Category: Family

World Literature abounds with examples of women who questioned and rebelled against traditional values and powers far prior before the fight for womens independence started. Among these House of the Spirits by Isabel Allende and Antigone by Sophocles deserve special attention for they do not directly point out at fighting for womens rights but depict women who stood up against traditional values and displayed their courage and fortitude. Some readers keep to the point that powerful images of Clara (House of the Spirits) and Antigone cannot serve as an example of womens fighting for their rights, whereas other state that these women succeeded in sustaining their family concepts, at this questioning and rebelling against traditional values and power. It is necessary to consider the House of the Spirits by Isabel Allende and Antigone by Sophocles in more details in order to find out what exactly these women were defending, which traditional values and powers they questioned and rebelled, and what the results of their non-typical for women behavior were.

What should be mentioned above all is that in both of the works women ventured to question traditional values because they were defending certain family concepts. The protagonist of the House of the Spirits, Clara, was a woman with a special gift and strong family values: Clara lived in a universe of her own invention, protected from lifes inclement weather, where the prosaic truth of material objects mingled with the tumultuous reality of dreams and the laws of physics and logic did not apply (Allende 92). Clara married Estiban who before this marriage was in love with her sister, Rosa. At the beginning of the story Rosa dies tragically and Estiban marries Clara some time later. When their daughter, Blanca, becomes older she starts dating a young man, which her father opposes since in those times women were allowed to have relationship with men only after the marriage. Esteban gets furious after finding out about his daughters love affair and whips her; Clara interferes with the argument and her husband slaps her. Resenting such a treatment she decides never to talk to him again and leaves him taking Blanca with her. Such a behavior was not typical for Spanish women of those times who were family-oriented and submitted to their husbands in all the matters. Standing up for her family concepts, namely not allowing her husband to whip their daughter, she displayed courage and fortitude characteristic for modern women rather than for women of the nineteenth century who, once having got married, were not able to live by their own because they depended on their husbands financially. Moreover, standing up for family issues may be observed in Claras and other women of the family trying to preserve the bonds between mother and daughter irrespective of the oppression on the part of men. This is also revealed through Claras leaving Estiban. She opted to choose her daughter rather than her husband which means that this bond between mother and daughter was of more significance to her. One more example of demonstrating womens care about their family can be found at the beginning of the story when Nivea del Valle cut down the tree which was extremely tall and grew beside her house. This reflects Niveas sustaining of family concepts since her primary care was about her son. The tree was cut before her oldest son was born for she wanted to prevent him from getting hurt because some of the boys got injured after falling from that tree.

Antigone, in her turn, rebelled against a man for family values of a slightly different character. Athenian women of the times when the play was written (5^th century BC) were treated only slightly better than slaves. They were not allowed to go outside in most of the cases and were completely uneducated. This being the reason, a woman who objected to the mans will or, which is even more terrible, dared to contradict his orders, deserved the strictest punishment of all. However, Antigone stood up against Creon, the ruler of Thebes, for family reasons rather than trying to display her strong character and independence. Her brother, Polynices, died in fight for the throne with Eteocles. Creon declared the former a traitor and forbid to bury his body. In ancient Greece people firmly believed that the soul of an unburied body will never find peace this is why burying a persons body was obligatory. Antigone dared not to obey to Creons orders and buried her brothers body. Thus, Antigone broke traditional values of Greek women showing her loyalty to family concepts: But I will go and heap a burial mound / Over my most dear brother (Sophocles 4). However, her sister, Ismene, can serve as a perfect example of a Greek woman of the fifth century BC. She tries to dissuade her sister from her plan: Do but consider how most miserably / We too shall perish, if despite of law/ We traverse the behest or power of kings. / We must remember we are women born, / Unapt to cope with men (Sophocles 3). These lines confirm that Greek women used to appease with their fate and took their being women born for granted without even daring to stand up for their rights.

