their household responsibilities. "The girl will spend her life cooking and having babies, why does she need to read or write? This was a common attitude in much of the Middle East until the last fifty years or so" (24). The common consensus was that once educated, these women would question many of the injustices suffered, would demand better treatment... ...emale relative is justifiable if she brings dishonor to the family" (86)... Many women do not stand up for their rights because they are scared from death; since many men killed women without feeling sympathy or without fearing from the consequences of laws. Therefore, laws are just another cause of the oppression of women. Middle Eastern women need to stand up for their rights and get educated to reverse the notion that they are servants and properties of their men. Furthermore, they need to rise up to their potentials and prove beyond doubt that they are equal to men. This practice would lead the path for future generations to follow and protect the inalienable rights of women. Finally, these women need to break the cycle of oppression by addressing these deeply rooted beliefs, gaining the tools to fight back, and joining forces to make lifelong changes.

Recruiting Changes in College Football :: Essays Papers

Recruiting Changes in College Football With the recent controversy and scandal surrounding the University of Colorado and the college football world, this off season has been one of the busiest ever. College Football has experienced an eye-opening revelation and these experiences call for major changes in the traditional recruiting practices. Last month, stories surfaced about the University of Colorado using sex, alcohol, and parties to lure blue chip recruits to their program. While these types of actions are prevalent at every major football program, this is the first time that they have been officially exposed. This exposure has started a chain-reaction of changes to the recruiting part of college football and has grabbed the attention of the United States Congress. The involvement of the most powerful government in the world shows the seriousness of the present situation and also that these inappropriate recruiting practices are not going to be ignored any longer. The face of college football will change dramatically and the results of this scandal will have a lasting impact for decades to come. For any person who follows college football and has a favorite team, this is an important issue because the traditional way that many of us have come to love, is about to disappear. It is amazing how an isolated incident, such as the one at Colorado, can incite such a large frenzy and call for change. The scandal started with a former recruit telling his experiences during his college visit in Boulder at the University of Colorado. His stories included wild parties with unlimited amounts of alcohol and the open availability to sex with the women of his choosing. The term used for these parties was "sex parties" and recruits were told that the women would perform any sexual act he desired. After the recruit made his experiences public, other stories began to surface from other recruits who had similar experiences at Colorado and other schools. The situation came to a boil when a former female player accused some of her team mates of sexual assault at one of these parties. Other students came forward with similar allegations of football players forcing sex from females at their parties. What started as small story ballooned into a very situation and it became very obvious that the recruiting game was out of control and in need of major change. After the stories surfaced out of Boulder, Colorado more stories began to surface around the country and even Brigham Young University kicked off four players for sexual misconduct.

Robotics in the Medical Field Essay -- Robotic Surgery, Technology Ad

The medical field has revolutionized the health and well being of society. Throughout the decades, the medical field has been through sweeping changes that leave society astonished. It seems like each year that passes by, there is a new technological advancement that modernizes the medical field. Not only do these advancements modernize medicine, but they in return aid doctors, nurses, and specialists by improving their effectiveness within the field. About ten years ago, the da Vinci Surgical System was introduced to hospitals and the medical field, in general because the FDA had finally approved the system within the United States (Dunkin). The da Vinci Surgical System, also known basically as robotic surgery, introduced the use of a surgical robot, which is operated by the doctor himself using a controlled manipulator (Declan et al.). Prior to the invention of robot-assisted surgeries, most surgeons simply did a typical laparoscopic surgery on a patient. Laparoscopic surgery is â €Å"a type of surgery performed through several small incisions, rather than one (or more) large ones as in standard "open" surgery† (Schmitz). Through the development of superior technology, such as the surgical robot; it brought about changes that effected doctors, patients, and the medical world. A robot-assisted surgery demonstrates how far America and the whole world have come in means of technology within a particular working field. The necessity for a more superior technology within hospital settings are best supported by the development of the da Vinci Surgical System. In 1991, when the surgical system was introduced to the globe, many acknowledged that this system improved three different aspects of regular laparoscopic surgery: it gave doctor... ...y within a medical setting has stepped away from the shadows and into a brighter future with the development of the da Vinci Surgical System in the medical world. Before the surgical robot, doctors or surgeons would have had to make several incisions to their patient’s body, which would cause the patients recovery to be elongated and possibly painful. The da Vinci Surgical System allows surgeons to make smaller, less visible incisions to the patient’s body and have a better precision during the procedure. Throughout several years, surgeons relied on their typical laparoscopic surgery to be able to provide patients with the procedures that required them to make large incisions through the patient’s abdomen. Nowadays, surgeons and their patients can have a sigh of relief because the surgical robot provides surgeons with the precision that they long strived for.

Marx and Law

JOURNAL OF LAW AND SOCIETY VOLUME 20, NUMBER 4, WINTER 1993 0263-323X Marx and Law ANDREW VINCENT* There is no sense in which Marx can be described as just a legal theorist. He did not write any systematic works on legal science or jurisprudence; however, his observations on law are both immensely penetrating and contain an extremely subtle interweaving of philosophical, political, economic, and legal strands. Marx was also at the centre of many crucial intellectual and political debates of his time.In order to try to unpack some of these debates, elucidate his views on law, and retain some overall clarity, I divide my remarks into five sections, which will inevitably overlap. The sections covered are: the problems of discussing Marxist jurisprudence; the philosophical background to the analysis of law and the state; materialism, political economy, and law; base, superstructure, and the ideology of law; and finally, law, politics, and the state. PROBLEMS OF MARXIST JURISPRUDENCE Ther e are a number of problems for any student of jurisprudence or politics trying to grasp Marx's approach to law. First, there is the puzzling point that neither Marx nor Engels had a positive normative theory of law, crime or deviance. In fact, much of the time Marx appears predisposed simply to ignore the question of law as peripheral, or at least to treat crime as a symptom of the conflict within a class-based society. ‘ He certainly offers no clear encompassing definition of law. Marx's jurisprudential thought is often premised upon a critique of law per se, and what he has to say tends to be overwhelmingly negative in character.This is fine if one's purpose is ‘critique' and nothing else, but it is a definite handicap if one wishes to say something more positive about the nature of law, law reform rather than its overthrow, or the future of law (e. specially if one believes that law has a future role in society). A second problem relates to the sources for Marx's obse rvations on law. It has already been noted that Marx did not have a normative theory of law. It is also clear that what he does say about law, by way of negative critique, does not appear in any systematic format. There are works which begin to *School of European Studies, University of Wales, Cardiff CF1 3 YQ, Wales 371 C Basil Blackwell Ltd. 1993. 