Category: Activism

Introduction

The focus of this a paper is on outlining the relationship supposed and existent, between the state and society in the understanding of developmental theories particularly for developing countries. The implied position underlying the focus objectives of this paper come from the understanding that the influence of society on the state and vice versa is unavoidable. To effectively zero in on the explorations of the supposed relationship the two; the terms ‘state’ and ‘society’ must be defined. Various contributions have been advanced as the definitions of state.

Main body

Perhaps the most appropriate one which is used in mainstream domains is that which holds that a society is body of human individuals which is peculiarly marked by patterns of relationships between the individuals which have a common and distinctive culture and value systems. (Jenkins 2001, 54) In this domain culture is also defined as a sum of a people’s values, beliefs, norms and traditions among various aspects that relate to who the people actually are as a group or as individuals.

Culture definitions that acknowledge the estate of a people’s culture as a result of various internal and external forces will be more valuable for the purposes of this tract. From a broader perspective society has been defined as an economic, social as well industrial ensemble where-in various people(s) live together. (Jenkins 2001, 54) The members of the society may be from a different ethnic group and in some case the entirety of a society may be a collection of a particular group of people such the English or the Jews, etc. In other cases the term can be used to refer to huge population domains like the western or African society in a general sense. For the purposes of this paper the term will be used as reference to the body of human population which falls directly under a particular state and within precise geographical parameters called countries (Franz Oppenheimer, 2001, p. 51).

The state on the other end has been defined as a political association with working honor and independence over a particular geographical area. The association must be representative of a populace. (Peter Laslett 2001, p 16) The scholar further outlines that these may be nation states or sub-national states or in other cases multinational states. What is important is that the state constitutes institutions endowed with power to create rules that set the framework in which the society can be governed in a desired harmonious manner. From the onset the concept of governing in its own right is a means by which the state shapes the society (Raymond Williams, 2002, p. 43).

There is an overwhelming evidence to substantiate the notion that society does influence the state. This has been based on the underlying understanding that the governing institutions that constitute the state are formulated and framed within the culture confines and various value systems of the society within which they function. The society here can be the global society, especially in reference to the state institutions of mature western democracies whose state institutions and statutes are based on the classic cultural concept of universalism. Cultural Universalism holds that cultures originate in one point and thus are; and must be mutually compatible. The concept embraces the notion that there is one ideal model of human rights and a global way of doing things (Culture). Universalism lies in the core of contemporary human rights statutes (Raymond Williams, 2003, p. 43).

Universalism holds in it score that there is a foundation human union which regards all individuals are entitled to basic rights regardless of their race, origins and religious beliefs or otherwise. From another perspective cultural Relativists hold that cultures are intrinsically different; that the cultures of the world can not be thought to be compatible neither can they be blended (Peter Preston, 1996, p. 21). From the foregoing perspective, it can be noted how especially mature democratic states are shaped by the global society in the premise of human rights and also how the states prepare governing concepts based on the Human Rights Charter framework. Notably the concepts also influence the conduct of the society and hence the flow of influence is mutual between the state and the society paradigms.

In states that are categorised as cultural relativist, governing principles are formulated from the premise of ‘national’ culture with no particular regards for what global culture entails or stipulates. In this case the state is shaped by the national rather that the international society. Another perspective holds that regardless of the tenets of the relativist cultural thrust; there is no state that is immune to global influence in the wake of contemporary sweeping phenomena such as globalisation and aspects like acculturation and cultural pluralism (Cowen, 1996, p. 12). The proponents of cultural relativism pose a towering challenge to the paradigm of the universality of norms.

The proponents reinforce their rejection of the fundamental position that human rights are universal without any kind of exceptions. These have based their arguments by rejecting concepts of universality proponents who present that there is theoretical junction and intellectual logic in theories presented to anchor and support the universal international human rights law. (Theodore, 1974, p 26) These have thus maintained that national states as well as societies must be free from external influences arguing that each society is entitled to its own ways of doing things, defining and protecting human rights. (Lowi, Theodore, 1974, p 26) Societies are also susceptible to the state, whose formation and functionalities must constitute the influence of its subject society.

There can be drawn important illustrations on the part of the influence that state has own society. Explorations on this perspective are based on the notion that the state uses political power to acquire wealth and power while the society uses economic means to advance and consolidate itself (Wegener et al, 1994, p. 65). This notion has pitted the state as the enemy of society and vice versa. The state has power over its governing instruments, the judiciary, the legislature and the executive which invent main principles on the conduct of individuals and entities for the social, political, and economic and all aspects relatable to human existence.

One profound source of influence on the form of state has been the society of Non-governmental Organisations. Non Governmental organisations (NGOs) are legally bound organisation created by private institutions or a group of people with no associations with the government (Wegener, 1994, p. 65). Even in cases where the NGOs to some extent are sponsored by the government the independency of the NGO is clearly maintained and spelt out right through the course of their activities and existence.

NGOs have characterised social development in contemporary socio-economic paradigms as most them emerge and function to bridge the gap between the “haves’ and the ‘have nots’ in the phrasing of the philosopher Karl Marx. In developing countries which are classified as countries that have not accomplished the often Western defined measures of democratic governance, free market economic models , social programmes , human rights assurances and most importantly, industrialization (Wegener, 1994, p. 65). NGOs play a vital role of bridging gaps that exist in societies in various dimensions. It is particularly essential that most of the NGOs activity to this end is marked by lobbying and pressuring of especially repressive governments to open up and bolster societal participation in the crucial fronts of socio-economic and political development.

Besides presenting relief support and other forms of help to global communities NGOs also help in the dimension of championing the awareness of people on key human progression issues for instance, human rights. On this dimension NGOs play a vital role of empowering people with knowledge that will enable them to function more effectively as liberated individuals (Stone, Diane, 2004, p. 132). Such thrusts of NGOs have also seen the growth of public participation on various issues and the role of the NGOs here plays towards the creation of aware communities and this creates conducive climates for democracy which is the only best known political and social system for the governance of a people.

Nonetheless the activity and functions of the NGOs on this dimension is restricted in the confines of the fact that the activity of the NGOs must not be perceived to be playing towards any move that may be interpreted as partisan. Whilst the activity and the thrust of the NGOs agenda lays significant influence to shape the states towards models of democracy and free market economies, the activity of the entities is also defined within the parameters of what the states define as their parameters (Stone, Diane, 2004, p. 135).

There is a significant thrust at exploring how the commerce and business realms (societies) are shaped by the state through the principles of the state’s institutional authorities. Scholars such as Greenwood and Hinnings (Opcit) have posited that although state institutional impact on society is not generally viewed as providing a model of organizational and individual conduct but also provides an explanation of important issues of societal dynamics. The state institutional theorists have shown why some organizational arrangements become wide spread across sector boundaries and why organisations under similar institutional pressures, may experience different patterns of change. The pathway related models must thus be construed in the manner in which they illustrate the paradigms of changes and pathway chosen in relation to various dimensions that are based on an organisation’s features and characteristics.