And finally, discussing the results of Claras and Antigones sustaining their family values by rebelling against men, it should be mentioned that the outcome for Antigone was far more tragic than for Clara. The latter managed to more or less succeed in her life. After moving to her native city, she lived her life with her daughter almost without any difficulties. This shows that women of those times could indeed live without mens financial or any other kind of support and were simply obeying to them because the society demanded them to act in this way. Meeting Estiban some years later, she kept to her promise and never spoke to him; she was communicating with him by means of signs. She died but later appeared as a ghost to her granddaughter, Alba, encouraging her when she was in despair. Antigone paid another price for her disobedience. Creon locked Antigone in a cave for some time but when he decided to free her, it was already too late; she killed herself before Haemon, a man who loved her and wanted to marry her, found her in the cave. Even facing her death, Antigone remained true to her principles and displayed courage uncharacteristic for women: Suffer me / And my unwisdom to endure the weight /Of what is threatened. I shall meet with nothing / More grievous, at the worst, than death, with honour (Sophocles 4). Here it should be noted that Antigone knew about such an outcome even before she dared to disobey Creons orders but her loyalty to her brother was stronger than her fear to die, and out of her pride she chose to kill herself which can be regarded as her desire to free herself from the blind submission to men.

Taking into consideration everything mentioned above, it can be concluded that it was far earlier than at the beginning of the twentieth century that women realized their powers and understood that they could rebel against traditional values. The images of Clara from House of the Spirits and Antigone from Sophocles play testify to the fact that World Literature can provide the examples of women who were independent though in their times they paid a high price for this. They questioned and rebelled against such traditional values as womens obedience to men and their husbands in particular and womens inability to be strong both morally and physically, but displaying their fortitude they never forgot about family concepts which were more precious for them than anything else. In fact, these family concepts served as a motive power for their displaying independence and strength of mind because both, Antigone who remained loyal to her brother and Clara who wanted to protect her daughter, contradicted to men and ventured to the actions which were not typical for them only for family reasons. Though the results of their disobedience were regrettable, it can be stated that if either of this women were given a chance to live her life through once again, she would have, without any doubt, chosen the same way.

Works Cited

Allende, I. The House of the Spirits (Everymans Library Classics & Contemporary Classics). New York: Random House Inc., 1985.

Sophocles. Antigone: unabridged. Courier Dover Publications, 1993.

Upon Sinclairs book The Jungle is as a powerful piece of literature. It dwells on the lives of Northern Europe immigrants who moved to Chicago in search of greener pastures. Specifically, the novel is based on daily life experiences by Jurgus Rudkus and his family. The author paints a dark picture of exploitation, poverty, and corruption on the lives of these immigrants in Chicago.

Thus, this reflective treatise attempts to explicitly analyze the reasons why Jurgis and his family initially had optimism of better position in Chicago meat packing district. Besides, the paper attempts to address efforts taken by Jurgis and his family to achieve economic stability in Chicago. In addition, the treatise discusses factors which directly contributed to the destruction of the familys economic gains.

In chapter one, Jurgis and his family are living in poverty and are prisoners of economic hardship. As expected, weeding ceremonies are meant to bring joy and happiness to a family. However, cost of a weeding is the key determinant of its success. Most young men are described as stingy including Jurgis.

They are surrounded by anguish, sorrow, emotional overwrought and fearful mental strain as a result of poverty¹. The nights are described as their only source of pleasure since the following day is marked by hard labor. The struggle is impractical to maintain humanity amidst dehumanization.

From the stories of friends who had made it in Chicago, Jurgis optimism rejuvenates. He epitomizes internal strength and an indomitable spirit to work hard and liberate his family economically. Jurgis physical strength and peasant mind drives him to move to Chicago with the hope of better opportunities for him and his family².

Fortunately, once in America, Jurgis gets employment in the meatpacking without much struggle and he is able to fend for the family comfortably. Therefore, Jurgis was overjoyed by the prospects of getting a reliable job and he is convinced of making a descent living. In fact, they were able buy a small and rickety house with their little earnings. The optimism was as a result of enthusiasm and strong possibility of living the American dream.

Notwithstanding the poverty back in Northern Europe, Jurgus and his family did several things overcome absolute penury and liberate themselves economically. To begin with, they migrated from Northern Europe to escape poverty and move to America following stories of success from a fellow villager called Jokubus.

The family makes a journey of faith in search of greener pasture instead of staying and acceptinh poverty as a fate in Europe. Once in America, Jurgis makes contact with the established and rich Jokubus and he is directed to the local stock pack house in Chicago². Jurgis finds a stable job in the meat house within hours. Jurgis is overjoyed and inspired by the success of his fellow village mate Jokubus, who is a very successful delicatessen owner.