108 Cowley Road, Oxford OX4 JF, UK and 238 Main Street. Cambridge. MA 02142. USA HeinOnline — 20 J. L. & Soc'y 371 1993 say something more systematic, like The German Ideology. However, Marx never allowed its publication in his lifetime and it is commonly dismissed (although not by all writers by any means) as either a work of immature juvenilia or a flawed piece of philosophical polemic which does not come up 3 to the systematic and scientific standards of Capital.Marx, it is also commonly asserted, had intended to write a work on law and the state 4 (possibly as an extension of Capital), but he never realized his ambition. Thus, in consequence, the writings and observations on law that we do have are incomplete and must be picked out from a diverse body of writings. Marx's writings are in fact markedly eclectic and can be roughly divided into four often overlapping types: first, the early, more philosophicallyinclined pieces, clearly more inspired by the German philosopher G.W. F. Hegel. Under this rubric would be included the Economic and Philosophical Manuscripts (1844), The Holy Family (1844), The German Ideology (1845/6), and The Poverty of Philosophy (1847). The second type of writing is the polemical pieces written for particular political objectives. The most famous of these is the Communist Manifesto (1847/8). The overt character of these polemical writings- despite their wide dissemination, immense influence, and popularity – is their simplification of issues and doctrines.This can be a problem in assessing what Marx actually believed, rather than what he needed to put forward for polemical thrust and cogency. The third group of writings relate to Marx's observations on particular historical events. Probably the most famous of these, and the most convoluted and ambiguous, is the 18th Brumaire of Louis Bonaparte(1852). The writings in this context employ Marx's immensely sophisticated method of close historical analysis, although the final upshot of such pieces has given rise to many hostages to fortune especially over the theory of law and the state.The final group of writings settle upon his systematic economic theories. The most famous of these are the earlier Grundrisse (1857/8) and the later Capital (1867-85), which remained incomplete at Marx's death. In sum, Marx's observations on law must be, and usually are, picked out from these diverse writings. It is hardly surprising that there should be oddities, fierce contestation, and discrepancies over such fragments. A related point to the diversity of the above writings is the fact that many commentators on Marx arg ue that there is a marked shift or break in his perspective.The break usually occurs between the ‘younger' and ‘older' Marx. The character of the shift, which was called the ‘epistemological break' by the French Marxist, Louis Althusser, is between an earlier philosophically and morally-inclined Marx, clearly inspired by Hegel, and the mature Marx, focused on political economy and intent upon constructing 5 an empirically-based social and economic science of history and society. This judgement on the distinction between the late and early Marx is often supposed to direct our attention to the late Marx and a consequent dismissal of the early philosophical Marx.In this reading, Marx's early interest in ‘alienation' is superseded by a social scientific theory of economic ‘exploitation'. The development of a clear vision of the early Marx was perhaps 372  © Basil Blackwell Ltd. HeinOnline — 20 J. L. & Soc'y 372 1993 partially hampered by the fact t hat the key early writings – the Economic and PhilosophicalManuscripts – were not actually discovered and published till the 1920s. Marx certainly never contemplated their publication during his lifetime.Whether one takes the epistemological break seriously or not, there are undoubtedly changes in Marx's perspective on many issues including law. 6 These cannot be ignored by the student of Marx, although what one reads into these changes remains contestable. Another problem concerns Marx's intellectual relation with Friedrich Engels. There has been a strong tendency in Marxist writings to associate the two men closely with one pristine doctrine. It appears that in fact Marx's definite turn to economics (political economy) was confirmed through his initial contact with Engels' writings.As editor of the Deutsch-Franziisische Jahrbiicherin Paris, in November 1843, Marx had received an article from Engels, entitled ‘Outline of a Critique of Political Economy', which s timulated the economic turn in his own work. Their working relation began a year later in 1844. 1 However, despite their collaboration on works like The German Ideology and The Communist Manifesto, it is far from clear that we should associate them, especially on questions of their philosophical beliefs or their subsequent ideas on law and the state.This point has been made by a number of scholars, although it is still far from resolved. It is clear, for example, that Marx did not formulate a lucid doctrine of materialism, whereas Engels clearly lays out such a doctrine, particularly in popularizing works like Socialism: Utopian and Scientific (1880), the Anti-Diihring (1885) and the Dialectics of Nature. Marx nowhere used terms like ‘dialectical materialism' or ‘historical materialism'. Neither did he coin terms (which are relevant to the discussion of law) like the ‘withering away of the state'.This latter idea, again, was Engels's terminology from the Anti-Diihr ing. Marx did not apply the notion of dialectics to nature itself. His belief remained firmly fixed in the social sphere of human emancipation. Engels was far more ambitious, some would say foolhardy, extending dialectics to the natural world. ‘ The ultimate consequence of Engels's doctrine was a virtual reenactment of an older form of mechanistic materialism resonant of the French Enlightenment, which Marx had attacked in his early unpublished work, the Theses on Feuerbach.Engels's doctrines later became established in the writings of Lenin, particularly Lenin's philosophical work Materialism and Empirio-Criticism and Plekhanov's Materialism Militant, and subsequently it dominated much of the theoretical output of the Second International and the leading Marxist party of the time in Germany – the Sozialdemokratische ParteiDeutschlands(SPD). 9 However, Marx's theory of knowledge, if it can be summarized, hung uneasily between a classical materialism and an idiosyncratic use of Hegelian idealism.One can overemphasize the differences between Engels and Marx; however, we ignore them at our cost. If we are trying to understand Marx, it is not wise to place too much reliance on Engels's own personal output. One final problem concerns Marx's use of the concept of law itself. There are two terminological points to note here. The first concerns the German 373 D Basil Blackwell Ltd. HeinOnline — 20 J. L. & Soc'y 373 1993 word, Recht. It is virtually equivalent to the terms jus, droit or diritto, as distinct from lex, loi or legge. This distinction does not really work in English.Recht in German is not limited to law or jurisprudence but can encompass the issues of civil law, justice, right, and morality. In Hegel, the initial focus of Marx's interest in law, Recht embodied the above themes, but also what he called the ‘ethical life', the state and, ultimately, aspects of world history. In fact, the work on which Marx spent so much time in his early years, Hegel's Grundlinien der Philosophiedes Rechts, is sometimes translated as The Philosophy of Law, The Philosophy of the State and, more usually, The Philosophy of Right. 