Factors Influencing The Attachment Risk Model - 896 Words

In American culture, there is a strong importance placed on the primacy of early experience. Researchers state that during the critical period, zero to two, a child becomes either securely or insecurely attached based on maternal sensitivity, which therefore predicts long-term adverse behavioral outcomes. This analysis sets up and evaluates the attachment risk model. The attachment risk model is a single factor main effect model. The unit of analysis of the model is twofold. From the time of the child’s birth until two years of age, the unit of analysis is the mother and after two years, the child becomes the unit. The cause is seen as maternal sensitivity during the critical period. After the critical period, the cause becomes endogenous, or within the child’s foundation. The outcomes are first seen in the child’s behavior at time one. There are four behaviors that are observed: separation anxiety, stranger anxiety, exploration, and reunion behavior. These behaviors are measured by what Mary Ainsworth called the â€Å"Strange Situation,† which produces four different groups. Group A is the â€Å"avoidant and insecure† group. These children are unable to self soothe when their mother leaves, displaying strong separation anxiety. However, they avoid her when she returns. Group B children are â€Å"securely† attached. Group C children are â€Å"resistant† or â€Å"insecure and infirm.† They are unable to self soothe. Group D children are â€Å"dazed and disorganized,† displaying an inability to self sootheShow MoreRelatedChildhood Development And Childhood Stages1633 Words   |  7 Pagesearly and middle childhood. Attachment will be used as a key theme and the discussion will demonstrate the importance of attachment and how it contributes to both social and emotional development, and well-being. The second theme that will be considered is emotion, to demonstrate how emotions develop and how the parent, child and environment interact to affect children’s emotional development and well-being. The key issues that will be discussed include, early attachment experiences and how they affectRead MoreAttachment Theory Implied That The Quality Of Infancy Attachment Patterns1590 Words   |  7 PagesAttachment theory implied that the quality of infancy attachment patterns is consistent and continue to influence later development in relationship experiences. The first major article of Roisman et al. (2005) supported this statement, by investigating the correlation between participants’ infancy attachment and their behaviour in current romantic relationships. Data was drawn from a longitudinal cohort, where participants’ initial relationships were assessed in the infancy of 12 months by StrangeRead MoreThe Effects Of Juvenile Delinquency On The Criminal Justice System1691 Words   |  7 Pagesdoes indeed play a role in the production of juvenile delinquency. Kierkus and Hewitt (2009) in The Contextual Nature of the Family Structure/Delinquency relationship discussed that family structure is an important factor in delinquency but there might also be other factors that influence this type of behavior. The relationship between a nontraditional family structure and delinquency differs according to six distinct circumstances: gender, race, age, socioeconomic status (SES), family sizeRead MoreFamily Structure And Juvenile Delinquency1626 Words   |  7 Pagesenvironment plays a role in the production of juvenile delinquency. Kierkus and Hewitt (2009) in The Contextual Nature of the Family Structure/Delinquency relationship discussed how family structure is an important factor in delinquency but there might also be other factors that influence this type of behavior. The relationship between a nontraditional family structure and delinquency differs according to six distinct circumstances: gender, race, age, socioeconomic status (SES), family sizeRead MoreFamily Structure And Juvenile Delinquency1671 Words   |  7 PagesHome environment plays a role in the production of juvenile delinquency. Kierkus and Hewitt (2009) in The Contextual Nature of the Family Structure/Delinquency relationship discussed how family structure is an important factor in delinquency but there might also be other factors that influence this type of behavior. The relationship between a nontraditional family structure and delinquency differs according to six distinct circumstances: age, gender, race, socioeconomic status (SES), family sizeRead MoreCase Analysis of Jack and Ally through the Ecological Framework 2000 Words   |  8 Pagesinfantile behaviours, family dynamics and current developmental issues. The purpose of this critical analysis is to identify and examine multiple risk factors that are present across various levels of Jack’s environment simultaneously. This type of analysis is guided by the ecological-transactional model (Bronfenbrenner, 1989). The ecological-transactional model divides environments by levels named the ontogenic environment, microsystem, mesosystem, exosystem and macrosystem. Each environmental levelRead MoreCase Analysis : Rick Sanchez1700 Words   |  7 Pages This callous and potentially destructive behavior is synonymous with antisocial personality disorder, though Sanchez exhibits many signs of substance abuse disorder as well. By persistently using alcohol Sanchez often puts his grandson, Morty, at risk, and at times becomes threatening or violent towards him. Sanchez also often voices his cravings for alcoholic beverages. This heavy use of alcohol may be one of the reasons he does not