It can be mentioned that the flow of influence between the state and the society is mutual. The shape and forms of state are nonetheless more dependent on the particular ideologies of the individual state heads who for one reason or the other subscribe to particular socio-political and economic ideologies. For instance if the state head is a typical dictator, the governing functionalities of the state will acutely and highly be repressive, this has encompassing implications for the subject society. The conduct of societies, their values their aspirations, their social, economic and political activities are determined by the issues of where the state has left them with regards to the accomplishment of their ultimate goals of freedom and progression in all aspects of life. (Jenkins, R, 2001, p 24) Notably the state is inturn shaped by the pressures coming from a society that will not cease to pursue its profound goals.

Development theory embodies a cluster of theories and models that have been propounded and developed with regards to how best positive change can be achieved in societies. The theories have been built from a pool of ideas drawn form multiple socio-scientific domains and approaches. This section of the paper focuses on the influence (either existing or assumed) of development theories to public policy formulation and implementation in developing countries. Some scholars define policy as a deliberate or purposed blueprint of action to govern decisions towards the achievement of reasonable (rational) outcomes.

The import of the term makes it squarely applicable on government, the private sector institutions, various groups and individuals. Policy differs from rules and law. Rules and laws constitute the legislature and the judiciary aspect of government yet policy focuses on guiding the decisions making processes such that all variables and the decisions setting are modeled to facilitate feasible decision making towards the kind of actions perceived to precipitate the best of outcomes (Jenkins, R, 2001, p. 24).

In light of the foregoing it can be stated that policy making for developing counties becomes a key aspect of the transformation and development thrusts. It must therefore draw cues and run in tandem with the host of development theories to ensure the accomplishment of set goals. Policy or policy study may also be understood as the process entailing the making of critical institutional decisions including the establishment of different alternatives like programme or expenditure priorities. According to the idea the identification and selection of the best alternatives is largely shaped on the perceived impact that the selected and other alternatives may have. Policy can also be interpreted as political, social, managerial, fiscus and administrative, etc.

One of the salient and mainstream theories of development is the modernization theory which holds that developing countries may take significant cues from the states and processes that the countries which belong to the developed world went through. In its core the theory holds that developing countries must follow the development processes and methodologies of the develop countries. Thinkers like Walt Rostow and A.F.K. Organski came up with stages of development through which every country goes through in the long process of development. The contributions of Rostow came through his popular book, “The Stages of economic Growth” which was authored in defense of free enterprise model of economics particularly for developing countries.

From another angle the modernisation theory has been relished by contributions form Samuel Huntington who presented development as a linear process that every country must go through. Developing countries have to draw form the celebrated contribution of foregoing insights which are antithetical to Classical Liberalism in their view of the state as a central player well suited to facilitate development especially in developing countries (Jenkins, R, 2001, p. 24). Unlike the models of socialism and communism which vest much power on the people (populace) modernisation places the government at the centre to drive to multi-dimensional societal development. This places an inalienable onus and impetus for development on the state and hence governing authorities in developing countries must be the leading and the most active players in the efforts to bring about significant societal development.

One salient dimension of the modernisation model which is particularity significant for the developing countries is the education aspect pulled in through the contributions of Talcott Parsons’ functional sociology who outlined the properties that differentiate ‘modern’ and ‘traditional’ societies. In his sociological thrust Parsons holds the aspect of education as key and indispensable in the quest to create modern individuals and societies. The foregoing insights are based on the understanding that the introduction of technology in developing economies will catalyse change and hence the central importance of the education aspect. This thrust is biased towards the theories and ideas of development.

The definitions of development have dominated debates in various academic and circles. Largely the meaning of the term depends on who is defining it. The western model leverages on the aspects of technological development with no particular stress on values and culture and thus, especially African views on development have been downplayed by the technology stressing definitions. In line with the foregoing renowned Africa philosopher and author Ngugi Wa’thiongo asserts the so called mature democracies hail their progress in matters of technology yet through the capitalist economic approaches, they still practice what he classifies as social cannibalism and in this conceptual premise he presents a critiquing of the pro-technology limited perspective on the broad concepts of societal development (Jenkins, R, 2001, p. 24). Scholars like Ngugi would argue therefore that societies can still be held as highly developed in consideration of their cultural and social values systems that foster egalitarianism and equal distribution of a society’s resources irrespective of levels of the particular society’s technological development.

Nevertheless the pro-education aspect of the modernisation theory is particularly essential for the developing countries most of which still register nominal literacy rates paralleled by grim skills shortage statistics. Policy formulators in developing countries will benefit quiet considerably from the modernisation theory which emphasizes the aspect of education. Policy makers in developing countries must prioritise the aspect of education as no development in the contemporary world can be accomplished nor sustained without education (Vaugh 1980, p. 31).

The modernisation theory holds again in its core that developing countries must partner with developed countries to learn from the developed economies. This is perceived to enable the developing economies to development faster than the developed countries and that facilitate the accomplishment of equal growth and development. Developing countries tapping the merits of this development model will thus consider partnering with various developed countries in form of bilateral trade agreements or educational exchange programmes. Any programmes tailored to facilitate knowledge exchange between the developed and the developing countries may be perceived to contribute significantly to the precipitation of desired development outcomes.

The dependent theory of development on the other end comes as direct contrast to the import of the modernisation theory. Modernisation Theory holds that development and underdevelopment are determined by internal conditions within each economy pressing for partnership between the developed and underdeveloped, the dependency model of development on the other end holds that development comes from underdevelopment and that underdevelopment comes from development. The model thus is proponent to the philosophically Marxist ideas that advocate for the cutting of ties between the developed and underdeveloped countries such that the underdeveloped may focus on the internal matters to drive internal growth. An example of policies based on this model is the Import Substitution Industrialisation policy. Such a policy is feasible for protecting a developing economy on dimensions of international trade which can be plagued by ills such as currency volatility, unpredictable financial markets, etc (Lenski, G. 1974, p. 31). The Imports Substitution Industrialisation policy can be adopted by developing countries concerned most about cushioning themselves from the upheavals in global markets yet the theory does not provide much on concepts needed for multi-dimensional societal development.

The World Systems Theory came after criticism of the dependency theory and has not enjoyed much popularity as other theories. The salient tenets of the theory are marked by acute distrust for the State which is viewed as the group of elite not in touch nor concerned about the plight of the poor. The theory also holds that industrialiation can not be held as a measure of development. The State theory followed criticism of the World Systems theory. The World Systems Theory is arguably the most contemporary of all theories presented basing on the strong thrust of the model on the aspect linking the economy with politics. It can be argued that most developing countries have suffered great limitations on the path of economic and multi-faceted societal development owing to their typically dictatorial political systems.

Trends linked to the tenets of the State Theory of development indicate that mature democracies of the West are the highly developed while dictatorships especially in Africa and the world over are the most underdeveloped. Developing countries are under pressure to change in their political domains and facilitate the development of open societies that will facilitate and catalyse social progression towards multi-dimensional societal growth. Success for developing countries must be expected to come from public policy and development strategy that draws from the entire development model tenets that influence and furnish contemporary public policy making development planning.