0 It is important to bear in mind this ambiguity when considering Marx's observations on law (as Recht); when Marx addresses law, it is not strictly parallel to English usage. The above connects up with the second point, which is often confusing to audiences from the British or Anglo-Saxon legal traditions. Hegel's work, referred to above, was, as much as anything else, a theory or philosophy of the state. This is encompassed, to some extent, in the broad use of the term Recht. Thus, the treatment of the state might be said, inclusively, to be also a treatment of law.This kind of approach resonates more with the Roman law and civil law traditions of continental Europe than with the common law tradition of Britain. † However, it is worth taking note of this point since it throws a ray of light on so me of Marx's writings; namely, his critique of the state is to a large extent also a critique of law. ‘2 One small biographical detail could be added here, which might add some substance to this point. When Marx was writing in a more reflective way on the state and law, he was in Germany and France.His early legal training had been in Germany (although he gave it up for philosophy) and he was reflecting and writing within the Hegelian genre. Much later in his life, in the late 1870s, when puzzling over whether to write more on law and the state, he had been living and working for a number of years in Britain, enough time to pick up on the peculiarities and idiosyncracies of the English legal tradition and its odd relation to the state. This might explain some of his later ambiguities, as opposed to his earlier certainties, on the state. Finally, the interest in Marx on law, despite the ork of the Soviet jurist Evgeny Pashunakis in the 1920s and 1930s, and Karl Renner in Austri a, was not really a subject of wide-ranging debate until the 1970s. As Maureen Cain and Alan Hunt have commented: the prevailing trend from the 1930s to the 1960s displayed an almost exclusive emphasis on the repressive or coercive character of law, conceived as the direct embodiment of the interests of the ruling class. In this conception law itself is unproblematic: the analysis of legal development or new legislation has the task merely of exposing the class interest 3 contained in them.What was discovered in the 1970s, presumably under the impact of the surge of interest in the Italian Marxist, Antonio Gramsci, was the conception of law as ideology and, in consequence, law as a crucial part of the intellectual hegemony of capitalist societies. In this sense, the more wide-ranging and 374 (D Basil Blackwell Ltd. HeinOnline — 20 J. L. & Soc'y 374 1993 popular interest in Marx on law is a relatively recent development. It is thus very tempting, in dealing with this topic, to refer to the developments in Marxism itself to the present day.The major danger with this path is that the discussion can become wholly enmeshed in the recent material and Marx becomes a distant memory. I have tried to avoid this trap here. Although contemporary developments are not ignored, the principal focus is on Marx's writings. THE PHILOSOPHICAL BACKGROUND TO THE ANALYSIS OF LAW AND THE STATE There are three points to note concerning Marx's philosophical background which are relevant for his later project and his overall understanding of law. First, the premises for his critique of law are derived from his initial philosophical criticism of religion and the state.Secondly, his analysis of the conception of ideology and the ‘illusory' character of bourgeois thought (including law) lies in early essays like ‘On the Jewish Question'. Finally, his first inkling of the economic roots to social and political thought can also be found in his early essays – particu larly the Economic and Philosophical Manuscripts and his article on ‘Law on Thefts of Wood' in the Rheinische Zeitung (1842). 1 take the first two issues as most significant. The last point, to a large degree, follows from the first two.From the late 1830s, Marx had determined to get to know Hegel ‘from beginning to end'. 4 Together with Bruno and Edgar Bauer, Arnold Ruge, Max Stirner, and Ludwig Feuerbach (the so-called young Hegelians), Marx studied Hegel's works assiduously through the late 1830s and early 1840s. Feuerbach was the most influential figure in the group. Initially he had been a disciple of Hegel's philosophy, and in some ways he never abandoned it. 5 Feuerbach, however, did engage in a dialectical critique of Hegel – using Hegel's own method to criticize him.Hegel's definition of humanity through its thinking abilities, specifically through the notion of Spirit (Geist), is, for Feuerbach, one step short of reality – or, at least, it is inve rted reality. Hegel explained humanity through consciousness (or mind); however, for Feuerbach, it is sensuous and materially-rooted humans who think, not some abstract consciousness or mind. The transcendental ego of Kant, the absolute ego of Fichte, or Hegel's notion of Spirit (the great themes of German philosophy) were all seen by Feuerbach as sensuous human creations.Thus, the basis of Feuerbach's critique of Hegel is that the latter was offering, unwittingly, an ‘esoteric theology'. Humans are not vehicles for Spirit (Geist); rather, humans create the notion of Spirit. In fact, for Feuerbach, humans create God in their own image. Thus, in Hegel, ‘What was a logic of Being becomes [in Feuerbach] a psychology of human concept formation'. 6 Philosophy, in actuality, reflects human wants and needs. This critique of Hegel's ontology was directly related to Feuerbach's equally important critique of religion in The Essence of Christianity. Hegel's 375 n Basil Blackel1 I t dHeinOnline — 20 J. L. & Soc'y 375 1993 philosophy is, in point, interpreted as the last speculative outpost of God. Speculative philosophy and religion needed to be led from the realm of mental abstractions into the realm of sensuous humanity. For Feuerbach, in essence, all ‘theology is anthropology'. The true object of religion is not God but idealized humanity. Religion is the alienated form of the individual's recognition of his or her own nature. God is the creation of the human imagination, unknowingly idealizing itself. Thus, Feuerbach claimed that some radical demythologizing was needed.Love of God is really love of humanity in symbolic inverted form. Theology is kind of psychic pathology. The separation between God and humanity is really a separation within humanity itself. Religion is a form of alienation from our essential natures. The demythologizing was to be accomplished by the technique Feuerbach called ‘transformative criticism', namely, the interc hanging of the subject and predicate of propositions. For example, an understanding of God is not crucial for understanding humanity; conversely, an understanding of humanity is crucial for understanding the idea of God.The real subject is humanity, the predicate is God. These arguments affected profoundly the thinking of the young Hegelians. Marx, particularly, was initially enthralled, but soon turned to his own critique of the young Hegelians, especially Feuerbach. In his Theses of Feuerbach, he argued that Feuerbach's great achievement had been to bring holy ideas down to earth. However, he had retained an abstract materialism and theoretical humanism. What was needed was a practical humanism and a new understanding of materialism which took account of the social and economic reality.Philosophy must be moved away from mental abstractions and contemplation into the realm of social, political, and economic realities. Feuerbach was thus also subject to the demystification of transf ormative criticism. Practical and sensuous humanity, embroiled in economic and social realities, is the real subject, not theoretical humanity. I7 This critique of Feuerbach also forms the basis for Marx's critique of Hegel, religion and, finally, the state and law. It also led him to his crucial life project – the study 6f political economy. Marx accepted, implicitly, one theme in both Hegel and Feuerbach.Philosophy is about emancipating human beings. History was imbued with teleological significance as to the growing possibility for and realization of freedom, although this theme become very shrouded in his later writings. Religion purported to be about emancipation; however, for Marx, again, the reality was inverted. As he stated: ‘The criticism of religion ends with the doctrine that man is the highest being for man'. 8 Religion per se could not be overcome by simply drawing people's attention to its inverted logic (with due respect to Feuerbach).For Marx, one had t o grasp, critically, the social, political, and economic roots as to why people sought consolation in religion. A criticism of religion was, in essence, social and economic criticism. This exactly paralleled his criticisms of Hegel's notion of the state. For Hegel, humans were self-constituting and self-producing creatures. There was no sense in which we were simply the passive products of historical 376 D Basil Blackwell Ltd. HeinOnline — 20 J. L. & Soc'y 376 1993 forces. For Marx, Hegel's view was correct, but again the reality had been inverted.Hegel's Geist (Spirit or Mind) was really labouring humanity. Hegel, for Marx, made the ‘exoteric esoteric'. 