contribute financially to the family despite his vast intellectRead MoreUnderstanding Of Psychosocial Perspectives Within Health And Social Care2159 Words   |  9 Pagespsychological theories applicable to mental health practice. The sociological theories I will discuss are poverty and social stratification and the psychological theories will be attachment and social learning. I will base this on the John case study and will also look at the social, cultural, environmental and psychological factors that may have had an impact on his behaviour. I will t hen look at a range of social structures in society and talk about the importance of social science approaches relevantRead MoreRisk Factors And Weaknesses - Past And Present2038 Words   |  9 Pages Risk Factors and Weaknesses - Past Present: While growing up Sam had stressful family life marked by traumatic life events such as physical abuse and neglect. This is one of the risk factors which may be influencing Sam s maladaptive behavior patterns, making it hard for him to achieve his present goals. Sam had a large family and not only was he the eldest, but he was the only boy. Early in Sam’s life he experienced a severe disruption of his family life after his mother became ill and hisRead MoreThe Role Of Intergenerational Patterns1822 Words   |  8 Pageschanging behavior in the family system can influence the dynamic of the family (Collins, Jordan Coleman, 2012). Attachment Styles â€Å"Attachment styles are ways of interacting in intimate relationships based on feelings of security rooted in early childhood parental responsiveness and warmth† (Hall, 2015, p.715). Bowlby attachment theory emphasized the importance of early social attachment between an infant and a caretaker as essential for normal social development (Gostecnik, Repic Cvetek, 2009)

The Death Penalty Is Justified - 1346 Words

In the past and recent years, the death penalty has remained a huge debate between individuals that agree or disagree whether the death penalty is justifiable punishment or not. Is capital punishment truly a justified and powerful approach to the violations of specific prisoners? Many individuals believe that having the death penalty is cruel and inhumane. Others believe that people who commit such heinous crimes should be punished with the death penalty. Instilling the death penalty is the same as saying â€Å"eye for an eye.† This principle basically states that what one does onto another, the same shall be done to the perpetrator. Although the death penalty may be dehumanizing and painful, it is a cohesive and necessary punishment to implement. The death penalty can be justified depending on the intensity of the crime committed. The death penalty for those that have committed heinous crimes such as murder is the best path to take. Having the death penalty in all 50 states helps prevent potential criminals from committing serious crimes. The death penalty also saves the government money, and ensures that wrongdoers will not have the chance to commit such crimes ever again. When the subject of the death penalty is discussed, people immediately feel tension and fear. What would a perpetrator do if he or she knew that the crime that has been committed is punishable through the death penalty? Would the perpetrator still have committed such a severe crime? Would the perpetratorShow MoreRelatedIs the Death Penalty Justified?1824 Words   |  8 PagesIs the Death Penalty Justified? Jessica Valentine PHI 103 Informal Logic Professor Stephen Carter March 20, 2012 Is the Death Penalty Justified? The death penalty will always be a topic some people refuse to talk about. When in fact, it is a very serious topic and people should know how and why the death penalty is not justified. I believe the death penalty is not justified in the least bit because there are people sitting up in prison just living life because the state does not want toRead MoreIs Death Penalty Justified?995 Words   |  4 Pages995 Is Death Penalty Justified? Death penalty is the capital punishment given to the person where a person is put to death who has done crime or involved in a crime. It is for those people who is doing the crime intentionally. It is given by the government to the traitors, murderer and so on. The sentence is vindicated by the type of offense committed. There are certain conditions where a death penalty can be correct and should be consider Justified by the government. The death penalty guaranteesRead MoreThe Death Penalty Is Justified1534 Words   |  7 Pagesit is ethical to kill a convicted criminal. People who oppose the death penalty often argue mistaken identity and wrongful conviction. They argue that long-term imprisonment is the better course of action, because it allows for the possibility that if a mistake was made in the conviction of a suspect, they would be able to correct it without ending the life of an innocent person. They also state that the threat of the death penalty is not a deterrent and people will commit crimes regardless, as oftenRead MoreThe Death Penalty Is Justified1828 Words   |  8 PagesThe Death Penalty Daniel Heydari Professor Sheldon Philosophy 262-0 12 October 2015 1.) The author of this letter, submitted to the New York Times, claims that the death penalty is wholly and morally justified, seeing as its existence results in the lessening of violent deaths and gun use due to the perpetrator’s fear of killing a person in haste and thus being given the death penalty. 