Media has largely been viewed as the fourth estate complementing the three conventional government arms which are the legislature, executive and judiciary. The role of media in society is very critical and crucial to the social, political, economic and other societal dimensions. Media communicates culture as societies derive values from supper structure, those in helm of societies, in Karl Marx’s perspectives and language (Lenski, G. 1974, p. 42). As such media is said to play a crucial role between the state and the society. Society may influence the state through media and the inverse is true.

In ideal socio-political environs media plays an essential role of critiquing the body polity such that the conduct of those in power is kept at check ensuring the focus on the people’s needs. This is not true in typically dictatorship societies where in fact the state manipulates media to brainwash the society and silence opposition. Nonetheless the role that is played by media is a lucid example of channels through which society impacts the state and vice versa.

The unrestricted flow of credible political happenings and developments is essential for the public’s discerning of politics, the generation of what is called public opinion as well as the involvement of the public in all aspects of the entirety of the political process. Also; the independence of media from political meddling and the essence of media as in the way they play their political roles, the manner in which media is subjected to pressures from the commercial systems that fund the media entities as well as the decisiveness of the government in supplying information; all have a great deal to do with the maturity of democracy and the propagation of public opinion driven societies.

Conclusion

The functionalities of media have made it a vulnerable tool subjected to use and abuse by those in power bent on swaying public opinion and influencing popular opinion on individuals and issues among other things. In summation it can be stated that the relationship between society and state is characterised by the insistent pressure and forces from the society to impact on the state in the direction of the achieving of societal needs and the unrelenting pressure from the state to model society in the premise of its either pro-people or anti-people ideologies. No matter which developmental models that developing countries adopt; the mutual influence between the state and society is inalienable.

References

1. Althaus, Catherine; Bridgman, Peter & Davis, Glyn. The Australian Policy Handbook, 4th edition, Sydney: Allen & Unwin., 2007
2. Berndt, T. J. Friendship quality and social development, Current Directions in Psychological Science, Sidney, PAC, 2002
3. Davies, Thomas Richard, The Possibilities of Transnational Activism: the Campaign for Disarmament between the Two World Wars. New York, Millennium Books, 2007
4. Franz Oppenheimer, The State. New York: Free Life Editions, NC, USA, 2001
5. Jenkins, R, Foundations of Development. London: Palgrave Macmillan, 2001
6. Jenkins, William, Policy Analysis: A Political and Organizational Perspective. London: Martin Robertson., 1978
7. Karen I. Vaugh, “John Locke’s Theory of Property and Development : Problems of Interpretation” in Literature of Liberty, 1980
8. Kernis, M. H., Cornell, D. P., Sun, C. R., Berry, A., & Harlow, T. There’s more to self-esteem than whether it is high or low: The importance of stability of self-esteem. Journal of Personality and Social Psychology, 1993, Ohio, McGraw Hill, 1996
9. Lenski, G, Human Societies: An Introduction to Macrosociology. New York: McGraw- Hill, Inc, 1994
10. Lowi, Theodore J , American Business, Public Policy, Case-Studies, and Political Theory, London , PAC, 1974
11. M. P. Cowen and R. W. Shenton, Doctrines of Development, London, Routledge, 1996
12. Peter Preston, Development Theory: An Introduction to the Analysis of Complex Change, Wiley-Blackwell, 1996
13. Peter Preston, Rethinking Development, New York, Routledge & Kegan Paul Books Ltd, 1988
14. Paquette, Laure. Analyzing National and International Policy, Sidney, Rowman Littlefield, 2002
15. Peter Laslett, ed, Two Treatises of Government. Cambridge: Cambridge University Press, 2001
16. Raymond Williams, “Society”, in: Williams, Key Words: A Vocabulary of Culture and Society. Fontana, 2003
17. Strengthening the Role of Non-governmental Organizations: Partners for Sustainable Development, Earth Summit, 1992
18. Stone, Diane. ‘Transfer Agents and Global Networks in the ‘Transnationalisation’ of Policy’, Journal of European Public Policy, 2004
19. Wegener, D. T., & Petty, R. E. Mood management across affective states: The hedonic contingency hypothesis. Journal of Personality & Social Psychology, London, Oak Press, 1994

Main Arguments in the Readings

The article “Political Openness and Transnational Activism: Comparative Insights from Labor Activism” by Teri L. Caraway is focused on the exploration of transnational activism. The author argues that multiple types of activism in various countries are affected differently by their political openness (Caraway 278). Compared to the general approach of Caraway, McCammon et al. have a narrower focus and investigate the activism of suffragists (1866-1919) and explore the opportunity structure that helped the activists to succeed in their movements and win voting rights.

The authors argue that the opportunity structure should not be viewed in the political context alone (McCammon et al. 49). In turn, Sidney Tarrow’s argument is concentrated on the impact the opportunities produce on the people’s desire to rebel or absence thereof. In particular, the author points out that the influence of the options is more potent than that of the existing economic and political factors (Tarrow 71).

Examples in the Readings

All of the studies attempt to investigate how the domestic circumstances in the countries may drive social activism. For example, Caraway identifies three significant factors that contribute to the emergence and development of activism; they are democracy supporting human rights, NGOs enabling activist movements, and the ability to transmit information across the country and outside of it, as well the ability for the people to move around and outside the country (280). However, McCammon et al. argue with this perspective and point out that the political circumstances and factors are not the only sides to the phenomenon of social activism.

In other words, the authors emphasize that the political factors could definitely contribute to the political success of a movement, but there are also factors that exist beyond this sphere. For example, the authors suggest exploring society-centered perspectives on activism such as class, racial, and feminist theories of the state (McCammon et al. 51). Viewing activism from the point of view of the balance of threats and opportunities, Tarrow uses the example of labor strike waves that occurred in the 1930s in France and the USA but never happened in Germany and Great Britain. The author explains that it is possible that the states that offered more opportunities managed to prevent the upheavals (Tarrow 73).

Relationships of the Reading to Our Understanding of Social Movements

The three readings approach the issue of the emergence of activism from different perspectives examining the accompanying political and social circumstances and identifying versatile factors that participate in the formation of the movements. The authors do not deny one another’s points of view but provide a broader and more holistic understanding of the nature of activism and its diverse contributing factors.

Works Cited

Caraway, Teri L. “Political Openness and Transnational Activism: Comparative Insights from Labor Activism.” Politics & Society 34.2 (2006): 277-304. Print.

McCammon, Holly J., Karen E. Campbell, Ellen M. Granberg, and Christine Mowery. “How Movements Win: Gendered Opportunity Structures and U.S. Women’s Suffrage Movements, 1866 to 1919.” American Sociological Review 66.1 (2001): 49-70. Print.

Tarrow, Sidney. Power in Movement. Cambridge, United Kingdom: Cambridge University Press, 1998. Print.

In her narrative about coming of age in Mississippi, Anne Moody begins her process of activism exactly as Martin Luther King Jr. outlines while still following her own path. King said that “in any nonviolent campaign there are four basic steps: a collection of the facts to determine whether injustices exist; negotiation; self-purification and direct action.” One point in Moody’s story that depicts a point in her life when she had to make the decision to act nonviolently occurs relatively early in her story as she is making the decision to leave Mississippi. Her thought process through this segment of her story illustrates how she followed and amended King’s process to her own needs.

