Comparison in the Issue Between USA and South Africa Essay Example for Free

Comparison in the Issue Between USA and South Africa Essay This paper seeks to make a comparison on freedom of expression between the United States and South Africa. The question to be answered in contained the definition of the problem. II. Definition of the Problem (or Issue/Topic) Is the freedom of expression now in the Republic of South Africa now comparable with that of the United States? III. Nature and Extent of the Problem in the Two Countries The Republic of South has evolved into a republic not many years ago which signifies its adoption of democratic framework which basically includes the freedom of expression as part of the rights of the citizens. The US Constitution which includes the freedom of expression on the other hand has been in existence much longer in number of years as compared with RSA’s. Given the extent of the proliferation of the technology and the universal nature of human rights at this point, it is interesting to evaluate whether the rights or freedom of expression are comparable or have close similarities between the two countries. IV. Dynamics of the Problem This part would refer to the factors that could create or perpetuate the problem or those that would tend toward elimination/resolution of the problem. What could create the problem may include lack of vigilance of the citizens in protecting their rights. Democracy requires vigilance of its citizens (Shaw, S. , 2001; Africa Research Bureau, 1981) and the failure of these citizens to assert their right could result to the demise or non-enjoyment of the right. Another factor is the support of the courts to uphold the right of the citizens by the nature of the decisions made. It is also required that courts need to have independence from the political branch of the government (Lieberman, 2006; Bowman Iii, 2005). What could work towards elimination or resolution could come from the factors that c could create or perpetuate the problem. If the citizens therefore are vigilant, there is a great chance that the right would triumph in the court battles. Similarly if the courts are independent from the political branches of government and that the resulting decision are based on the spirit and letter of the rights or freedom of expression (Pasqualucci, 2006; Pannill, 2002), they by all mean, the conflict if any on these rights may be resolved in favor of their assertion and eventual enjoyment by its citizens V. Analysis on the Degree of Comparability It could be cited that RSA’s ratification of its 1996 Constitution, signaled the adoption of some of the best practices from the different part of the world including that of the US. Since US is believed to the leader in the area of human rights, it could be thought the RSA may actually have improved on what is has adopted. The IFLA/FAIFE World Report: Libraries and Intellectual Freedom (1998) indicates that South Africa still requires more time to have its freedom to be considered comparable to the US. There is thus the RSA court decision involving the freedom of expression thing and what came out was that the Supreme Court has just even overruling previous decisions in favor of the upholding better right of freedom of expression. This means that RSA’s judicial system needs more time to really attain what the US as leader in human rights has attained as to freedom of expression. The IFLA/FAIFE World Report: Libraries and Intellectual Freedom (1998) has cited a decision on defamation in favor of â€Å"City Press† where the court has recently removed the unfair burden of legal liability on media. Without this ruling, the media would continue to be inhibited in its ability in championing the right to freedom of expression. This recent ruling was therefore considered as a victory of the principles of freedom of expression as contained in RSA’ Constitution. Since it was just made recently because of the RSA’s history of more repressive regimes, it could be asserted that it may require more time before RSA could match the kind of right now enjoyed in the US. VI. Conclusion Based on recent rulings of South Africa’s Supreme Court, it could be deduced that citizens of RSA could now be having more freedom of expression. But as stated in the dynamic of the problem, there are factors that could determine the resolution of conflicts pertaining to the right and the same factors could also be influenced the decrease or demise of the rights to expression. One of this is vigilance that must be asserted by the citizens of South Africa. The present level of technology could be a great help for them to use to protect their right by their acts of vigilance. The courts too need to be independent from political branches of government and be not cowed by the experiences of past regimes in South Africa. It has taken South Africa to adopt those of the US principles on human rights including the freedom of expression. It should be enough to conclude, it could not be that fast to reach what the US has attained in many decades for RSA’s freedom expression of expression to attain high degree of comparability with the US. VII. References Africa Research Bureau (1981) Africa Research Bulletin, Africa Research, Ltd. , 1981 Bowman Iii (2005) Mr. Madison Meets a Time Machine: The Political Science of Federal Sentencing Reform; Stanford Law Review, Vol. 58 ICL (2008) The Constitution of South Africa, Act 108 of 1996, {www document} http://www. servat. unibe. ch/icl/sf__indx. html, Accessed November 11, 2008 IFLA/FAIFE World Report: Libraries and Intellectual Freedom (1998), {www document} http://www. ifla. org/faife/report/south_africa. htm, Accessed November 11, 2008 Lieberman (2006) Sorting the Revolutionary from the Terrorist: The Delicate Application of the Political Offense Exception in U. S. Extradition Cases; Stanford Law Review, Vol. 59 Pannill (2002) Free Speech, The Peoples Darling Privilege: Struggles for Freedom of Expression in American History; Journal of Southern History, Vol. 68, 2002 Pasqualucci (2006) Criminal Defamation and the Evolution of the Doctrine of Freedom of Expression in International Law: Comparative Jurisprudence of the Inter-American Court of Human Rights; Vanderbilt Journal of Transnational Law, Vol. 39 Shaw, S. (2001) South Africas Transition to Democracy: An African Success Story : a Resource Book on the Positive Changes of the Nineties, The Author