2.) The author argues his claim of the death penalty being justified as a means of punishment for violent crimesRead MoreThe Death Penalty Is Justified923 Words   |  4 Pagespilots who also had to bomb innocents to win the war,† (Gorman). More recently, a common trend has been the disapproval of the death penalty, exhibited by the thirteen percent drop in the number of people on death row since Spring of 2005 (Death Penalty Info. Center). Life without parole has become the preferred sentence of unavoidable capital punishment. The death penalty has frequently been viewed as inhumane. However, isn’t lack of remorse for such vile acts inhumane? In cases of intentional murderRead MoreThe Death Penalty Is Justified1143 Words   |  5 PagesAllison Shu 2/25/16 Period 2 Objective paper on the death penalty Capital punishment is legally authorized killing as punishment for a crime. The death penalty questions the morality of killing a person as justification for their crime. It also brings to question whether the death penalty actually serves as a deterrent for crime, and that some of the people executed are found innocent afterwards. The debates over the constitutionality of the death penalty and whether capital punishment should be usedRead MoreThe Death Penalty Is Justified995 Words   |  4 PagesThe Death penalty has been a controversial topic for many years and recently the debate about it has been getting bigger and bigger to where at some point soon a decision will have to be made. Many people will disagree with the death penalty because it goes against their moral beliefs, this is thought process is seen more in the northern states. However, here in the south the death penalty is strongly believed in by most, but who is put to death and why? Did they deserve this sentence or were theyRead MoreThe Death Penalty Is Justified1603 Words   |  7 PagesTHE DEATH PENALTY Many nations have criminals to punish, but what’s changing is how they punish their criminals. Most countries, even some states, have come to the realization that the death penalty is an unfair, inhumane, unconstitutional, and irreversible punishment that’s much too severe and is an unfit punishment for a fair and just society. Internationally, the U.S. ranks fifth in terms of the number of prisoners put to death, putting America in such ill-esteemed company as the regimesRead MoreThe Death Penalty Is Justified858 Words   |  4 PagesSince the foundation of our nation the Death Penalty has been a way to punish prisoners that have committed heinous crimes, however since the turn of the 20th century the practice of Capital Punishment has been questioned on its usage in America and the world as a whole. The Death Penalty is used in America to punish criminals who have committed murders, or taken the life of an innocent person, and while the death penalty seems like it is doing justice to those who have killed others it is actuallyRead MoreThe Death Penalty Is Justified1463 Words   |  6 PagesIn many eyes across the country the death penalty is widely criticized. The state of Texas has the death penalty, whereas nineteen other states in the United States do not including the state Maine. The death penalty is a way for the states to declare that they don’t tolerate the heinous crimes that some individuals commit. In Texas there are numerous ways that one could be sentenced to death row. Murdering a police officer or firefighter in the line of duty and if the individual knowing that they

Internal Contradiction Of Judicial In China - Myassignmenthelp.Com

Question: Discuss about the Internal Contradiction Of Judicial In China. Answer: Introduction In democracies, especially in the elected assemblies, decision-making is based on a free and majority principle among equals. However, in regards to the courts, the court procedures generally include special staff, including judges who possess legal knowledge and skills. It further includes the conflict resolution between various parties in either an authoritative or a regular way in accordance to the predetermined rules. This further includes ascertainment of facts of the different cases and assessing the arguments advanced by the conflicting parties, considering its prospective effects on similar cases in the future. Judicialization of politics refers to the trustworthiness towards the judicial means and courts for addressing central moral dilemma, political controversies and public policy questions. Given the newly acquired judicial review procedures, national high courts universally have been frequently addressed to resolve variety of issues, right from equality rights, privacy, religious liberties, education, immigration, environmental protection, etc. In East Asian countries like china, several changes have been undertaken in the incidence and nature if conflicts, social disturbances, dispute as well as in the mechanisms used to address the same. The global trend of judicialization is seen to be inclined towards social, political and economic issues. This research paper aims at explaining the concept of judicialization and its significance as an essential objective in law. The research talks about the growing judicialization trend and its impact on the significant developments in dealing with the socio-economic claims, issues relating to civil practice in East Asia countries like China. The paper further demonstrates a critical analysis of the changes that judicialization has brought in the dispute resolution mechanisms prevalent in china. It discusses about the changing attitude of people towards resolving the disputes post the emergence of judicialization the country. Judicialization: Meaning The term