9 Hegel had grasped the centrality of labour (self-production) but only in its mental form (in consciousness). Thus, Marx refers to Hegel's philosophy as ‘concealed criticism that is still obscure to itself. 20 For Marx, humans produce themselves by actual labour and through the ensuing social relations in the wor ld. Thus, Marx moved from regarding Hegel's philosophy as an esoteric psychology gradually to regard it as an esoteric economic thesis.Hegel's philosophy of the state (and law) had a correct content but in an inverted and mystified form. Marx in fact treats Hegel's Rechtsphilosophieas summing up German reality at that time (in its mystified form). As Marx put it: The criticism of German philosophy of the state and of law which was given its most consistent, richest and final version by Hegel, is †¦ the critical analysis of the modem state and the reality that depends upon it'. 21 Hegel had argued that humanity and civil society were the product of the state.The state is seen to stand above the conflicts of society. However, for Marx, again the reverse is true. Individuals in civil society, embroiled in economic forces and classes, and hedged about by private property rights, produce the state which, of necessity, reflects differential and unequal property relations and powers. Abstract property rights are embodied in the state. The state exists to maintain this interest. The modern state gives people legal rights and freedoms, premised on the idea of humans possessing property.However, such property is of necessity premised upon the alienation and denial of such freedom to a large proportion of the population. As Marx observed, the critic must now grasp ‘the essential connection of private property, selfishness, the separation of labour, capital and landed property, of exchange and competition, of the value and degradation of man'. 22 The logic of private property is the same as that logic of religion. As human beings alienate their essence into God, so workers alienate their essence into the production of goods.Workers, in receipt of wages, only secure a small proportion of what they produce. Thus, they alienate their essence into goods which others consume, use or embody in their private property – a property upheld by the state and legal s ystem. Moving now to the second point of this section, Marx's early essay ‘On the Jewish Question' deals, on the surface, with question of the repeal of legal disabilities for Jews in Germany. The essay is interesting on a number of counts; however, one point will suffice for the present discussion.Marx indicates that the illusions that were to be found in the religious consciousness could also be found in law. The basic point was that humans turned to religion in particular historical circumstances. Young Hegelians, like Bruno Bauer, had argued that the demands for Jewish emancipation precluded genuine emancipation, since the demand was formulated in religious terms namely, Jews. The state, for Bauer, must abolish all religious categories. The secular state provided the real solution for Bauer. Marx responded to this by 377 C) Basil Blackwell Ltd. HeinOnline — 20 J. L. & Soc'y 377 1993 rguing that religion per se was not the problem, but, rather, the state and legal sy stem itself. Religion is an illusory (if crucially important) pathology, but it is a reflection of a broader ‘illusion' pathology within the secular state. A secular state does not free human beings. Rather, the state embodies as many, if not more illusions than religion; illusions of secular states are structurally similar, and, in fact, related to religion. As Marx put it, in somewhat tortuous prose: We do not insist that they must abolish their religious limitations in order to abolish secular limitations.We insist that they abolish their religious limitations as soon as they abolish their secular limitations. We do not change secular questions into theological ones. We change theological questions into secular ones. History has for long enough been resolved into superstition: we now resolve superstition into history †¦ We criticize the religious weakness of the political state by criticizing the secular construction of the 23 political state without regard to its reli gious weaknesses. In short, for Marx, the political world of the secular modern state was as much a tissue of illusions as religion. 4 Underpinning the modern state are the illusions about private property and commerce, and the legal structures which uphold them. The final theme, with regard to his early writing, concerns his essay on the ‘Theft of Wood' in the Rheinische Zeitung in late 1842. The ‘Wood Theft' essay, as Marx later observed, was the first time that he saw clearly the socioeconomic issues which underpinned law (viewed through the lenses of the transition from feudalism to capitalism). The common feudal and customary right of gathering wood was effectively being ‘privatized' by commercial society.Rural poverty was itself the product of the redefinition of property as ‘private property'. In this sense, law was facilitating capitalism. Oddly, in this essay, Marx's solution was a restoration of older customary rights (although a slightly odd use of them) against the new right of private property. As he put it: ‘We reclaim for poverty the right of custom which is not a local one 5 but which is that of poverty in all lands'. 2 It is worth noting, though, that many of Marx's early writings do not envisage the abandonment of law or the state.He adopts, in fact, a quasi-natural law or customary law position (from a strictly secularist position), arguing, in essence, that certain newer laws are not really valid or real in the context of what real law ‘ought' to be like – namely law ought to be, as Marx put it, ‘the positive existence of freedom'. 26 It is also clear that he was not envisaging the abolition of the state; conversely, he anticipated a more radical democratic state upholding the fundamental rights and freedoms of the masses. In many ways these uasi-natural law themes and radicalization and democratization of the state do not disappear in his later writings; rather, they are submerged below the intellectual surface. The surface, in many later writings, becomes more positivist and economic in character; however, the underlying themes of human emancipation as a genuine need of human nature, the correct ways in which humans ‘ought' to act towards each other, and the future structural character of society, still subsist, but certainly not in any easy or comfortable relation to the positivism. 378 (D Basil Blackwell Ltd.HeinOnline — 20 J. L. & Soc'y 378 1993 MATERIALISM, POLITICAL ECONOMY, AND LAW Marx was a materialist of sorts, although, as pointed out earlier, he never described himself as a historical or dialectical materialist. There are various senses which can be attached to the term materialism. Marx had no interest in materialism in the colloquial sense of a ‘seeking after consumer goods' which we might now call consumerism. Neither does he have much interest in mechanistic Enlightenment materialism, seeking to explain humanity via certain mechanical analogies – l'homme de machine.Neither strict physical 2 materialism nor behaviouralism were of any interest. 