Moody begins the passage by illustrating how she began thinking of activism by collecting the facts. She relates the story of poor Samuel O’Quinn who was murdered as he walked the distance from the town to his home on the outskirts. According to Moody, he was shot from behind at close range, indicating both that the murderers wanted to take no chances at missing, Samuel most likely knew he was about to be killed and that the killing was done in what would normally be considered a cowardly fashion had it involved all white men under the old codes of chivalry and fair play. This incident serves as a catalyst for Moody who then begins remembering other killings that had already taken place. “I lay in bed for two days after his death recalling the Taplin burning, Jerry’s beating, Emmett Till’s murder and working for Mrs. Burke.” All of these are evidence of the inequality and oppression of the South toward black people.

Moody’s negotiation stage is comprised more of careful consideration of the available options at her disposal. “I thought of waging a war in protest against the killings all by myself if no one else would help.” However, she had to come to grips both with her own physical and psychological limitations and escaped into her thoughts as she attempted to discover a new plan of action. This closely approximates the self-purification stage mentioned by King as she “became a real loner. I spent most of my time in school, at work or in church. Whenever I was home, I stayed in my room to avoid Raymond. I even moved the piano in there. I didn’t have any contact with my classmates or teachers outside the classroom.” Her associations with others are stopped because she is furious with other black people for not rising up in anger against the killings, beatings and oppression and she is angry with her white employer for not speaking out against it.

Although she had planned to finish high school in Mississippi and then escape to the north or somewhere the oppression might not be quite so oppressive, this purification stage makes waiting any longer nearly unbearable. Finally, Moody is driven to the direct action stage when she packs up her belongings and decides to move to New Orleans. “I would go to New Orleans to work at the restaurant, then finish high school at night.” While her action does little to stop the problems in Centerville, by removing herself and Adline from this oppressive atmosphere, Moody made a strong personal statement that these conditions were not acceptable to her and shouldn’t be acceptable for anyone.

Introduction

The constitution is the highest authority in many nations of the world including Australia and should be adhered to the latter. The judicial systems of these nations respect the constitution. However, in some situations, interpretation of the law is vital as some laws are ambiguous or absent. This essay shows that it is legitimate for the judges in Australia to engage in judicial activism.

Judicial activism

Judicial activism is the philosophy indicating that in some cases, judges should be allowed to construe the constitution in such a way that it reflects contemporary conditions and values. Liberalism, which is a belief in expanding the power of the government by construing the constitution broadly in order for it to be used to exact issues, supports this (Magleby).

Judicial activism occurs in a case when a judge decides on a case that is based on political or personal ideology or by giving in to pressure from special interests instead of sticking to the previous guide or the constitution. In a system with a separation of power, judicial activism disregards it and makes a new regulation that affects the country wholly instead of settling a specific case being tried (Holetzky, par. 1). In the government systems of many nations of the world, legislation is never done by the judiciary because it is not elected but only appointed. Therefore when judicial activism occurs, this can be referred to as the usurpation of power meaning that justice overrides the court’s jurisdiction or does create a judgment that diverges from jurisprudence, common law and generally the constitution. It can include a case whereby judges override existing laws or make certain doctrines legal without any support or precedent. This situation recreates or undermines policy (in most cases social policy) (Holetzky, par. 2).

Some cases cannot be heard through judicial activism. This is because they are not addressed in the constitution. A good example is an abortion or same-sex marriages that can only be decided by the people and the states otherwise they have to be included first in the constitution so that judicial activism can be applied (Holetzky par. 3-4).

The Common Law in Australia

This common law is used in several countries like the United States, Canada, Australia, India, Malaysia, and New Zealand. Common law is the system of law that was developed in England. It contradicts the system that was derived from the Roman law (often regarded as the civil law) that is operational in South America, Europe, and Japan. In the UK, judges who operated in the courts that had been created by the king established common law. The reason why it is referred to as the common law is because it established one law that was common to the entire British kingdom. The law was set by King William who together with the chief landowners wanted to strengthen their hold on the kingdom to run it smoothly (Craig, par. 1-3).

In the separation of power principle, the judiciary should always be independent of both the legislature and the executive. However in the Common law system, the judges make sure that the laws that have been made by the legislature have been obeyed. However, when new situations arise and values undergo a change, justices and judges can decide the issue differently. When the judge decides a case strictly according to a precedent, it may appear like an injustice. This is where the judicial activism came about whereby even if it is not the duty of the judges to make a law, they can use the law to fit in a new situation. In Australia and the United Kingdom, other parts of the common law have become very compound, forcing the legislature to either replace them or reform them (Craig, par. 4-5)

In Australia, the common law has in the recent past overlaid by stature and it exists in recent times as a weakened form. This, therefore, indicates that the common law is not what it used to be. The purpose of common law was to protect people against the ever-expanding and overreaching power of the government (Cooray, par. 19-20).

Judicial precedent

The doctrine of judicial precedent which is also referred to as stare decisis describes the fact that in the hierarchical structure in courts, any decision made by a higher court is binding on a lower court of that hierarchy. In the explanation, this means that judges should check to see whether a similar case had been handled by any other court before. If either a higher court or one of an equal status set the precedent, the judge would be obliged to abide by the rule that was established in the previous case. However, if that precedent was from a lower court, the judge should consider it afresh but now follow the precedent. This means that decisions by higher courts should remain binding on lower courts (example essays, par. 1&2). The advocates of a strict view of precedent in Australia state that the continuity, consistency and predictability that results from sticking to precedent is important in maintaining public confidence in the work of the Judiciary and the rule of the law (Kirby p. 2). However, one Australian Judge stated that he saw a great danger of injustice if there is high rigidity in adherence to the precedent. Australian law is said to rest on the decisions that have been by the country’s lawmakers and the judicial courts and also upon the “expression, application and development “of the precedent, with the Australian high court at the top of the system (Kirby p. 3).

Judicial Restraint

This is always seen as the opposite of judicial activism. It is a theory that discourages the judges from exercising their power. This means that judges should refrain from ignoring laws unless, of course, they are contrary to the constitution of the land. A jurist is required to sustain the law as much as possible. Jurists following this theory usually respect the judicial precedent (Eastern Michigan University, par. 1).

Pros and Cons of Judicial Activism in Australia

Pros

People who advocate for judicial activism argue that it allows for a “more fluid constitution.” They state that those who came up with the constitution were not in the position to foresee the state of the future government and thus judicial activism allows the ideas that are in the constitution to be shaped without overly limiting the contemporary legislation (Uiowa, par. 3). The justices come to realize that those framers never thought of everything and so as the time elapses, new situations come up and the constitution needs either to be interpreted to suit that situation. This means that judicial activism is very necessary for such a situation (Uiowa, par. 4).