judicialize means to treat judicially for arriving at a decision or a judgment. In this context, the term judicially would either refer to the way a legal judgment is made by a judge in the office in the capacity of judge for administering justice; or it may refer to the manner of a judge arrives at the decision with the judicial skill and knowledge that he possess to administer justice. The judgment is made by a legal process or by a sentence of court of justice. Thus, the meaning of judicialization of politics is two-fold. Firstly, it would mean expansion of the judges or the court provinces at the cost of the politicians and/or the administrators, implying, a shift of the decision-making rights from the legislature, civil service or the cabinet to at least the courts. Secondly, judicialization of politics may refer to the spread of judicial-decision-making methods outside the judicial province. In simple words, judicialization refers to transformation of any process into a legal process. Significance of Judicialization in China Lian (2015) states that Chinese courts have been given a little more importance than a venture of the party-state as the courts are perceived as unsophisticated, uniformly passive and politically impotent. However, Bo (2015) argues that the courts have been playing a significant role in resolving disputes as compared to its history. This evident from the incline in the cases to 8 million cases every year approximately throughout the 1980 and 1990s while the country has witnessed a decline in the arbitration and mediation rate during the same period. This incline signified the growing trend towards judicialization globally with an essential role being played by the judiciary is not only evident from the increase in the number of cases but also from the broad range of controversial economic, political and social disputes that are being dealt with by the courts. While enforcement is often perceived as difficult in China, in the recent years, it has been observed that judicial enforcement in China is comparatively less difficult as compared to the other rich countries such as UK, Russia or USA. The reasons behind the improvement in the judicial enforcement attributes to the changes in the judicial reforms that aims at building and enhancing the professionalism of the judiciary. However, Jin (2015) argues that the legal reform in China has lost its importance for the sole reason that it failed to untie itself from the political dominance of the ruling Chinese Communist Party [CPP] for three decades and, therefore, is deprived of institutional authority and independence that is essential to perform its functions appropriately and effectively. Jin (2015) believes that this is a one of the reasons why courts are treated as only a part of the local government. This necessitates development of rule of law in China that might be termed as rights approach. According to Bin (2015), the consciousness of the common citizens about their rights and their communications with the government plays fundamental role in the constitutional development and this approach considers courts as the agents of the state at least, if it is not perceived as the part of the government. Although this approach reflects the development in the rule of law and establishes that constitutionali sm is not a top-down process, it has minimized or ignored the role played by the courts. Nevertheless, Lian (2015) argued that this long-perceived viewpoints on Chinese courts has been subjected to controversies. Lian (2015) further asserted that although the courts play a restricted role in the policy-making process making it incapable to resolve several controversial issues, there are certain research and studies that establish that there has been occurrence of judicialization and judicial innovation to certain extent. Further, Hwang and Wang (2015) demonstrated that the Chinese courts have exhibited innovations in expanding their own jurisdictions by striking down regulations that are in non-conformity with the national legislations. Other researchers asserted that despite serious restrictions on the power of the courts, they have been able to demonstrate creative and innovative initiatives by applying the due process principle. From the political viewpoint, development in the Chinese judiciary like any other political actors has strategically followed its institutional interests and enhanced the position and authority of the courts. Courts have the jurisdiction to deal with minority shareholders suits against the stateowned enterprises for disclosing contraventions and informing about number of complicated issues with respect to improvement of damages resulting in bankruptcy of the company and enhancement in social stability. FU and Palmer (2015) asserts that the courts are also engaged in resolving labor disputes involving legal suits against unlawful termination and unsafe and unhygienic working conditions, unpaid or underpayment of wages, etc, that contravenes the provision of labor law of the country. There are wide range of discrimination claims that are brought before the courts, which includes claims relating to rights of the migrant worker, education, AIDS, retirement age for female workers and unequal treatment of rural and urban residents in the wrongful death cases. Ng and He (2014) agrees that land disputes are rising significantly both in the rural and urban areas of government giving rise to collusion and corruption related issues. Further, the courts have been dealing with cases relating to assembly and