7 Marx's concern with materialism must be set against his reaction to Hegel's idealism, as examined in the previous section. Put at its simplest, Marx wanted to insist that human beings must subsist (and labour to subsist) before they cognitively speculate or think a great deal about their condition. Our social and economic being is thus prior to our reflective consciousness. The material conditions of our lives form the true basis for both our cognitive life and our social and political structures.We can observe here the ‘transformative criticism' at work again in the basic rudiments of Marx's thought. The ‘subject' is not self-conscious thought, nor is material life the ‘predicate': the converse is true. Subject and predicate must be transformed. It is important to bear this method in mind: namely, that Marx comes to his basic materialist conclusi ons from a philosophical direction. Marx does not suddenly ‘see the empirical light' on some Damascus road or come to such conclusions from empirical observation.His route to such premises is philosophical. One problem here is that even if we focus on Marx's particular type of materialism there are still distinct and competing versions of it. We might call these the stricter and looser versions. We will encounter parallels to this distinction in other areas of Marx's thought and there remains considerable debate as to where Marx's sympathies lay. The stricter materialism might be called ‘unidirectional determinism'. Material conditions causally determine thought and political and social structures.This is the dimension that Engels, Lenin, Plekhanov, and Kautsky picked up on, and it reappears in structuralist Marxism, amongst other varieties in the later twentieth century. This materialism looks, and occasionally tries to act more like a natural science. † In some m ore recent analyses of Marx it is connected to the idea of the ‘epistemological break'; that is, the mature Marx is the ‘scientist' and ‘unidirectional determinist'. The alternative looser materialism can be observed in the elusive Marxist doctrine of ‘praxis' (where ‘theory' and ‘practice' have a symbiotic and reciprocal relation).The basic logic of a praxis argument denies the basic premise of the unidirectionality claim; that is, it asserts that reflective thought and consciousness (as embodied in philosophical, economic or legal thought) can actually affect our material conditions. We can accommodate our theory to our practice and vice versa. Put simply, human reflective thought has definite efficacy; it is not just an epiphenomenon of the material conditions of life. This form of looser materialism can be observed in some of Marx's 379  © Basil Blackwell Ltd. HeinOnline — 20 J.L. & Soc'y 379 1993 writings and in the subsequent Marxis t tradition in writers like Antonio Gramsci, Georg Lukfcs, and Karl Korsch. 29 Such a looser materialism is also more aware of the contestable nature of economic and social categories. The particular form of Marx's materialism is premised on political economy. The basic components of the doctrine can be stated as follows: human beings must subsist in order to survive and in so doing they labour. In labouring, humans use certain material technologies (crudely) or modes of production.In working within a mode of production, whether in a medieval rural context with a plough or within a nineteenth century factory with a machine, humans come into relations of production, that is, relations with other human beings within the productive process. Relations of production crystallize into groups called classes whose relations are determined by the particular form or mode of production. As forces of production change, so do relations of production. 3†³ In capitalism, for example, there are two fundamental classes. Proletarian workers sell their labour for a wage. Workers produce more than receive.The wage only provides subsistence. The capitalist class sells the products of the workers to gain profit. Capitalism thus subsists by extracting labour value from its workforce. The interests of the capitalist class necessarily conflict with those of the proletariat. Thus, material conditions of economic life form the real basis to social existence. Political and legal structures can only be understood via these material conditions. Marx, in one of his more synoptic semi-autobiographical pieces of writing, Preface to the Critique of Political Economy, called this whole 31 process the ‘leading thread' of his studies.It is worth remarking at this point that Marx's views on this ‘leading thread' have given rise to another debate which parallels the stricter and looser senses of materialism. There are interactive and passive notions of economic reductionism. On the passive view (which corresponds to stricter materialism), law and the state emerge instrumentally from economic forces. They have no independent efficacy or reality. The state and law are not understood to arise from conscious human intention; rather, they reflect the 32 class struggle that takes place in the context of the economic base of society.Many Marxists writers find themselves uniformly uneasy with this form of passive reductionism. 3 3 In this more sceptical reading, Marx's Preface (mentioned above), as well as many works by Engels, are not regarded as adequate representations of the totality of Marx's views. Antonio Gramsci, for example, regularly dismissed this more passive view in the curt phrase ‘economism'. For such critics, passive reductionism contains an impoverished and simplistic conception of the state and law. It does not grasp the more interactive quality of the state and legal system, and it ignores the conflicts between classes over authority within st ate.Neither does it explain how the economic base actually ‘determines' law. The actual causal mechanism remains inchoate in Marx's writings. Marx's texts, it is argued, are rife with potential for more interactive readings. However, the Marx of the Preface could reply to this criticism by arguing that such a view is in imminent danger of ‘legal fetishism', where law is seen as both necessary for 380 D Basil Blackwell Ltd. HeinOnline — 20 J. L. & Soc'y 380 1993 the existence of society and autonomous from economic or class factors. There is nothing unique about law in the passive reductionist reading.However, most exponents of interactionism would not want to argue that law has total autonomy; rather, that the law can, in certain circumstances, act upon economic life and can either facilitate or work against a particular mode of production. The ambiguities over these various positions can be observed in Marx's classic account of the transition from feudalism to ca pitalism. As commercial capitalism slowly develops at the economic base it, of necessity, erodes feudal relations. It is no use to capitalists that a workforce is tied by feudal bonds to a particular aristocratic landowner or piece of ancient property.In addition, communal land (or wood), which all can freely utilize as a common resource, is also deeply inconvenient for capitalism. Property, for capitalists (as in Marx's observations in the wood theft article), must be privately owned and tradable. Labour must also be free of feudal ties in order to travel where the work is needed by capitalists. These processes were obviously facilitated by coercion and outright violence, as in many cases of enclosure; however, as Marx noted, law also expedited the whole process in developing sophisticated systems of property law, contract law, and tort.In creating a landless poor (‘free labour') and a contractual private property-based law, the groundwork for capitalism was gradually laid. T he problem is how to read these events. On the one hand, law could be seen (as in the interactive thesis) as semi-autonomous, providing intentionally the conditions for changes in the mode of production. In fact, it is arguable that law consciously constituted the integuments of a mode of production. This argument throws doubt on the unidirectional determinism and passivity thesis.On the other hand, law can be read as a coercive structure representing the actual dominance of the bourgeoisie of the means of production, but determined by the laws of the economic base. In this latter reading, law has no autonomy whatsoever. It simply and instrumentally reflects the economic base. Support for both lines of argument can found in Marx. BASE, SUPERSTRUCTURE, AND LEGAL IDEOLOGY The basic idea of base and superstructure follows neatly from the previous section. In fact, once again, we find similar disputes being echoed from previous sections.One theory sees a precise causal relationship. The other theory sees a looser tendency and more interactive quality in base and superstructure. This latter theory leads some critics to bewail even the use of terms like ‘base' and ‘superstructure'. It is argued that it would be far better if we treated these terms as more or less useful metaphors, not referring to any empirical reality. 