In spite of the fact that Jurgis got a job within moments due to his strong physique, other members of the family endeavor to graciously accept job positions offered indiscriminately notwithstanding the unfriendly and inhuman stipulations surrounding work conditions³. At the end of the day, each member of the family would earn some income. Due to constant and reliable flow of little income, the family makes a bold step to locate an affordable house and purchase the same.

Owning a house is a major stride towards achieving the American dream that was deep in the heart of Jargis. Each member of this family endeavored to achieve the dream of owning a house by pulling resources together to purchase one.

Notwithstanding the tricks played by fraudsters during the process of purchasing the house, members of this family graciously continue to pay the exorbitant rates in form of insurance fees³. Besides the high insurance fees, the family has to squeeze their budget further to accommodate high monthly mortgage charges until the house fully becomes theirs.

To maintain income flow, Sinclair describes the inhuman and horrendous conditions of each member of the family have to endure. From the nature of disease affecting a laborer, it was easy for Jurgis to tell the occupation and section of employment of the victim.³ Despite this, Jurgis continues to work under these pathetic conditions in order to fend for the family and keep the American dream in progress. As a matter of fact, Jurgis even loses his father to an illness associated with his place of work at the cellar as described in chapter 14³.

After losing his job position to a younger and stronger man, Jurgis is disillusioned to the lowest ranked fertilizing plant job with even more worse working conditions. The same happens to other family members who regardless of the unbearable conditions, continue to provide labor in the market. In summary, the family believed in provision of labor through employment as means for economic liberation. In spite of earning peanuts as income, they managed to own a house and endure the inhuman work conditions.

Factors which were responsible for destruction of the hard won economic gains in the Jurgis family are fraud, selfishness, underemployment, diseases, and paltry payment against excessive work. The family managed to buy a house and only realized later that the whole process of changing ownership was a fraud. The family was tricked by the selfish sellers to buy an old house repainted as new. Besides, the family had to cope up with unrealistic insurance charges because the house was located over a land fill.

In addition, the mortgage charges per month were not directly proportional to the quality and estate value of their small and rickety house⁴. They are described as exorbitant and carry along erroneous rates with them. The family merely struggles to offset these bills besides buying second hand goods at unreasonable price. Reportedly, prices of food stuff are beyond their means and they are forced to stretch this small budget further and neglect most of their basic needs.

Notwithstanding the fact that members of this family had unreliable jobs, a part from Jurgis, they had to squeeze the budget further to accommodate treatment which was not catered for by their employers though these illnesses were associated with place of work. Diseases played a big role towards the dwindling rates of the familys income. After Ona gave birth to a son; named after the late Jurgis father, she is forced to resume work only a week after delivery⁴.

The winter weather becomes unbearable to her and she fades away from productive life. Moreover, Jurgis lost his father to illness. This translated to loss of income from his fathers contribution to the family. Besides, Onas income contribution also faded off when she lost her ability to engage in productive labor and she is forced to engage in prostitution.

As described in chapter 10, Sinclair states that, Here was a population, low-class and mostly foreign, hanging always on the verge of starvation, and dependent for its opportunities of life upon the whim of men every bit as brutal and unscrupulous as the old-time slave drivers⁵. Unfortunately, Jurgis income was also cut during the three month period out of labor market as a result of illness and depression.

Regardless of having tried to hide pain originating from the fracture on his leg, the doctor recommended him to stay out of productive employment for three months to recover. These three months formed the worst part of financial meltdown in the family as Jurgis lacked income for the same period.

Upon recovery, he is demoted to a lower income earning job in the fertilizing plant since his position had been taken by a man described as younger and stronger. Unfortunately, Jargis failed to pull himself back to productive employment and he was wasted away by depression, prison life, and alcoholism. Out of ignorance, the family completely lost its control of financial arms since none belonged to the workers union.

Bibliography

Sinclair, Upton. The Jungle. Chicago and Princeton: New Jersey, 1906.

Footnotes

¹ Upton Sinclair, The Jungle, (Chicago and Princeton: New Jersey, 1906), chapter 1-20.

² Upton Sinclair, The Jungle, (Chicago and Princeton: New Jersey, 1906), chapter 1-20.

³ Upton Sinclair, The Jungle, (Chicago and Princeton: New Jersey, 1906), chapter 1-20.