Universalizability and Philippine Supreme Court Cases :: Criminal Justice

Universalizability and Philippine Supreme Court Cases ABSTRACT: The requirement that legal reasoning be universalizable is so unquestioned as a legal doctrine that it is practically axiomatic. Recently, two Philippine Supreme Court cases have been decided in a manner that apparently dispenses with this requirement. I discuss these two cases in the light of the requirement. I conclude that the requirement, rather than being diminished by the two cases, has actually maintained its axiomatic status on the basis that the reasoning in the two cases is deficient: the first either for inequality in treatment or for lack of clear guidance, and the second for the failure to appear impartial. The requirement that judicial reasoning be universalizable, that the justifying reasons for a decision are to be articulated or at least must be capable of being articulated in the form of a universal norm under which the facts of the case are to be subsumed so as to entail logically the decision, (1) is an acknowledged formal legal principle indispensable to any sound theory of adjudication. Recently, two Philippine Supreme Court Decisions, Alonzo v. IAC (2) and Marcos v. Manglapus, (3) challenged the very indispensability of such a requirement. This paper will discuss the interaction between and effects of these two decisions on the requirement of universalizability, by determining whether the requirement is indeed seriously challenged by the two cases and, conversely, by assessing and analyzing these two cases in terms of the requirement. These two decisions resolved the issues in the two cases by creating exceptions for the unique circumstances attendant to the cases, thus apparently dispensing with the requirement. In particular, the Alonzo case held: "In fact, and this should be clearly stressed, we ourselves are not abandoning the Cojenero and Buttle doctrines. What we are doing is adopting an exception to the general rule, in view of the particular circumstances of the case." (4) In the Marcos case, reference was made to the special circumstances involving President Marcos thus: "This case is unique. It should not create a precedent, for the case of a dictator forced out of office and into exile after causing twenty years of political, economic and social havoc in the country and within the short space of three years seeks to return, is in a class by itself." (5) In discussing the interaction between and effects of these two decisions on the requirement of universalizability, the paper will first briefly explain the rationale behind the requirement. Universalizability and Philippine Supreme Court Cases :: Criminal Justice Universalizability and Philippine Supreme Court Cases ABSTRACT: The requirement that legal reasoning be universalizable is so unquestioned as a legal doctrine that it is practically axiomatic. Recently, two Philippine Supreme Court cases have been decided in a manner that apparently dispenses with this requirement. I discuss these two cases in the light of the requirement. I conclude that the requirement, rather than being diminished by the two cases, has actually maintained its axiomatic status on the basis that the reasoning in the two cases is deficient: the first either for inequality in treatment or for lack of clear guidance, and the second for the failure to appear impartial. The requirement that judicial reasoning be universalizable, that the justifying reasons for a decision are to be articulated or at least must be capable of being articulated in the form of a universal norm under which the facts of the case are to be subsumed so as to entail logically the decision, (1) is an acknowledged formal legal principle indispensable to any sound theory of adjudication. Recently, two Philippine Supreme Court Decisions, Alonzo v. IAC (2) and Marcos v. Manglapus, (3) challenged the very indispensability of such a requirement. This paper will discuss the interaction between and effects of these two decisions on the requirement of universalizability, by determining whether the requirement is indeed seriously challenged by the two cases and, conversely, by assessing and analyzing these two cases in terms of the requirement. These two decisions resolved the issues in the two cases by creating exceptions for the unique circumstances attendant to the cases, thus apparently dispensing with the requirement. In particular, the Alonzo case held: "In fact, and this should be clearly stressed, we ourselves are not abandoning the Cojenero and Buttle doctrines. What we are doing is adopting an exception to the general rule, in view of the particular circumstances of the case." (4) In the Marcos case, reference was made to the special circumstances involving President Marcos thus: "This case is unique. It should not create a precedent, for the case of a dictator forced out of office and into exile after causing twenty years of political, economic and social havoc in the country and within the short space of three years seeks to return, is in a class by itself." (5) In discussing the interaction between and effects of these two decisions on the requirement of universalizability, the paper will first briefly explain the rationale behind the requirement.