34 As in many of Marx's writings, half the problem here might simply be because Marx never really addressed the problem head on. 5 The terms occur in certain writings, but Marx did not appear to have any inkling of how much significance was going to be placed on them by 381  © Basil Blackwell Ltd. HeinOnline — 20 J. L. & Soc'y 381 1993 subsequent generations. The older instrumental causal account of base and superstructure sees a clear correspondence between laws and political institutions (superstructure) and the economic base. As Marx put it unequivocally in his Preface to a Critique of PoliticalEconomy: With the change of the economic foundation the entire immense superstructure is more or less rapidly transformed.In considering such transformations a distinction should always be made between the material transformation of the economic conditions of production, which can be determined with the precision of natural science, and the legal, political, religious, aesthetic or philosophic – in short, ideological forms in which men become conscious of this conflict†¦ Just as our opinion of an individual is not based on what he thinks of himself, so we can not judge such a period of transformation by its own consciousness; on the contrary, this consciousness must be explained rather from the contradictions of material life. For example, laws on land tenure in the feudal period (a superstructural phenomenon) changed markedly with the development of capitalism. The real foundation for these changes and the explanation of them would be sought in the actual change in the modes and relations of productio n – the material base. There are a number of minor problems with the above view. First, it is not easy to see how the above thesis explains why certain types of law occur. For example, how, on the above model, would one explain factory legislation, which controlled the activities of capitalists?Alternatively, what of social welfare legislation or legislation which enacts progressive redistributive taxation? Admittedly, it could be replied here that such laws indirectly help capitalism by improving the condition of the working class and preventing revolution, while paying a minimum cost. Thus, despite appearances, such legislation aids capitalism: it is in essence still a business proposition. This counter argument might hold for some legislation, but what of other laws which prevent abuse to children, punish rape, or ensure the proper care of the mentally handicapped?What of laws which define the roles of an official in local or central government or, alternatively, traffic l aw? Surely it is not as easy to explain these as clearly causally related to the economic base of capitalism. Any attempt to do so would surely look very far-fetched. In other words, the instrumental thesis does not account for the totality of law. Secondly, certain legal rules appear to be part of the relations of production, for example, contract law. The relations of production are held together by such contractual rules. They form a kind of social glue for such economic practices.The question arises, therefore, can we separate out contractual law and the relations of production? If the relations of production are constituted by legal vocabulary then there can be no clear determination of the superstructure by the base. Thus, for these, and many other reasons, a number of commentators have felt distinctly uneasy with the instrumental/ causal base superstructure model. 3 7 In fact, Marx did not use the model with any great frequency and late in life Engels also wrote a number of o ft-quoted 3s qualifying letters which appear to give a lot of ground to sceptics.As noted above, in the quotation from Marx's Preface, Marx often tended 382 (C Basil Blackwell Ltd. HeinOnline — 20 J. L. & Soc'y 382 1993 to view ideology from a similar causal perspective. One way of viewing an important dimension of the superstructure is as the body of ideas of a society. Marx refers, in the above quotation, to the legal, political, religious, aesthetic, and philosophical ideas of a society. The quotation clearly takes a ‘reductionist' and ‘instrumental' view of ideology. Ideas are explained via their connection to the material base.Legal ideology is thus, once again, part of the consciousness of bourgeois society, and, as Marx clearly observed: ‘Just as our opinion of an individual is not based on what he thinks of himself, so we can not judge of such a period of transformation by its own consciousness'. Thus, overt legal ideas and forms tells us virtually n othing substantive – they merely reflect deeper economic changes. 39 It is understandable in this reductionist reading that Engels and others should thus have referred to ideology as the ‘false-consciousness' of a class like the bourgeoisie.Lawyers might thus be regarded as professional ideologists or ‘waged hacks' (in fact like most intellectuals, professional groups, and academics) for the bourgeoisie. Subsequently Marx's ideas came under certain pressures and a number of questions arose 0 In his early writings Marx appeared to be contrasting ‘ideology' with ‘reality as practice' – a form of philosophical materialist ontology. Liberal capitalism was in an equivalent position to religion as a distortion of the human essence. Later this contrast became ideology (as distortion) as against natural science (as truth or knowledge).The change in perspective here refers, once again, to the idea of an epistemological break in Marx's writings. However, in both these views, it remained unclear as to what to include within the term ideology. In some writings it appeared to be widely inclusive – consciousness in general. In other writings he appeared to limit himself to economic and political ideas. The question arose at the time (which is still unresolved) as to whether natural science was part of ideology or was wholly distinct. Marx also did not explain, as mentioned earlier, the precise mechanisms of determinism.For example, it is not clear (taking A as the economic base and B as legal ideology), whether ‘determine' means that A causes B, tends to affect B, or sets parameters to B, or alternatively, whether there is a symbiotic relation of A to B. 41 In strictly practical terms, such corrosive ambiguities do link up to quite ordinary questions on legal activity. As Hugh Collins observes: ‘The question is whether a judge follows instrumental considerations with a class character or operates a discrete 42 mode of reasoning'. Marxists have gone on struggling with the concept of ideology.Some, like Gramsci, found inspiration in ideas of ‘relative autonomy', which allows some leeway for ‘a discrete mode of legal reasoning'. In Gramsci's thesis (which for some is present in Marx's writings like the 18th Brumaire), domination under capitalism is not simply achieved by coercion, but, subtly, through the hegemony of ideas. The ideology of the ruling class becomes vulgarized into the common sense of the average citizen. Power is not just crude legal force, but, conversely, domination of language, morality, and culture. Laws, for example, become internalized within the consciousness of 383  © Basil Blackwell Ltd.HeinOnline — 20 J. L. & Soc'y 383 1993 each citizen. The masses are quelled and co-opted by this internalization of ideas. The hegemonic ideas become the actual experiences of the subordinate classes. Bourgeois hegemony moulds the personal convictions, norms, and aspirat ions of the proletariat. Gramsci thus called for a struggle at the level of ideology. Organic intellectuals situated within the proletariat should combat this by developing a counter-hegemony to traditional intellectuals upholding bourgeois hegemony – which might be considered as the basis of a credo for critical legal studies.In sum, this perspective does not consider law as just instrumental. Law does not necessarily uphold the interests of the ruling class and it is not simply determined by the economic base; in fact, it may have some counter-determining role on the base itself. These themes will be pursued more intently in the final section. LAW, POLITICS, AND STATE One view of the state and law, which predominates in Marx's writings, is that they are a condensation of the economic interests of the dominant class.The state is thus viewed as the ‘executive committee to manage the affairs of the bourgeoisie'. The state acts as its oppressive agent in civil society, su ppressing proletarian interests in favour of capital accumulation. The personnel of the state owe allegiance to one particular class – the bourgeoisie. Lawyers would be viewed as waged lackeys of the bourgeoisie. Law is part of this oppressive mechanism and embodies the ideological mystifications of bourgeois intellectualism. The bourgeois capitalist class dominates political power hrough its domination of economic power. This is the more traditional view of the state, epitomized in The Communist Manifesto. As Marx stated unequivocally in the latter work: Your very ideas are but the outgrowth of the conditions of your bourgeois production and bourgeois property, just as your