religion, freedom of speech. Furthermore, several cases usually give rise to issues pertaining to social justice given that people who failed out in the economic reforms usually seek protection from the court. Zhang and Morris (2014) believes that there has been an incline in the support structures for judicialization that is evident from numerous facts. Firstly, the special interests groups and social activists are taking help of the courts to demonstrate their agendas. A number of law firms and lawyers specialize in impact litigation, which is often associated with the legal aid centers or are linked to local or national bar association or universities. Surprisingly, courts have gained its momentum and have become more powerful than it was before as is evident from the incline in the administrative litigation cases and the fact that the courts have often quashed the decision taken by the administrative agency. Limitation of judicialization in dispute resolution and policy making process Despite the judicial expansion, Koo (2015) argues that the courts play limited role in policy-making and dispute resolution with respect to certain types of issues or cases, in particular. The Administrative litigation law permits parties to initiate legal proceedings when there is an infringement of the legal interest and rights due to a specific administrative act or any administrative personnel. This legal requirement has been subjected to narrow interpretation to safeguard those with indirect interests to initiate any legal proceedings. Consequently, such a narrow interpretation prevents individuals and interest groups who act as private attorney generals from challenging the administration or its personnel. Koo (2015) agrees that the limitation with respect to the efficiency of the court is a significant concern in China. It is evident from the fact that quality of judiciary remains to be an issue, the basic level courts, in particular, the poorer regions. Since most of the basic level courts are situated in the rural areas, the cases that these courts mostly deal with include minor property disputes and small claims, which are usually dealt with by laypersons and magistrates without any formal legal training for the same. Chow (2015) states that courts in china carry out a abstract view of specific acts and arrive at decisions based on higher level legislations, thus, disregarding the local level legislations. Consequently, the refusal of the court to follow local regulations often causes agencies to change their policies, sometimes, after surmounting local resistance. This is evident from the case of Guangxi peoples Congress where it passed regulations affecting a toll on non-residents, in contravention of the national laws. The regulation was challenged in High Peoples Court where the High Court based its decisions on SPCs reply, thus, deciding in favor of the plaintiff. However, the Guangxi Peoples Congress threatened to remove the judge if the decision was in favor of the plaintiff and they retreated only after the intervention from SPC on behalf of the judge who insisted the court to support the national law. In most of the cases, majority of the disputes that are brought in the court are settled through judicial mediation. However, He (2016) argues that despite the limitations, the Chinese citizens have a positive attitude towards the courts, though there may be variations in the results on the grounds of region, nature of the plaintiff, actual experience with the courts and type of cases. Courts are generally considered as a fair and effective medium to settle legal claims despite the allegations that courts are easily subjected to corruptions. In order to support the increasing trend towards judicialization, there are three theories namely, political, normative and economic theories. According to the political theory, members of the ruling party fear the risks of losing power in the near future resulting, which they surrender their power to the courts to ensure that their policies shall be reviewed by a third party instead of the incoming party and that they will be subjected to fair treatment. Further, the separation of powers theory states that politicians usually surrenders power to the courts to avert any deadlock in the system where one political party would exercise control over the legislature and the other party would control the executive branch by winning the presidency. He (2016) states that in china, the application of this theory would imply limited judicialization as the country is a single party state where state and party have distinct functions but the courts, however, do not review any decisions made by the Party. As per the economic theories, the most powerful clarification for judicialization is economic reforms. The investors demand for a forum for resolving disputes efficiently and in a fair manner and in a reasonably complex economy, informal mechanisms and relational contracting are not sufficient to resolve disputes between the contracting parties. The four million cases per year in china establish the fact that a market economy is perceived as a rule of law economy. Lastly, the normative theory states that the increasing trend in legal globalization is encouraged by an increasingly assertive international human rights and economic legal regime. An activist and independent judiciary having broad powers of administrative and constitutional review is often perceived as advantageous for safeguarding human rights and enhance economic growth. The extent to which judicialization has