⁴ Upton Sinclair, The Jungle, (Chicago and Princeton: New Jersey, 1906), chapter 1-20.

⁵ Upton Sinclair, The Jungle, (Chicago and Princeton: New Jersey, 1906), chapter 1-20.

A lot of literature on the contributions of armed forces to the security of nations has been written but there are very few books penned that concentrate on the crucial role played by military families in providing the bedrock of stability for the men and women in arms. The Military Family: A Practice Guide for Human Service Providers by James A Martin, Leora N Rosen, and Linnete R Sparacino is one such unique work where the authors have put together a comprehensive collection of research articles focused on military families of the United States which this book review strives to objectively examine.

The book encapsulates the complexities and challenges faced by military families in an era where military families in the United States have become multicultural, diverse, and now consist largely of dual-income where both the husband and wife are working either in the military or outside. The strain of a long-distance marriage, separation, absentee parent and its effects on the siblings is examined in great detail as also the remarkable resilience of military families to cope with such difficult challenges. The book chronicles the militarys efforts to deal with the social challenges and how the operational dynamics have forced the military to outsource and privatize many of the family support functions to civilian service providers who increasingly would assume a greater role in providing the formal support system for the military. The book, therefore, provides civilian service providers unfamiliar with the complexities of military lives, ethos and dynamics, a reference to firstly understand the population set that they are dealing with, and secondly, to formulate the correct policies and responses so that the formal support system can adequately deliver the service that it is designed for. The authors demonstrate their intent when they state that this book is intended to encourage civilian providers to involve themselves in the provision of services to military members and military families and to proactively engage the military community in this process (Martin, Rosen, & Linette, 2000, p. xvi).

The book is holistically arranged in three parts with Part I dealing with the cultures and conditions of military life, Part II, the unique aspects of military life and part III focusing on family advocacy issues. The authors point to the long tour of duties involving separation from families, poor pay, and inherent danger to life as markers that distinguishes military career from civilian careers. The authors observe that the U.S. armed forces shifted to an all-volunteer force in 1973 and this shift brought in far reaching changes in the social structure of the force. Before 1973, the force was more diverse, consisted of lesser married people but after 1973 that changed to a more defined social structure where a larger percentage of the force was married. In 1973 51 % of the force was married that increased to 58% by 1997 (Martin, Rosen, & Linette, p. 6). Pre 1973, the US armed forces only recognized families of career officers but after 1973, families of first time junior enlisted soldiers also came to be officially recognized as part of the organization that faced equal challenges and privations as the earlier more privileged lot. The civilian provider learns how military leaders cope with the overriding concept of service before self and how that requires to be balanced by equally real human issues of husband-wife-sibling relationship. The introductory chapter makes it clear that the growing need to rationalize the operational and the personal parts of military lives will increasingly require the help of professional civilian service providers as the armed forces are too busy fighting global wars and challenges to be able to spare precious manpower for such a task (Martin, Rosen, & Linette, 2000, p. 20).

The issue of force composition is outlined to point out that almost 50% of the U.S. armed forces strength now comprises of the National Guard and the Reservists. Both the National Guard and the Reservists (also called as Citizen-soldiers) have families who need to be cared for as both the organization are crucially required for domestic emergencies, defense of Homeland and can be called upon to be deployed anywhere in the world (Martin, Rosen, & Linette, p. 26). Though this book was written in 2000, the importance today has only increased post 9/11 terrorist attacks where both the National Guard and the Reservists now play an important role in keeping America safe. While the national Guards and the Reservists form half the total force strength of the U.S. armed forces, they do not receive the same family support benefits as the active duty force does, though this segment is increasingly being deployed under the same conditions as the active duty force. The challenge for the formal family support system is to rationalize the real needs of these citizen soldiers within the fiscal and infrastructural resources alleviating the negative social fallout of imbalance.

The young enlisted families are particularly vulnerable segment of the military family as their total incomes are wholly inadequate to cater to the educational needs of their children while the operational requirements of service strains every aspect of human relationships ranging from personal psychological balance, separation, having to split financial resources, broken relationships, psychological toll on the children due to absentee parent and such other difficulties. A large number of junior enlisted service members are single parents (Martin, Rosen, & Linette, p. 45). Imagine how would such members look after their children and proceed on extended deployments to warzones such as Iraq and Afghanistan if there was no formal support system? Do the members depend upon their parents or relatives to do the needful that may lead to greater complications or does the system take this responsibility. These are the intricacies that a civilian service provider must hoist when deciding upon an action plan. Providing financial management assistance to better handle their meager resources (Martin, Rosen, & Linette, p. 46) is one such arena which the authors suggest the service providers must look at.