Cons

On the other hand, judicial activism has been criticized as allowing adrift from the actual constitution, creating a kind of a constitutional crisis (Uiowa, par. 3). The opponents of judicial activism also argue that it contradicts the theory of judicial restraint and that the justices and judges should stick to the constitution “as they are no better than the framers” (Uiowa, par. 4). The detractors of the system have also claimed that it usurps the power that belongs to the branches of the government (that have been elected) and thus it becomes an enemy of democracy and the rule of the law. This argument has the claim that no unelected branch of the government such as the judiciary should overrule the policies that have been made by people’s elected representatives in the absence of a constitutional crisis (Hart).

Heydon (p.1) has stated that judicial activism in Australia impairs both the firm grip on the applicable law and the total probity and as a result becomes destructive to the rule of the law. He further gives two types of completely illegitimate pressures that drive judges to move away from probity and therefore evidencing judicial activism. One of them is the need to taint judicial decisions with personal opinions on every issue and the second is the wish to state the law (applicable) in a manner that is entirely unblocked by its former state, with the perception that it should be different (Heydon p.1).

Conclusion

From the conclusion, it is vivid that when the law is interpreted by Australian judges in a way that does not contradict the constitution, then such judicial activism is legitimate. This is because the constitution was framed without understanding the changes that would take place in the future. However, in a situation when the judges would use their personal opinion to decide a case and in the process create constitution crises; this would be illegitimate as the constitution is the highest authority in Australia. Though judicial activism is justifiable in specific situations, judicial restraint should also be observed so that democracy can be adhered to. In situations that arise and are not in the constitution, it should be the work of the legislature to amend it and add the law.

Work Cited

1. Craig, Jenny et al. Law and Rights: Common law. Updated 2008.
2. Cooray, L. The Australian Achievement: From Bondage to Freedom. 2008.
3. Eastern Michigan University. Fundamentals of Judicial Philosophy-Restraint.
4. Exampleessays. Doctrine of Judicial Precedents & its Hierarchy of Courts. 2009. Web.
5. Hart, John. Democracy and Distrust. Cambridge: Harvard University Press, 1980, Chapters 4-6.
6. Heydon, D. “How judicial activism results in the death of the rule of law in Australia.” On line Opinion, 2003: p.1. Web.
7. Holetzky, Sherry. What is Judicial Activism? Wisegeek. Updated 2009. Web.
8. Kirby, M. Precedent- Report on Australia. International Academy of Comparative Law Conference, 2006, Utrecht, Netherlands.
9. Magleby, David et al. Government by the People. 22^nd ed. Upper Saddle River, NJ: Pearson Prentice Hall, 2008.
10. Uiowa. Judicial Activism. Updated 2006.

Introduction

Judicial activism is defined as a form of judicial philosophy that motivates judges to move away from strict adherence to judicial precedence in preference to progressive and new social policies which are not always consistent with the restraint of appellate judges. Judicial activism decisions in some circumstances therefore may be intrusions into the legislative and executive affairs. According to the Merriam Webster’s dictionary of law, judicial activism is the action of protecting or expanding of an individual’s rights through the enforcement of decisions that are not in line with the established precedence or such decision which are opposite to the constitutional or legislative intent (Mane, n.d.).

Discussion

Conservative View: The principle of judicial activism has been constantly opposed by conservatives since they consider it as a process of selecting a particular freedom as a scheme to hand down rulings that can have the effect of expanding personal freedoms. Consequently, there is a fear that the stare decisis doctrine can sometimes be applied to erode the original word or to change the intention of the text so as to make it more malleable. The opponents of judicial activism argue that it goes beyond the normal constraints that the constitution, which is a supreme law, gives to the jurists regarding the right to water down any legislation that is perverse to the constitution. Consequently, those critical of judicial power argue that it can displace and override existing laws or may lead to unnecessary legal uncertainty. The principle of judicial activism can violate the principle of separation of powers since it has been interpreted as legislation from the bench which amounts to judicial tyranny or judicial dictatorship (Mane, n.d).

Liberal Perspective: The liberals argue that any living constitutions should be flexible and any constitutional philosophy endorses any ruling as long the judge is able to justify that the particular ruling can contribute to the growth and the evolution of the constitution. Notwithstanding this argument, judicial activism amounts to blatant violation of the judges’ oath of office and their sworn allegiance to uphold the constitution. Any judge who administers a ruling by applying the principle of judicial activism is an explicit indication that such a judge is not interpreting the constitution and it will in turn lead to the public perception that the judges are writing their own constitution and this has the net effect of creating skewed and unpredictable rulings (Chemerisnsky, 2010).

The epitome of judicial activism was the Brown vs. Board of Education. This ruling was considered activist in form because all the laws that required racial segregation were declared unconstitutional and all the precedents that had upheld such laws were overruled (Chemerisnsky, 2010). The most recent cases decided by judicial activism were the District of Columbia vs. Heller which was a gun ruling case. In this case, the Supreme Court considered the provisions of the second amendments regarding the right to bear arms as an individual right as opposed to a right tied to a well regulated militia (Bookman, 2010). The Supreme Court has been castigated for applying judicial activism in determining cases. The doctrine of judicial activism also poses problems to direct enforcement of justice (Roosevelt, 2008).

Conclusion

Judicial activism is considered a form of personified justice and therefore viewed as an inherent judicial principle. Judicial activism rulings by the Supreme Court have been political talk points and there should be a way of determining as to when a charge is justified or not.

References

Bookman, J. (2010). Latest gun ruling a case of conservative judicial activism. Bookman Blogs. Web.

Chemerisnsky, E. (2010, January 22). Conservatives embrace judicial activism in campaign finance ruling. Los Angeles Times, p. 1.

Mane, A.D. (n.d.). Judicial Activism: A Theory of Judicial Philosophy. Articles on Juries Prudence. Web.

Roosevelt, K. (2008). The Myth of Judicial Activism: Making Sense of Supreme Court Decisions. New Haven, CT: Yale University Press.

Judicial review is the power of the court to assess whether a particular law is contrary to the provisions of other laws or the Constitution. It is generally accepted that judicial review follows from the structure of the Constitution and is a basic principle of the US judiciary. This principle was introduced more than two centuries ago, quite a short time after the signing of the Constitution. Two landmark Supreme Court decisions, in the cases Hilton v United States 1796 and Marbury v Madison 1803, spurred legislators to introduce the practice (Spitzer, 2020). In the first case, the Supreme Court reviewed the plaintiff’s assertion that the Act of Congress, the Transportation Act of 1794, was unconstitutional in a judicial review (Spitzer, 2020). In the second case, the Supreme Court openly declared its power to declare the law in question unconstitutional.

As part of the second case, for the first time, the statement was made that the Constitution implies the right of the Supreme Court to overturn unconstitutional legislation. Today, the practice of judicial reviews is widely used, and by 2014 the Supreme Court had found 176 acts of Congress unconstitutional (Spitzer, 2020). Therefore, the practice of judicial review is of great importance, as it creates a procedure for reviewing erroneous initiatives in legislation.