jurisprudence is but the will of your class made into law for all, a will whose essential character and direction are determined by the 43 economical conditions of existence of your class. The above argument is a form of class reductionism.The bourgeois state and legal system are class-based phenomena. Cl ass, for Marx, refers to large social groups linked together in certain social relations within a mode of production. Each class receives differential rewards, power, and status. Relations between classes tend to be conflictual. Within the instrumental perspective, the state and legal system are seen to condense the interests of one class. The state is not a representation of any collective good or impartiality. It is, rather, integral to certain specific economic interests in society.Class interests are seen to manage the state apparatus in the interests of that class – the bourgeoisie in capitalist society. The history of states is therefore subsumable under class interest. Marx tended, in many writings, to interpret nineteenth-century legislation, particularly in Britain, in such class terms. For example, the passing of the Reform Bill and Ten-Hours Bill, and 384 (D Basil Blackwell Ltd. HeinOnline — 20 J. L. & Soc'y 384 1993 the repeal of the Corn Laws, were seen as aspects of the economic conflict between the bourgeoisie and landed aristocracy.The above view reflects dolefully on a number of issues. First, there does not appear to be any difference between a democratic rule-of-law constitutional state (Rechtsstaat) and an unconstitutional, undemocratic despotism. Both are simply exploitative class-based entities. † The former state simply shields its basic exploitative character more successfully, particularly under guises like the ‘rule of law'. Secondly, both the ‘general' rule-of-law principle and ‘particular' property, contract or criminal laws, are simply there to buttress the property owners of capitalism.The rule of law is a typical example of legal fetishism, namely, giving law a false autonomy from the economic and class base of society. In times of high productivity, the constitutional capitalist state will give the appearance of some concern, via state spending, but it will show its true colours during perio ds of economic crisis. The first cuts will always be to the welfare of working people. The rule of law is thus an elaborate confidence trick. 45 Thirdly, Marx suggests that the so-called equal rights of liberal states have grossly unequal effects.The rights 4 of human beings are in reality the rights of bourgeois men in civil society. 1 They protect individual capitalists in their exploitative practices and they protect the unequal economic results of such practices. Rights are associated with individuals who ‘own' them in order to protect private interests. Rights thus shield the basic inequalities and exploitative practices of bourgeois culture. Bourgeois culture ignores material inequalities and slavishly adheres to formal legal, moral or political equality of rights.Marx found this whole scenario profoundly objectionable. Equally, from the same perspective, the justice that we observe in liberal societies is another aspect of the ideology of capitalism. It concentrates min imally on how goods might be distributed (if it gets as far as distributive justice) and ignores the massive inequalities implicit in the production process itself. In other words, it shuts the stable door after the capitalist horse has bolted. Justice is not a virtue for communists. Marx thus quite explicitly takes an anti-justice and anti-rights stance.With genuine communism, there would be no classes, no coercion, no conflict, and no private ownership; in consequence, there would be no need for justice or right claims. If there is abundance and communal ownership, then there is no reason for principles of allocation or any allocating or adjudication mechanisms. In sum, Marx objects, in this reading, to the whole notion of the juridical legal state as a complex sham. As law is integral to the idea of the state in Marx, so the antistatist stance of communism implies the abolition of law.The traditional account above is not without some internal ambiguity, particularly over notions like ‘the dictatorship of the proletariat'. This latter doctrine envisages the state as not so much a negative, coercive, backwardlooking institution, as rather an instrument of positive revolutionary change utilized for the benefit, ultimately, of humanity (even if it is still viewed as a transitional entity). Marx's own qualified fervour for the state can be observed, even in Capital,where he remarked enthusiastically on the work of 385 0 Basil Blackwell Ltd. HeinOnline — 20 J. L. Soc'y 385 1993 the Factory Inquiry Commission in Britain, specifically the work of Leonard Horner, as rendering ‘undying service to the English working class. He [Leonard Horner] carried on a life-long contest, not only with the embittered manufacturers, but also with the Cabinet'. 47 Marx later commented, with evident relish, that British manufacturers compared the factory inspectorate 4 8 with revolutionary commissioners of the French National Convention. However, this was hardly a n egative coercive vision of a class-based state functioning only in the interests of the bourgeoisie.The stricter class view of the state and law also suggests that if there were no class there would, in turn, be no law and no state. Class conflict is the prerequisite of the state. This view was later crystallized in Lenin's work, The State and Revolution. This idea, in turn, gives rise to the idea (initiated by Engels and carried on by Lenin, although many would contend it was also present in Marx) that the state and legal order will ‘wither away'. In this sense a communist society would be stateless and lawless (in a strictly descriptive sense).Thus, from the standpoint of a strict materialism, the state is not a major player. The end. result of this looks very much like communist anarchism, although Marx himself argued fiercely against such a conclusion and showed only vitriolic contempt for anarchists like Proudhon and Bakunin. However, Marx never resolved this issue of the relation between communism and mainstream anarchism. However, the class reductionist and instrumental perspective does not represent the totality of Marx's writings. Let us take the question of class first.Class, in certain works, is seen as more complex, fragmented, and containing fractions with no overt connection to political or legal domination. The state and its legal system, in this reading, clearly does not embody the interests of a ruling class. In addition there can be, as Marx demonstrated with great verve in the 18th Brumaire, intra-class conflict between fractions. Marx mentions four fractions within the bourgeoisie who often conflict: landed property, the financial aristocracy, the industrial bourgeoisie, and commercial bourgeoisie.In addition, the lumpenproletariat are kept separate from the proletariat, and the petty bourgeoisie from the peasantry. As one commentator has remarked, ‘the recourse to â€Å"fractions† of classes . . . indicates that . . . â €Å"class† is not a sufficiently precise concept to be of value in explaining particular events'. 49 Law, in this fraction perspective, can actually become a ‘site of class struggle'. 50 Laws are therefore not always oppressive in the interest of one class. In fact, many laws can benefit the working class, for example, factory legislation. Certain laws also result from pressures from multifarious groups outside social classes. In addition, the notion of class remains deeply ambiguous since Marx nowhere explains its precise relation to property ownership. The doubts over the relation between class and state, outlined in the 18th Brumaire,led Marx to suggest that in the conditions that pertained in France in the period 1848-50, the state did not represent any bourgeois fractions, or even the bourgeoisie in general. In fact, Marx contends that the state and law may work against the interests of the bourgeoisie. 