been initiated in China due to rights-protection; it has been established to safeguard property interests, which is needed to ensure growth. The constraints on political and civil rights and protection of commercial interests of businesses and property rights have become general feature of the East Asian model of development. Reasons for limited judicialization Dong, Zhu and Luo (2014) believes that the primary reason, which limits judicialization in China, is that courts do not provide best forum for resolving the socio, economic and political issues that arises in country like China, because of their complicate nature. Moreover, several problems are not even resolved through judicial means as the courts fail to provide any enforceable and effective remedies for such issues. In addition, Sullivan (2016) states that the courts fail to provide justifiable reliefs to the legal entitlements of the plaintiffs, thus, not providing any effective remedy. This is related to cases that are economic in nature such as retirement payments, labor suits, welfare benefits. The plaintiffs are not entitled to compensatory benefits due to lack of adequate resources available to the state to satisfy such legal claims. Furthermore, several cases are inconsistent with the fundamental policy goals. Environmental protection related cases are difficult to deal with, as people do not have any clear idea about balancing between the need for clean water and air and the need for economic growth. Similarly, land-taking cases demonstrate tension between the desire to retain historical places and the desire to modernize such historical places. Land cases highlight problems pertaining to lack of rules that often results from the delay made in respect of policy decisions by the legislature. However, Sullivan (2016) states that the problems associated with the courts should not be exaggerated as the courts are competent to deal with most of the cases reasonably well and the parties to the suit are generally satisfied with the performance of the court and the reliefs that is granted to such parties to the cases. Despite the satisfaction of the parties to the suit in respect of the performance of the court, the co urts are often fail to deal with certain form of cases especially cases that are politically sensitive and those portraying the growing difficulties of the developing countries. Dejudicialization One of the primary reasons that signify a pushback on judicialization is that the judges as well as the government officials find it difficult for the courts to deal with certain types of cases that are sensitive and political in nature, in particular. Notwithstanding the general growing trend towards better access through legal aid, the simplification of filing procedures and the waiving of the court fees, the limited access to the courts with respect to certain controversial cases is regarded as a significant reason for dejudicialization. This is evident from the fact that Courts often recommended the plaintiffs to file cases especially those, which are politically sensitive in a higher-level court or another jurisdiction. The courts in China have issued rules that prevent parties from giving repeated petitions to the court for retrying the cases. If the parties are not satisfied with the decisions of the court after following the normal appeal process, they are recommended to seek remedy through administrative or political channels. The courts have provided the parties with another requirement where they are advised to exhaust all the available administrative remedies before seeking remedies to court. The other significant reason of judicialization is the renewed emphasis given on mediation. Due to the inconvenience and difficulty, that the court faces while determining policies and laws, the Supreme Peoples Court (SPC) have recently began to lay more emphasis on mediation even in cases related to administration. Mediation: an effective alternate dispute resolution method The SPC believes that mediation shall permit the parties to arrive at solutions that is mutually acceptable, thus, permitting the courts to avert making any difficult decisions that are not easy to enforce. Mediation has always been a significant form of dispute resolution in China. Even during the Mao era, mediation persists to be the most popular means for resolving disputes and conflicts. Ji (2014) states that in the contemporary era, there are several forms of mediation such as mediation by Peoples Mediation Committees; specialized mediation like labor mediation, formal and informal commercial mediation, judicial mediation and mediation that takes place during arbitration. According to Du, Ronen and Ye (2015), another significant reason behind the shift from litigation to mediation was the inability and incompetency of the courts to endow with adequate legal remedy or resolve issues that accelerated pain in developing countries. Such cases include entitlements like medical and welfare claims, socio-economic rights etc. The inability of courts to resolve conflicts led to an inline in petitions before the government entities and courts by aggrieved parties seeking legal reliefs and enhanced social disturbances. Under such circumstances, mediation is considered as a broader strategy for maintaining a harmonious society. In order to maintain efficiency, some judges have ensured that mediation was conducted in manner that is cost-effective as well as less time consuming. The parties to the dispute are asked if they are willing to resolve the dispute. In Ansung