Ethno Tourism Benefits Both Visitors

Tourism industry has witnessed a fast development in the recent decades. As a new type of tourism, ethno tourism combines sightseeing and seeking the cultural experience of the tribal communities of the tourist destinations (Cooper, 2005). Since ethno tourism greatly stimulated the economic development of the local communities, people think that ethno tourism benefits both the visitors and the local communities of the destinations. On the one hand, ethno tourism enhanced the cultural communication between different ethnic groups.However, it is also worthwhile to note the possible dangers to the environment might be caused by the over-development of ethno tourism (McLaren, 2001). There are many other negative influences upon the local communities in the same time. These may include the pollution to the natural environment, the eroding of the local culture and the risk of infectious diseases. As a result, I maintain both the positive and negative influences of ethno-tourism have to be clarified so as to keep a balance between tourism development and the protection of the local communities.This essay, based on the analysis of the various influences of ethno tourism in both the industrial development and the change of people’s attitude, examine the benefits of ethno tourism to both the visitors and the local communities of the tourist destinations. In the meanwhile, I also intend to analyze the potential harms brought about by ethno tourism in the local communities. The development of ethno tourism mainly focuses on four major long-term positive influences within the local communities.These effects include the improvement of the local economy, the communication of different cultural groups, remarkable influence upon the society of the tribal communities and the advance of the local life conditions. With regard to economics, the benefit to the locals is considered to be the major drive force that stimulates the development of ethno tourism. Ethno touristsâ₠¬â„¢ objective in visiting a local place is to seek the experience when enjoying the various types of cultural traditions which are exposed to the whole world and the influence is amplified to the outside (Mitchell, 2009).This might become an important premise to attract more travellers to the local tribes. As time going on, the local people gradually begin to benefit from the ethno tourism industry. More travellers bring more economic resources that are urgently needed for the local development (Kaplan, 2009a). In addition, ethno tourism attract outside economic resources, which are important for the development of the local economy (Vidal, 2009). The investors come to the tribal communities like a model as teaching them how to operate a business and how to use the resources efficiently.Therefore, these local communities may be able to manage their economy independently in the future. However, the more short-term investments follow by the more ethno tourisms will cause risks too. O ver-development of ethno tourism may cause serious pollution to the local environment (McLaren, D. 2001). More visitors in the meantime may imply the pollution to the air, the water and the soil of the local environment, which used to be clean and tranquil. What is more, cultural communications are obviously resulting from the different cultural backgrounds between the tourists and indigenes.As the development of ethno tourism, these local cultures began to be known by the outside people (Mitchell, 2009). Gradually, the local culture of the tourist destinations might become influential in the country or even in the whole world (Buckley, 2000). Taking China for example, some of the products in the mountainous areas were not well known by the outside world. However, when more and more travellers coming to these areas, the products made by them that conveying the special colours of the local culture have been accepted by the outside people.The bamboo ware in South-east China, for insta nce, can be seen as one typical example. Originally, these bamboo wares were only made for family use of the local people in these areas, however, when more and more tourists coming to the local place, they find these bamboo wares are not only useful in life but are also nicely made. And some of them can even be seen as artistic products that conveying the special culture of the locals. In this way, these bamboo wares are exported to the outside world and gradually become popular (Guo, 2001).This is a combinative example which are contained the influence of local economy and the culture spreading of the tourist destinations. In the old times when transportation and communication were not as advanced as today, it is difficult for the outside people to know some remote tribal communities. So the excellent craftsmanship of the tribes could not be appreciated by the outside people. But it would not be restrict anymore due to the prosperous development of ethno tourism.Most of the time, foreigners and tribal people have even interacted respectively through the visit of ethno tourism. Visitors are interested in promoting their special ways of daily lives and thus made the local people understood by the outside world. Apart from what the local people learn about the foreign guests, their communications also help the outside world understand the specialty of the local traditions in a number of ways. In addition, with much more understanding of the locals, people from the outside world might be more tolerant to accept the local culture.Cultural exchange and communication between different travellers and tribes are consequently enhanced by ethno tourism. Although visitors broaden their mind because of a better cultural communication as well as indigenes, the local culture of the tourist destinations might be seriously eroded in the long-term since the culture coming from the outside world (Wilkerson, et al. , 2003). For example, in some of the South-Western provinces of China, there is a trend of losing some precious local cultures due to the acceptance of the outside culture.Youngsters are no longer willing to live in the local place and they gradually protest against the traditional way of life because they contend that it is unfashionable to obey the tradition which has been passing down to them by generations. Consequently, the valuable indigenous culture may be extinct. The influence of the society resulted in ethno tourism to the local communities is also as remarkable as culture. The reason can be understood as similar to that of the economic development stimulated by ethno tourism in the destinations.The mechanism can be understood as a chain reaction, which is a series of changes brought about by the ethno tourism (Cooper, 2005). The first process of this change is the opening of the tourism resources to the outside world. The second stage is to attract as many tourists as possible to contribute to the local economic development. In the f inal step, a whole system of the local industry based on the ethno tourism can be set up. In this way, there would be a profound change of the local society (Wurzburger, 2009).Nevertheless, this change is not owing to the destruction of the natural and cultural resources of the destinations. On the contrary, ethno tourism encourages the preservation of the sustained ability of the local communities to attract ethno tourisms as many as possible. Again, the development of ethno tourism is conducted according to the preservation of the local tourism resources (Wilkerson, et al. , 2003). Accordingly, the special culture of the tourist destinations is expected to be well preserved rather than be destroyed.At the same time, the local government aims the local communities by issuing political support of preserving the natural and cultural resources of ethno tourism. For this reason, the sustained ability of the tourism travelling in the local communities can guarantee that the local commun ities constantly attain advantages. With the accumulation of wealth since the development of ethno tourism, the local tribes are needed to build the infrastructures as soon as possible what are essential to improve the life conditions of the indigenous communities.Tourism can be a useful source of income (Vidal, 2009). For instance, with the money they earned, the indigenous communities can build up roads, hospitals or other basic facilities for the locals. In my view, health service is the most important part of the local tribes' improved living conditions and it is exactly built up by the income of the tourism industry. In other word, it can be said that it is based on the economic development stimulated by the ethno tourism so that the public health facilities can be improved.Also, ethno tourism, aiming at preserving the local natural environment, does not bring about any significant negative influence on the local ecosystem (Wurzburger, 2009). This is very important to preserve the health conditions of the local communities because ethno tourism stands against environmental destruction and industrial pollution (Buckley, 2000). Hence, the profits made from ethno tourism, needless to say, are played a major role in the local healthy industry.Despite the tribal citizens will gain some benefits for their living standards because of the progress of the infrastructures, the health of the locals might also be negatively influenced by the development of ethno tourism. According to the research result of some investigations, in some tourist destinations, about 30-50% of the locals die from diseases introduced from the outside world by the travellers (Kaplan, 2009b). The foreigners may bring new diseases to the tourist destinations and the indigenes may die of lacking in immunity.To sum up, as a new concept of the tourism industry, ethno tourism mainly benefits the local communities as well as the travellers whilst it has been paid numerous attentions to in the past few years, such as protecting environment and learning to manage business. Especially, with the advocating of environmental preservation and natural protection, ethno tourism has been considered to be one of the major trends of the development of world tourism. However, people should keep an eye on that the over-development of ethno tourism which might be a long-term dangerous roblem to the ruin of some aspects of the tribes people’s life while the destruction of the natural environment is the most serious issue. How to keep a balance between protecting the cultural environment of the local communities and the development of the local society and economy in particular is an urgent task of both the local indigenes and the foreign visitors. Otherwise, no one can acquire any advantage from ethno tourism because the destroying ethnic environment is unable to attract tourist and no more bring any profits then.