Notably, the judicial activism is relevant for scenarios where a judge decides on a case without regard to legal precedents. Such decisions must be made to protect the rights of the individual and within the framework of a more general political and social truth. The term of judicial activism was first introduced in 1947 by Arthur Schlesinger, Jr. (Spitzer, 2020). Judicial activism is important today, as society must have influence on the laws that govern its life. For example, those people whose interests are violated by unjust laws should be able to defend their rights and can do this through appeals and support for judicial activism.

Reference

Spitzer, E. (2020). What is judicial activism? ThoughtCo. Web.

Introduction

Since 1947, judicial activism has been a hotly debated topic targeting judiciary and American judges. Besides being a permanent discussion, it has been studied and debated at length. In order to fully understand this concept, it is imperative to give it a proper cogency and greater coherence. To begin with, judicial activism may be defined as judges’ habit of diverting from the existing law when making rulings due to skewed political or personal interests. A critical example is whereby judges make rulings against those who have constitutional right by disregarding a formal model of law and basing their judgments mainly on pre-conceived ideologies. This essay explores the arguments for and against judicial activism and also examines potential conflicts between USA Patriotic rights and the 4^th Amendment rights.

The rubric for measuring judicial activism is wide and well elaborated in a continuum of dealings by federal judges such as wrong interpretation of accepted methodology, using a policy that is substantive, adjusting interpretations and doctrines that had been established earlier on as well as inventing theories and rights that are new in order to replace existing ones. Besides, judges can exceed court’s jurisdiction while exercising their powers, fail to follow precedent and be inconsistent when issuing an opinion. They can also take sides when making decisions, use remedial powers that are broad and disregard the originalist view when interpreting the constitution. Other conceptions regarding judicial activism emanating from politicians, media, lay people and the scholarly class include issuing holdings that are not minimalist but maximalist alongside failing to follow traditional modes of judgment similar to their predecessors.

Arguments that support and oppose judicial activism may be based on how individuals have decried judicial activism, praised and attacked with equal strength some of the opinions made by judges. Today, the populace and politicians in general continue to display a continuum of reactions. This may not be a strange practice at all since it has been embraced from the beginning. For instance, the move to have chief justice Earl Warren removed from the bench in the 1950’s by the Supreme Court triggered a dramatic response from the public (Pothier, 2010). The then case was involving relations of the church, state and desegregation. The judges’ decisions were influenced by the public. From that time to date, the tendency of overstepping the legal mandate and constitutional provisions by federal judges has increased. As a result, they have been sharply criticized by the public. However, they still enjoy significant support from various quarters and hence continue to invalidate laws and remain without abdication. Indeed, the constitution continues to suffer great violation from these judges.

Arguments for judicial activism

Judicial activism has been greatly criticized. However, it is worth observing that these criticisms have played an integral role of bringing to birth, judicial independence which is also is more robust. The constitution guarantees protection to federal judges whether they make unpopular rulings that are also illegal or not. Even though criticisms against judicial activism may be seen as a potential threat to judicial independence, Article III of the ruling constitution indicates clearly that based on their “good behavior” they are guaranteed positions in their offices for as long as they live (Pothier, 2010). Basically, their authority is absolute in whatever decisions they make. In addition, certain important individuals have set up a framework that protects and offer independence to the judiciary system from impartial undermining of decisions made by people, politicians and the government. In fact, the law permits impartial administration of justice and interpretation of laws for purposes of preservation of character, property and life of every individual (Yung, 2011). In this sense, the 4^th Amendment can be used by judges to protect citizens from unreasonable harassments which are seemingly allowed by USA patriotic Act allows. It is important to underscore the fact that while USA Patriotic Act may be presenting itself as the best method for combating terrorism, it infringes on individual rights that have been protected by the 4^th Amendment.

Judicial activism is important in guarding individual’s rights, the constitution and minority parties in the community from gross oppressions and innovations from the government that spell danger to certain individuals. An example is the US Patriotic Act, which allows search of financial and medical records, communications, e-mail, telephone conversations and so on of foreign individuals. As a matter of fact, it infringes on the privacy of individuals and depicts them as potential criminals (Pothier, 2010). Ideally, I agree with the 4^th Amendment that restricts such capitalist practices by allowing searches to be done through a court order supplied with enough information. Impartial decisions made by the activist judges to protect the rights of individuals from the influence of conjectures of USA Patriotic Act, which are ill motivated, puts as a prerequisite the independence of judges.

Arguments against judicial activism

To start with, even though it is a requisite for judges to be independent in order to protect minority parties and individuals from oppressions and government innovations, judicial activism by all means need to be criticized and abolished. Even though there is an inescapable tension between USA Patriotic Act and the 4^th Amendment, judicial restraint must be exercised by the federal judges (Yung, 2011). During decision making, federal judges should be guided by principles surrounding judicial restraint so that factors that are extraneous don’t influence them (Pothier, 2010). They should be able to draw a line between what is legally sound and what is popular. In this sense, whatever decisions they make must be relevant and sound. They should not be irrelevant, ill-motivated and bent towards public approbation. The law itself provides solutions that are fair and just and therefore, personal views, views from an au corant moral philosopher, personal opinions, preferences and policies should neither be a basis nor source of consultation for any judge making decisions when construing a statute or the constitution (Yung, 2011).

Judicial restraint is important since it ensures that judicial powers don’t exceed their scope. When set free, judicial activism plays a role of retaliation through unpopular ways of applying the law. Federal judges use their own preferred policies to make judgments and twist the law in favor of certain people. Consequently, they lose their accountability and their jurisdiction is stripped from them. For instance, in 2005, Marriage Protection Act was created to bar the federal court from looking into the controversial issue of the same-sex marriage and its constitutionality (Pothier, 2010). Again, another Act referred to as Detainee Treatment Act of 2006 stripped federal courts of jurisdiction due to the perception the public had over it of judicial activism.

Conclusions

To sum up, it is true that federal courts survive under great pressure from external forces that influence decisions in cases they handle. Even though American judges still preserve their integrity in their bid to make good judgments, it is worth noting how negative effects springing from criticisms coming from the elite influence their decisions. Solving this problem requires proper strategies and measures to take away fear that federal judges have of the appointing authority, public pressure, political influence and the senate. The judges should be independent if they are to be impartial in their rulings.

References

Pothier, D. (2010). Power Without Law: The supreme court of Canada, the marshal decisions, and the failure of judicial activism. Dalhousie Law Journal, 33(1), 189- 197.

Yung, C. (2011). Flexing judicial muscle: an empirical study of judicial activism in the federal courts. Northwestern University Law Review, 105(1), 1-60.

Introduction

He was born in 1939 in South Dakota’s Pine Ridge Reservation. The eldest son of Hank Means , Theodora (Feather) Means, which stands for a full-blooded Yankton Sioux. Russell is known to abhor what other Americans refer to him as Native American. This is a generic term that is used to refer to the indigenous prisoners of the United States. These are the Micronesians, American Samoans, and the Aleutes, erroneously termed Eskimos (inupiats and Upiks), Hawaiians and the American Indian.