Housing Co. Ltd v Peoples Republic of China, ICSID Case No. ARB/14/25 and Hela Schwartz GmbH v Peoples Republic of China, ICSID Case No. ARB/17/19, the issues were resolved using the PRC Arbitration process. Peerenboom (2014) states that the socio-economic cases including welfare claims, pension, labor disputes and environmental issues are a major concern for the country as the institutions are weak and the lack of financial resources acts as hindrance to resolve such socio-economic disputes. The dispute resolution methods of the socio-economic cases include mediation, arbitration, public hearings and the administrative reconsideration. However, these alternate dispute resolution methods have been criticized for being inconsistent with the rule of law. The mediator of the people did not posses legal training and some cases are decided based on factors other than law and the parties are forced to accept settlements, thus, depriving such parties of their legal entitlements an d rights. Conclusion From the above discussion, it can be inferred that courts are one of the ways to resolve any conflicts or address any social issues as a last resort in any nation. As per the present nature and development of the disputes in China, the courts are incapable of providing adequate solution in certain types of cases, in particular the politically sensitive cases and those that reflect the growing concerns of the developing countries. The failure of courts to provide reliefs often results in dissatisfaction of the parties leading to social protests and unrests. A certain level of judicial retrenchment or dejudicialization is considered as a judicial choice that requires people to think about institutions that would be appropriate to deal with such cases and disputes. Such institutions shall also reduce the burden of courts by dealing with cases that the courts are unable to determine such cases. Dejudicialization however, should be subjected to limitations in certain arenas. The general trend shall persist towards better and greater judicialization, which would also, includes cases related to administration. Reference list Ansung Housing Co. Ltd v Peoples Republic of China, ICSID Case No. ARB/14/25 Bin, Z. H. O. U. (2015). Ethics Embodied in Ancient Chinese Law.Journal of Lanzhou University (Social Sciences),4, 014. Bo, Z. H. A. N. G. (2015). Democratic Politics VS Welfare Politics: Comparison between China and the West and the Enlightenment.Journal of Northeast Normal University (Philosophy and Social Sciences),2, 002. Chow, D. (2015).The Legal System of the People's Republic of China in a Nutshell, 3d. West Academic. Dong, B., Zhu, L. and Luo, M., 2014. The People's Republic of China.Int'l J. Marine Coastal L.,29, p.158. Du, N., Ronen, J., Ye, J. (2015). Auditors role in China: the joint effects of Guanxi and regulatory sanctions on earnings management.Journal of Accounting, Auditing Finance,30(4), 461-483. FU, H., Palmer, M. (2015). Introductory essay to the special issue: Mediation in contemporary China: Continuity and change.Journal of comparative law,10(2), 1-24. FU, H., Palmer, M. (2015). Introductory essay to the special issue: Mediation in contemporary China: Continuity and change.Journal of comparative law,10(2), 1-24. He, H. (2016).Dictionary of the Political Thought of the People's Republic of China. Routledge. Hela Schwartz GmbH v Peoples Republic of China, ICSID Case No. ARB/17/19 Hwang, K. J., Wang, K. (2015). Labour dispute arbitration in China: perspectives of the arbitrators.Employee Relations,37(5), 582-603. Ji, J. I. N. (2014). The Dilemma of Legal Protection of Urban and Rural Medical Assistance System in China.Journal of Hunan Police Academy,1, 008. Jin, S. H. A. (2015). Discussion on Judiciary-oriented Reform of Administrative Reconsideration in China.Hebei Law Science,8, 008. Koo, A. K. C. (2015). Mediation in China: Towards a Modernised and Harmonised Framework for International Commercial Mediation. Li, Y., Verschoof, R. (2017). Mediating Judges in China and the Netherlands: An Empirical Comparison.International Journal for Court Administration,9(1). Lian, R. (2015). An Analysis on Government-lead Governance under Context of Building National Governance System.Innovation,1, 024. Lu, M., Wan, G. (2014). Urbanization and urban systems in the People's Republic of China: Research findings and policy recommendations.Journal of Economic Surveys,28(4), 671-685. Ng, K. H., He, X. (2014). Internal contradictions of judicial mediation in China.Law Social Inquiry,39(2), 285-312. Peerenboom, R. (2014). The Battle Over Legal Reforms in China: Has There Been a Turn Against Law?.The Chinese Journal of Comparative Law,2(2), 188-212. Pisacane, G., Murphy, L., Zhang, C. (2016). Introduction to Chinese Arbitration Law. InArbitration in China(pp. 1-6). Springer Singapore. Sullivan, L. R. (2016).Historical dictionary of the People's Republic of China. Rowman Littlefield. Turner, K. G., Feinerman, J. V., Guy, R. K. (Eds.). (2015).The limits of the rule of law in China. University of Washington Press. WANG, J. X., CHEN, Y. (2014). The Comparative Research on Construction of University Statute between China and Foreign CountriesThe Empirical Analysis Based on Statutes of 6 Universities.Journal of University of Science and Technology Beijing (Social Sciences Edition),4, 011. Zhang, B., Morris, J. L. (2014). High-performance work systems and organizational performance: testing the mediation role of employee outcomes using evidence from PR China.The International Journal of Human Resource Management,25(1), 68-90.