The Balkan Of World History - 1518 Words

If one was to ask the experienced historian Andrew Watchtel, author of the book â€Å"The Balkan in World History†, about the most peculiar aspect of East Central Europe, odds are, he would refer to its cultural layering. Watchtel use the term cultural layering to define the collage of cultures that have fused over time in this region. This cultural layering found in East Central Europe is reflected more evidently with the infrastructure, language roots, and religion of the Balkan area. The Roman, Byzantine, and Ottoman empires were the ones that for diverse reasons left a more lasting impression in this area. To be more specific, by means of architecture, the province of Plovdiv, Bulgaria is the perfect example on how these three empires left†¦show more content†¦At last, the Roman set the Danube River as the empire’s limit or natural divisor from the northern European unconquered territories by building limes or fortified borders. As Rome added new provinces to the empire set Greek as the official language of the Eastern part and built infrastructure throughout the region. Before incorporating the Balkan Region into the empire, Latin was the only official language in the empire. However, the language used in the Balkans area was mostly Greek, so Romans decided set Greekas the the official language of the Eastern part of the empire. Jean Sedlar, author of the book, East Central European in Middle Ages, estimated that one reason of doing so may be because the Romans admired for the Greek civilization (Bideleux and Jeffries 1998, 42). Moreover, his conjecture may be correct, due to the fact that the Roman culture was based on Greek background. Therefore, most of the Eastern part of the empire used Greek as the official language, but the Dacia province was the exception where the Romanian developed, a romance or Latin derived language. One of the myriads of examples of Roman architecture can be reflected with the Plovdiv Aqueduct located in present day Plovdiv, Bulgaria or the Ancient Roman province of Thracia. Secondly, the Byzantine Empire, also referred as the Eastern Roman Empire expanded to parts of Eastern Central Europe as a measure of gaining control over the Holy Roman Empire. Byzantium was