The book provides an insight into the stressors perceived by families arrived at by the authors through analysis of a survey of five army family surveys conducted during the 1980s and the 1990s (Martin, Rosen, & Linette, p. 55). The data set analyzed primarily consisted of male military husband and a civilian wife.

Role senior military officers wives played in providing psychological support and at times material support to the families of junior officers, non-commissioned officers and enlisted junior service personnel is explained to bring out the difference in todays changed circumstances. In olden times, these wives played a significant role and did shoulder responsibilities such as running discussion forums, vocational training centers and arrange social gatherings. However, in the changed circumstances of the modern world, where most senior officers wives themselves are full time professionals, they are now less willing to devote time to the needs of the junior officers and NCOs families and now senior NCOs wives are stepping into the shoes of the senior officers wives (Martin, Rosen, & Linette, p. 83). To help military families better cope with the financial responsibilities, the formal support system has to find ways and means to employ the spouses of military personnel. This is extremely challenging task as military personnel relocate frequently and most corporate or firms demand stability from their employees and are not willing to take such a transient population into their work force. So most military spouses resign to the fact that their careers will become secondary in comparison to their military husbands and this becomes exceptionally difficult when the military spouse is a woman as it reverses the traditional man-woman relation. Truncated careers mean that most military spouses tend to take up jobs such as part time teachers in primary schools and less paying vocational jobs. When military personnel retire they face a new set of social challenges as well as monetary challenges. The authors point out that it is only on retirement that families really come in contact with the civilian world and now have to adjust to the changed social reality. Despite a pension for those who serve twenty years, many service personnel take up a second career. Pensions and retirement benefits which were better in yesteryear have now diminished with service personnel having to contribute greater amounts of money to avail the same pensioners benefits that they did previously.

The stressors that exist during peacetime get exacerbated during wartime and some very real and special anxieties build up in the lives of military families as was documented during a survey of army families carried out during the Gulf War. Other than the emotional stress of not being able to communicate with their husbands deployed, other problems such as limited powers of attorney given by banks made it difficult for the wives to handle financial matters when conditions changed. This happened because most spouses had limited exposure to handling financial matters when their husbands were around. Also, some families complained that local businesses took advantage of the fact that the husbands were away and charged them higher rates for certain services for example car repair (Martin, Rosen, & Linette, pp. 124-126). During the time husbands were away on deployment, families try to adjust to the missing parent and many succeed. However, many did not. The uncertainty, loneliness and separation often became the reasons for infidelity and affairs (Martin, Rosen, & Linette, p. 157) leading to messy divorce proceedings at a later date. Because of the separations, uncertain living conditions, emotional stress and suspicions that build up due to living separately, spousal abuse in the military has been reportedly higher than that is found in the civilian world (Martin, Rosen, & Linette, p. 170).

The book also looks into the conditions of adolescents in military families and find that their physical and mental health were comparable to those found in the general public and that the additional stress of military life did not significantly impact their overall growth (Martin, Rosen, & Linette, p. 225). Chapter 17 gives the civilian service provider an overview of what the future challenges are likely to be faced by the U.S. armed forces and how the service providers would have to factor these changed circumstances when deciding upon the right course of action with regards to formal support systems. The chapter has rightly pointed out that though the Cold War had ended, the deployment of U.S. armed forces in peace keeping, peace building missions and war on terror will increase exponentially and that will create additional strain on military families who will have to cope up with longer periods of absenteeism of parents. Economists have categorized the entitlement of junior enlisted personnel to be the low income category (Martin, Rosen, & Linette, p. 261) and that is not likely to change making it all the more challenging for the civilian service providers to formulate support systems that is affordable. The demise of Officers club, NCOs club, subsidized recreation centers to privately run firms mean that such benefits will reduce adding more financial strain on the families. Dependency on the state will be discouraged and there will be greater integration of civilian enterprise and military support systems using the best of the wired technology to reduce costs.