Jefferson Essay free essay sample

Thomas Jefferson played a very important role in the history of the United States. Jefferson is most famously known for writing the Declaration of Independence. Thomas Jefferson talked many times about African-Americans in America. Where they equal to white people? How were whites and blacks different? What about slavery? Thomas Jefferson had an opinion on all of these subjects, but much of what Thomas Jefferson said was later contradicted with his own words. What did Thomas Jefferson mean when he said that all men were equal? Well, many people would agree with what it means today in modern times. Today the statement, all men are created equal means; all men and women whether black, white, tall, short, fat, or skinny were all created equal. That is not necessarily what it meant in the 1700s. Blacks were enslaved and worked hard while wealthy white men did nothing of the sort. Justice Thurgood Marshall said, â€Å"The blacks were so far inferior, that they had no rights which the white man was bound to respect†¦ and that the Negro might justly and lawfully be reduced to slavery for his benefit. We will write a custom essay sample on Jefferson Essay or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page This excerpt shows that in that time blacks were not treated the same as whites and clearly did not have the same rights. Conor Cruise O’Brien’s book confirms this belief as he takes a quote from Thomas Jefferson himself: â€Å"It is accepted that the words ‘all men are created equal’ do not, in their literal meaning, apply to women, and were not intended by the Founding Fathers to apply to slaves. † This shows that when Thomas Jefferson talks about all men being created equally he means to say white men. The meaning of the word expatriation is as follows; to leave one’s native country to live elsewhere (Merriam-Webster). Jefferson wanted to send the blacks that were descendent of the original slaves back to Africa. The deal here was Africa was no longer their native country. This act was known as expatriation. The southern courts believed that slavery violated the natural rights of blacks and although slavery was allowed and legal it was immoral and unjust. Thomas Jefferson made it known that he supported the abolishment of slave trading. He said the following to Congress; â€Å"withdraw the citizens of the United States from all further participation in those violations of human rights which have been so long continued on the unoffending inhabitants of Africa. † By this Jefferson means that the people of the United States should stop the enslavement of blacks so that they no longer violate the human rights and stop offending the people of Africa. In this way Jefferson’s reasons for promoting expatriation and understanding for the natural rights of blacks were consistent. He wanted to send the blacks back because he wanted to stop offending the people of Africa. Jefferson believed that blacks and whites were very different. He said that he believed that blacks were originally their own race and became distinct by time and certain circumstances. According to Jefferson blacks came from their own species but were from the same general genus that is the human race. He said that blacks were inferior to whites in mind and body. This can be said to mean that whites were possibly better looking people or that they were more fit. It could have been said to mean that whites were smarter than blacks because they had an education that the blacks did not have. Jefferson did not believe blacks were men. â€Å"Men,† was said to be referred to as only white men. Samuel Eliot Morison says in his book; â€Å"In his views (Jefferson) blacks were not men. † The possession of individual rights was mainly determined by one’s race or skin color. Blacks had no rights early on in the 1700s but began to become free in the early 1800s. A wealthy white male had all rights; he was allowed to do what he wanted so long as it was just. A black man was free and eventually gained simple rights due to the belief that the United States was violating human rights. I do not believe that expatriation could have been a helpful solution to the problem of slavery in America. I believe this because if the slaves would have gone to Africa they would be gone, but there is no saying that the lazy southern farmers would not have brought in slaves from other places. They would have gotten so used to not having to work that they would not be able to start working again. I think that they would possibly keep indentured servants as permanent slaves or enslave poor people. I’m sure that expatriation would not solve the problem of slavery, at least not immediately. As I stated in the beginning, Jefferson’s view changed greatly throughout the course of his lifetime. Later in his life he began to appreciate black people more because of all their hard work. Also, he realized that blacks were the same as whites in that they were to be given human rights and that the people of the United States had been violating their rights from the very beginning. Jefferson also saw that blacks were men, and that really God created all men equal, black and white. Thomas Jefferson certainly lived an intriguing life. He lived during a time where slavery was legal. He lived during a time when slavery began to die out. Jefferson was part of the reason why blacks are free today. Although his beliefs shifted throughout the duration of his life he ended on the good side, the side that was just. He began to believe that all men are created equal with a literal meaning.