He says he prefers the term American Indian because with it he says he knows the origin. The word Indian comes from two Spanish words, En Dio which when translated means, in with God. In the international conference of Indians from America that was held in 1977 at the United Nations Geneva, Switzerland, Russell stands out with the common agreement that was reached; to go under the term American Indian. He says they were colonized under the term American Indians, enslaved as American Indians and he believes that they will gain their independence under the term American Indian, Annette, J., (1992).

Native Americans in the United States

It’s a term used to refer to the indigenous people from the North America region that is encompassed by the currently continental United States that includes part of Alaska. They are composed of a number of distinct states, tribes and ethnic groups. Many of these still endure as political communities. There is a controversy over the wide range of terms used to describe them. Some of these are known as Indians Amerindians, American Indians, Amerinds, Aboriginal, indigenous or Original Americans. Some of the Native Americans do not come from contiguous U.S. some of them come from insular regions and others from Alaska.

Some of these e.g. Alaskan Native such as Yupik Eskimos, Inupiaq and Aleuts are not always regarded as Native Americans although in the Census 2000 demographics they are listed as “Alaskan Native American Indian” collectively. Although it is not common to use this designation, some Pacific Islander American people and Native Hawaiians are sometimes also referred to as Native American, Snipp, C.M., (1989).

Russell was once described by the L.A times as the “the most famous American Indian since Sitting Bull and Crazy Horse,”. His life has been devoted towards eliminating racism. It was in the 1960s that he fought for the rights of the American Indians under the American Indian Movement (AIM). In 1978, he led “the Longest Walk” that was protesting anti-Indian legislation. He was the first national AIM director that led the 71-day armed takeover of the Wounded Knee battleground.

Of late, he has used Hollywood as a communication tool of peace and equal rights. His records of protest includes two albums of protest music, “Electric Warrior” And “The radical”. He has also contributed in the major films such as “Natural Born Killers,” “The Last of the Mohicans,” “Wind Runner” and “Wagons East”. He was father’s voice in Disney’s “Pocahontas” and also starred in “Under a Killing Moon”. his real life influence of the media and his activism make him to be a renown leader and spokesperson that people from all over the word appreciate and learn from, Sletcher, M., (2005).

His involvement with AIM

After being proclaimed the leader of AIM, he was part of Native Americans group that occupied Alcatraz Island for 19 months. He was one of the leader during AIM’s takeover of Mount Rushmore. He led the occupation, Wounded Knee by AIM in 1973, and in 1972, he had participated in the Bureau of Indian Affairs office takeover by AIM in Washington, D. C.

He first ran for presidency of his native Oglala Sioux tribe in 1974 against Dick Wilson. Although he lost and claimed inefficiency in the election procedures in a federal court which ordered a new election, Wilson’s government declined to carry this one out and the court also refused to enforce the ruling, Annette, J., (1992).

Other involvement in politics

He supported libertarian political causes putting him at a disagreement level with other AIM leaders. He sought the Libertarian Party nomination for presidency which he lost to Congressman Ron Paul although he had attracted a considerable support within the party. He began an independent candidacy for Governor of New Mexico in 2001 which he was not listed because of some procedural problems. He then ran for Oglala Sioux presidency supported by Twila Leebaux but narrowly lost to incumbent John Yellow Bird Steele, Kathryn W., (2004).

In his argument against the use of the word “Native American” in favor of the “American Indian”, he argues that the use of the word Indian in the phrase is from an Italian expression indios, which means “in God” or “as God made them” and not from a confusion with the word India. He also argues that treaties as well as other legal documents write “Indian” on them, and not “Native American.” The Indian people can use the term Indian as a loophole to engage in legal proceedings in a struggle to regain their land.

He announced on December 20, 2007, the withdrawal of Lakota Sioux from all treaties in the United States government. With his delegation of activists, he declared Lakota a sovereign nation that was to enjoy property rights thousands of square miles in South Dakota, Nebraska, North Dakota, Montana and Wyoming. Although their website, Republic of Lakota website asserted that their group held a “traditional treaty councils” meeting in eight communities, they admitted that their delegation did not act for elected tribal governments. In a different briefing, he asserted that his group does represent collaborators whom he termed as tribal government and Vichy Indians set up by United States of America whom he compared to the French leaders of Nazi Germany-Occupied France headquartered at Vichy in France, Kathryn W., (2004).

Means is well known for his struggle of Lakota Secession. During this time he was quoted saying that they were no longer citizens of the United States of America and thus those who lived in the five state area that encompassed “their” country was free to join them. According to him, the new Lakota nation was not to charge taxes and was to issue its own passports and drivers licenses. Within the nation, there were going to be loosely confederated autonomous communities each of them making their own community rules.

In this attempt, he was trying to break the 150 year old treaty with the United States that made the large Lakota Reservation part of U.S. He argues out that as per Article VI of the Unites States constitution, treaties being the supreme law of the land can be renounced if they were worthless. He characterizes the Lakota-United States treaties of 1851 and 1868 as one of the worthless treaties. He argues out that although the treaties were designed in such a manner as to make the Native people sovereign, in practice the treaties are sovereign, Annette, J., (1992).

Conclusion

Russell Means is one of the America’s contemporary prolific and best-known activists for the American Indian rights. He has pursued careers in acting, politics and music. Russell believes that the American Indian stands out to be the only ethnic group within the United States that had the American before the American ethnicity. Russell stands out strong with a believe that he will not allow any government to define who he was.

Reference

Annette, Jaimes M. The State of Native America: Genocide, Colonization, and Resistance By.South End Press Boston. 1992

Snipp, C.M. American Indians: The first of this land. New York: Russell Sage Foundation. 1989.

Sletcher, Michael, ‘North American Indians’, in Will Kaufman and Heidi Macpherson, eds., Britain and the Americas: Culture, Politics, and History, 2 vols., Oxford. 2005.

Kathryn Winona Shanley.The Paradox of Native American Indian Intellectualism and Literature MELUS, Vol. 29. 2004.

The education sector is one of the sectors that has been affected by lack of leadership in many developing countries. Pakistan is one of the developing countries that has been affected by leadership problem in the education sector. Malala Yousafzai is a young girl who has taken the mantle to feel the leadership vacuum in the Pakistan education sector. She has been at the forefront championing for the girl child right to education. Her leadership skills and qualities match with those of brilliant leaders. Malala Yousafzai demonstrates the changing role of women leadership in the world today. No one can argue against the fact that Malala Yousafzai is pulling Pakistan women and other women in the world into leadership judgeship.

Malala Yousafzai was born in Pakistan, in 1997. She started her advocacy of the girl child education at a very tender age. This is confirmed by her maiden activism speech in 2008, in which she condemned the Taliban for taking away her right to education (Mascia par 4). She started blogging on BBC advocating for women’s rights to education. She was nominated for the International Children’s Peace Prize (ICPP) (Petition Encourages Peace Prize for Malala Yousafzai, par 3) for her profound activism in 2011. In addition, she received the Pakistan’s National Youth Peace Prize (PNYPP), in the same year. The Taliban issued death threats against her on many occasions because of her campaigns for gender equality in the education. For instance, in 2012, an unknown assailant attempted to assassinate her on her way from school (Yousafzai and Lamb).