While the book adequately provides a newcomer service provider, the basic knowledge towards understanding the complexities faced by military families, the studies draw insights from primarily U.S. Army surveys and may not represent the conditions faced by the US Air Force or the U.S. Navy families whose service conditions differ significantly. The book is informative but offers no prescriptive advice to a civilian service provider except some generalizations, which are short on specifics. For example, the book says that subsidies and subsidized services to the armed forces will reduce but does not provide any suggestions as to how the service provider can make good the shortfall.

In conclusion, it can be reiterated that the book delivers on its promise of being a comprehensive guide for civilian service providers who are unaware about the complexities of life faced by military families and who would be increasingly be called upon to take charge of the formal family support system and thus is recommended as compulsory reading for all civilian service providers.

References

The Military Family: A Practice Guide for Human Service Providers by James A Martin, Leora N Rosen and Linnete R Sparacino, Westport: Praeger Publishers, 2000, 282 pages, ISBN 0275965406, 9780275965402, Nonfiction, Social Sciences

One of the major themes debated in Sophocles Antigone is whether her familial ties and obligations drive Antigones actions. Namely, scholars have argued whether Antigone sacrificed her life to bury her brother, Polyneices, due to her commitment to family obligation and filial love for her brother. Antigones conflict with her sister, Ismene, her uncle, Creon, and her willingness to die supports the argument that family ties and obligations are the driving force for Antigones actions.

Antigone has a dispute with her uncle, Creon, who ordered that Polyneices should not be buried since he betrayed his country in the war. Enraged by such a decision, Antigone insists that she will bury her brother. She states, I will bury him. Its a beautiful thing, to die in this act. With him I will rest, beloved with beloved& (Sophocles 70). Antigone also clashes with her sister, Ismene, because the latter does not support Antigone in her decision to bury their brother. Antigone says that Ismene is just making up an excuse that women are weak (Sophocles 80). It is evident from Antigones willingness to sacrifice her life that she is driven by the familial tie, namely, her profound love for her brother. Some scholars have argued that she was caused by the divine law rather than filial love (Tutu 75). However, if she was driven merely by the divine law, it is hardly imaginable that she would sacrifice herself for a stranger (Tutu 75). Thus, Antigones action is driven by a deep love for her family member, namely, her brother.

One might contend that some of her words contradict the above statement that family relationships drive her. For instance, she says, Never, I tell you, if I had been the mother of children, or if my husband died, exposed and rotting, Id never have taken this ordeal upon myself, never defied our peoples will (Sophocles 905). These words might imply that family loyalty is not the driving force behind her action. However, one should note that she was seconds away from dying while saying these words; hence, she knew that she would never have her children, allowing her to state such a bold yet contradictory statement. Thus, family loyalty remains the driving motive behind her action to sacrifice her life to bury her brother.

Works Cited

Sophocles. Antigone. The Center for Hellenic Studies. Harvard University, Translated by Ben Roy et al., Web.

Tutu, Iona. The Motivation of Antigone. McGill University. 2009. Web.

Introduction

Lady Anne Cliffords lineage had a profound influence on her life course. She was the only child of Countess Margaret Russell and George Clifford. Annes father was the Earl of Cumberland; the Clifford properties were under his name, and he had the right to bequeath them to whomever he saw fit.

However, when making this decision, he had to follow an entail that kept the family property in the line of the oldest heir. In the year 1605, the Earl passed away and unjustly willed the family estate to his brother and nephew. It was this injustice that strengthened Lady Annes resolve to fight for her rights.

People with the greatest impact

Annes mother had the greatest influence on her life. Shortly after the Earl of Cumberlands death in 1605, Margaret made claims on her daughters behalf for the family estate. This set the pace for what was to follow when Anne grew older. Although the court rejected those pleas in 1606, it soon upturned this decision in 1607 following Margarets work.

She looked up the archival records of the Clifford family and made the case for Annes right to inherit the property. Regardless of the judges decision, Lady Annes uncle was unrelenting in his claim over the estates; he refused to hand them over to Anne. It was Margarets strong resolve that set the pace for what her daughter would eventually take up during her entire life (Williamson 41).

Margaret stood by her daughter when all other parties opposed her. It was her mother who strengthened her resolve to fight the injustice that her father had accorded to her (Clifford 59). This parent emphasized the fact that her husband had broken the entail. She also spoke candidly to her daughter by telling her the realities of the situation, and her chances of success.