52 This effectively under386  ©D Blackwell Basil Ltd. HeinOn line — 20 J. L. & Soc'y 386 1993 ined both the idea of the direct synonymity of ‘class' to ‘law' and ‘state', and also the necessity of class for analysing the state (although both these views are strongly maintained by Marx in The Communist Manifesto, amongst other writings). It is these qualifying arguments of Marx which enabled the development of what is now called ‘state autonomy theory', which has powerfully shaped late twentieth-century Marxist studies. The theory, in varying degrees, sees the state and law as a factor of cohesion, a site of struggle between fractions of classes, and an institution which may even regulate class conflict.The basic point is that legal reasoning takes on a relative autonomy from the economic base of society. It is not totally to be explained via modes or relations of production. This relative autonomy thesis might make us consider anew the curt dismissals of notions like the rule of law. Certainly a number of recent commentators have picked up on this theme in Marx, suggesting that the theory of unidirectional determinism of base and superstructure does not really work for explaining the nature of law itself.Laws are actually integral to certain types of relations of production. E. P. Thompson, following this line of thought, has spoken of law in eighteenth-century England as ‘deeply imbricated within the very basis of productive relations, which would have been inoperable without law'. He continues that we cannot ‘simply separate off all law as ideology, and assimilate this also to the state apparatus of a ruling class'. 53 Taking on board the Gramscian thesis of ideological hegemony being a sphere of struggle, Thompson contends that disputes are fought out in the sphere of law.Law certainly still expressed class power; however, part of the success of legal ideology itself was its appearance of impartiality. As Thompson notes, law ‘cannot seem to be so without its own logic and criteria of equity; indeed, on occasion, by actually being just†¦ even rulers find a need to legitimize their power, to moralize their functions, to feel themselves to be useful and just'. 54 The rhetoric was not therefore empty, even if it was still rhetoric. Semi-autonomous legal logic was thus often used against dominant groups – which was precisely a central aspect of Marx's argument in the 18th Brumaire.Thus, for Thompson, law does not equal raw class power. It was certainly involved in class power and it redefined property rights in undermining feudalism, but its focus was not exclusively on class interest. Its own logic and rhetoric gave it a partial autonomy which inhibited, in some cases, the dominant groups. It was also a site of struggle between fractions of these dominant groups. As Thompson concludes, such a notion of the rule of law is markedly different from arbitrary despotism. It is, in fact, he notes, a ‘cultural achievement'. 5 The effort to redeem Marx from his anti-statist and anti-law stance, via some notion of relative autonomy, has also had other defenders. Some critics have found in Marx's early writings a number of themes which add support this vision. For example, in one of his early writings, Marx speaks -oflaw as ‘the positive, bright and general norms in which freedom has attained to an existence that is impersonal, theoretical and independent of the arbitrariness of individuals. A people's statute book is its Bible of freedom'. 56 He also 387 Basil Blackwell Ltd. HeinOnline — 20 J. L. & Soc'y 387 1993 makes favourable noises, at points, about customary law established over 7 time, as against the new laws of the bourgeoisie. 5 Others have noted, with surprise, that Marx draws distinctions between ‘real' and ‘unreal' law. For example, on the same page of the article referred to above, Marx speaks of law becoming active: as soon as it is transgressed for it is only true law when in it t he unconscious natural law of freedom becomes the conscious law of the state. Where law is true law, i. . where it is the existence of freedom, it is the true existence of the freedom of man. Thus laws cannot prevent man's actions, for they are the inner laws of life. Paul Phillips remarks on this point that: ‘The significance of this distinction is that it posits the existence of an order superior to that of mere man-made law 58 and, to that extent, it is a Natural Law Theory'. Marx, even in his later writings, appeared to believe that there is a condition of freedom and wholeness for human beings, where their real natures will flourish.There is, as one critic has put it, a ‘myth of transparency' in Marx (as in Hegel) – this is ‘the vision of a society in which something â€Å"standing behind† the set of available social roles and relations†¦ will be revealed in a social order which will have become â€Å"obvious† to the participants'. 59 This notion of positive freedom, wholeness, and perfectibility behind the veil, is both implicit in the discussion of alienation (in the earlier writings), and restlessly present just under the surface of the later discussions of exploitation and communism.  ° This vision of freedom is subtly linked to Marx's strong (if unstated) communitarianism, namely, his deeply-rooted belief that humans are social creatures and can only develop freely within a particular type of community. This is the community which is distorted and lost in capitalism and will be recovered in communism. Humans are meant to develop historically toward such a society. Marx did not like to be associated with such a view, since it smacked of romantic utopianism. However, it is undeniably there throughout the corpus of his writings. Alienation is a prime example of such erfectibility lost and regained. The notion developed initially in a theological context. Humans were alienated from God through their sin. In H egel, the alienation is philosophical: spirit (or mind) externalizes itself in the world. It becomes alien to itself. The task of thought is to overcome the self-alienation of spirit, to perceive itself at home in the world. Overcoming alienation is realizing that the world is not alien to our thought. For Feuerbach, however, the real alienation is that human beings have placed their essence into either God or the Hegelian Spirit.To overcome alienation is to transform the subject and object – to realize that God is idealized humanity. For Marx, on the other hand, alienation takes on a number of subtle forms. 61 The basic idea is that human alienation is more immediate and practical, and subsumes all the other notions. In discussing the topic, Marx speaks initially of alienation through labour. Labour creates capital and capital escapes the control of labour and takes on a supposedly independent existence, which in turn dominates the original producer. Workers thus find they a re alienated from the product of 388 (D Basil Blackwell Ltd.HeinOnline — 20 J. L. & Soc'y 388 1993 their labour. Labour, in this capitalist context, is no longer free and creative. It is necessary for subsistence and thus exercises alien compulsion over the worker. In consequence, workers are alienated from free creativity (which is the true nature of human beings) and they are thus also alienated from their fellow human beings. Overcoming human alienation implies ultimately overthrowing the economic and social forms which generate the loss of reality and the self. The solution to the riddle of history and human alienation is communism. 2 There is strong sense here of a definite underlying human nature, with certain specifiable needs, which can flourish under a specific type of community, which recognizes certain ‘natural laws', not necessarily as overt imperatives from some external authority, but more as natural non-coercive norms derived from reason. Despite Marx's a ppearance as an anti-law theorist, some writers have claimed that it is possible to identify a communist theory of law and justice, and also, possibly, of state (given Marx's early interest in a radical democratic participatory state). 3 In certain writings, particularly The Critique of the Gotha Programme, Marx does indicate that there would be a principle of justice under communism – ‘from each according to his abilities, to each according to his needs'. 64 Such a notion of justice would presumably prevent unequal access to the means of production and also prohibit alienation and exploitation. It would also respond distributivelyto human needs – although Marx leaves the concept of ‘need' fairly open. Needs for social relations, satisfying labour, and the like, move well beyond physical subsistence.It is difficult not to consider some of Marx's needs as ‘wants' or ‘interests', which are surely markedly different notions. Tom Campbell, amongst a number of recent theorists, believes that we can reconcile Marx's historicism, and aspects of a looser materialism, with a belief in communist justice and the moral superiority of such a society. He di