There are several types of theories that can be used to describe the qualities of Malala Yousafzai. The first one is the ‘great man’ theory, which describes a leader as a person who is born to lead, but not made to lead. In reference to this theory, Malala’s leadership skills and knowledge can be considered as natural. As a young girl, she is courageous and does not get scared of anything in her quest for equality in the education sector. Her authority as a girl child rights crusader has influenced the Pakistan government to take radical measures to address her concerns. Moreover, her continued critique of the Taliban portrays her as a lady who goes against the odds to reaffirm her agendas. These are the characteristics of a born leader as opposed to the mentored leader.

The trait theory that describes Malala Yousafzai as a modern leader is the situational theory. This theory postulates that leaders are able to come with the best solutions to the problems affecting the society. Malala emerged as a leader, during a period when her people, especially women, faced many problems in their societies. She came on the scene to address the girls on their right to fight for education. In addition, Malala demonstrated leadership by her own example. This is confirmed by the foundation of the Malala fund, which helped her finance the education of many people across the world. She also helped in eradicating poverty and ignorance. Moreover, contingency theories explain on leadership styles as related to the immediate environment. In this theory, leadership styles are not good in all situations. Relating this to Malala, she was able to relate her environment with the problems she and other women faced. This girl/woman then came up with good solutions to those problems. For example, she responded to the Taliban threat to girl education in Pakistan by giving a public talk to help in enlightening the public.

Behavioral theories link to the notion that great leaders are always born and not made (Nohria and Khurana 59). It primarily focuses on the actions of leaders, and not necessarily on their mental abilities. Malala is among the people, whose actions are associated with leadership. She majorly wrote on the threat of girl education. She was voted the best blogger of the year. She also got nominated for the award by the Nobel Peace Prize. All these affirm that despite being a woman, Malala has the qualities of a good leader.

References

Nohria, Nitin, and Rakesh Khurana. Handbook of Leadership Theory and Practice: An Hbs Centennial Colloquium on Advancing Leadership. Boston, Mass: Harvard Business Press, 2010. Print.

Mascia, Kristen, et al. “Malala Yousafzai Girl of Courage.” People 78.18 (2012): 52-53. Academic Search Premier. Web.

“Petition Encourages Peace Prize For Malala Yousafzai.” Herizons 26.3 (2013): 6. Academic Search Premier. Web.

Yousafzai, Malala, and Christina Lamb. I Am Malala: The Girl Who Stood Up for Education and Was Shot by the Taliban. London: Weidenfeld & Nicolson, 2013. Print.

The image that comes to mind associated with the name of Louis Armstrong is probably a collective one of a jazz musician. A black man with a trumpet personifies not purely the genre, but the entire culture, the epoch in music as well as art in general. Regarding Armstrong personally, he is rightfully considered to have been among the most outstanding and at the same time contradictory figures in jazz. His inimitable technique gave new opportunities for this type of music and favored its development.

However, it would be wrong to limit Louis Armstrong’s revolutionism to musical performance. Actually, jazz as such appeared as a form of a protest against social disparity, most notably, race-based prejudice. The jazz king challenged the archaic values of contemporary American society by his work, which auspicated the campaign for destigmatizing the black and protecting their rights. Concurrently, Armstrong himself was not immune to racial issues, whose sensitivity grew together with his popularity.

A Silent Revolutionary

At first sight, the biography of “the Father of Jazz” describes him as completely indifferent to any social tensions. Furthermore, he was frequently criticized for his unwillingness to participate in civil right activism but normally replied, “I don’t get involved in politics. I just blow my horn” (Antos, 2010). He actually never took part in any public performances concerning race relations in the USA and only started discussing those publicly by the end of his life.

However, the lack of direct action did not prohibit Armstrong from influencing the public moods as long as heavy activity is not the only way to do that. Playing also for white audiences, he had a chance to transmit certain messages in a less straightforward way. Reiff with reliance upon Scott’s theory refers to a phenomenon of that kind as a “hidden transcript” versus a public one (2010). The point is that information is not necessarily verbal because a particular occasion, manner, or even motion can sometimes tell more.

Before everything else, African Americans were widely believed to be not as intellectual or civilized as the white, meanwhile, Armstrong was literally a living counterargument. He was recognized as an equal one at least in terms of talent and performance, and his reputation grew by lapse of time (Reiff, 2010). Such a success did not only benefit him personally but had the potential to paint all black population in a better light.

Armstrong’s rendition of the famous song under the title “Black and Blue” is especially worth noting as an example of a hidden transcript. In fact, it is only partly hidden in this case as his variant of the lyrics describes quite clearly the routines of an average African American of that period. “Cold empty bed, springs hard as lead […] even the mouse ran from my house” – these lines depict the extreme poverty the musician himself experienced in his childhood (Armstrong, 2001). Regarding the attitude of the society, it is obvious from the following words: “They laugh at you, and scorn you too […] Ain’t got a friend / My only sin is in my skin” (Armstrong, 2001). By means of this work, the author attracted the attention of his white admirers to the problems of the black.

“Uncle Tom”

Although the white recognized Louis Armstrong among the best trumpet players, racial bias followed him. Other African Americans, including the members of the jazz community, accused him of being an “Uncle Tom,” which metaphorical term stands for excessively subservient behavior (Riccardi, 2020). The reason was that, apart from singing for the white, he tried to please them. “I’m white – inside” – he sang in the above-mentioned song, seemingly recognizing himself and, consequently, all non-white population as second-rate (Armstrong, 2001). Not solely this song, but the overall behavior and outwardly indifferent position of Armstrong discouraged his mates from favoring him.

Although not everyone was able to see Armstrong’s hidden transcript, it was probably his major motivation. He had to be under white administration to simply acquire a chance to be heard because owners of most record companies, concert halls, and theaters would never negotiate with a black (Reiff, 2010). He continued performing in front of white audiences and put maximum effort to appeal to them in order to change, even if slightly, their opinion on African Americans. He called himself white inside to show how absurd the idea of race-related superiority sounded and how powerful it still was, making people reject their identities they had even not chosen.

To summarize, Louis Armstrong’s poor participation in public civil right activism does not mean a lack of interest. Having lived in poverty and having been ridiculed, similarly to most African Americans in the first half of the 20^th century, he could not avoid the struggle. However, he preferred a so-called hidden transcript to vigorous activity. He had an impact on the white population by charming them with his talent, which allowed a transmit of necessary messages in a less direct way. As he continued signing for white audiences, he contributed to the gradual shift of the public opinion and focus.

References

Antos, J. D. (2010). Louis Armstrong broke silence on civil rights in 1957. Web.

Armstrong, L. (2001). Black and Blue [Song]. On Jazz & Blues: 36 Outstanding Tracks [Album]. Web.

Reiff, M. (2010). Unexpected activism: A study of Louis Armstrong and Charles Mingus as activists using James Scott’s theory of public versus hidden transcripts. Summer Research. Web.

Riccardi, R. (2020). “I’m still Louis Armstrong-colored”: Louis Armstrong and the civil rights era. Web.