At the time, her father had willed the property to his brother and nephew if the earls brother died. Throughout her life, Lady Annes cousin was only a few younger than her.

Further, his father was alive at the time when the lady was contesting the will. It was highly unlikely that she would ever own the lands if she followed her fathers will. Lady Annes mother made these intricacies quite clear to her daughter and supported her throughout the battles.

When Lady Annes mother passed away, Anne was deeply devastated by the death. She felt that the only person who supported her lifes quest was gone. Additionally, she emphasized the great values that her mother had instilled in her.

In fact, Lady Anne asserted that her mothers influence was of much greater importance to her than any nobility or lineage that other people desired. This explains why Anne went through great trouble to arrange for her mothers burial.

Several entries in her diaries reveal the pride that she had in her lineage. She documented even the most trivial deeds demonstrated by her kinsmen. It was her mother who initially informed her about this history.

However, Anne did a lot of personal research regarding this issue, as well. Her mother ignited a passion for Westmorland during her early days. She was her educator and primary source of information regarding their family (Clifford 9). Even during the last portion of her journey, she was still able to instill a sense of pride in the land.

Generally, Lady Annes life was influenced by her parents. In legal terms, she descended from a line of wealthy Cliffords, most of who controlled a series of castles in the kingdom. Her parents decision to marry each other set the stage for what her life would become in the future. Nonetheless, the Lord of Cumberland, Annes father, was an extravagant man whose voyages left his family in profound debt.

It appears that this senior Clifford made the decision to will his brother and nephew prior to his death because of these problems. He felt that his brother was wealthy enough to remove the Clifford properties from debt.

Alternatively, it could be his bias towards female heirs that caused him to overlook his daughter in the will. Whichever the reason, the Earl of Cumberland affected his childs life course by making a life-altering decision during her childhood.

Lady Annes husbands had less impact on her life than did her parents. This partly stems from the nature of the relationship she had with them as well as the fact that they were two in number. Her first husband, Lord Dorset, felt that his wife was a lovable woman, but she lost her sense of reason whenever she focused on the family property (Clifford 33). Dorset cared little for the rich history and heritage of Lady Cliffords family.

He felt that it was troublesome to manage properties as tenants were stubborn and claimants to the properties were relentless. Instead, he felt that his wife ought to reach a compromise that would grant her vast sums of money in exchange for her birthright. It is for this reason that her husband became a negative force in her life.

The Court of Commons held that all the lands that belonged to Lady Annes father were to be given to her uncle and cousin. Her husband tried to persuade her to abide by these rulings. Unlike her mother, who supported her and urged her to fight for her birthright, her husband sided with her foes in this matter (Williamson 12).

He merely wanted a speedy conclusion to the dispute and possibly some monetary rewards. It was only through Lady Annes stubbornness that the Court failed to exert its decision upon her. She refused to sign the award and affirmed that the decision was not binding to her.

On the 1^st of January 1616, Lady Anne met the Archbishop of Canterbury. He tried as much as possible to persuade her to agree to the courts decision. However, the Lady was adamant with regard to the matter. The clergyman came with a series of Lords and noblemen to convince her to sign the award. After much convincing, Lady Anne decided that she would buy more time by seeking counsel from her mother.

She had to do this by the 22^nd of March. At the time, Lord Dorset made it clear that she had to sign the award. He used all manner of tactics to get her to make this decision. For instance, on their way to her mothers location, Westmoreland, her husband got into a bitter argument with her and even abandoned her in the midst of the journey.

During this same period of time, he instructed his servants to leave his wife alone unless she chose to go back to London (Williamson 78). It was only her mothers support that got her through such difficult times. As a result, her first husband did little to impact her life positively. He was a force of regression in her attempt to reclaim her inheritance.

The threats of separation from her husband caused this noblewoman to think twice about her businesses as she wanted to preserve the marriage. Nonetheless, her commitment to the family fortune supplanted loyalty to an unsupportive husband.

Her second husband was just as toxic as the first. However, he had some legal use to her that her first husband did not. While Annes mother had a more personal impact on her daughter, her second husband provided a legal one. Society, at the time, placed disproportionate value on a mans opinion. Consequently, even though Phillip Herbert, the Lord of Pembroke, subjected Anne to profound stress, his opinions protected her.

It was widely acknowledged that Herbert was deeply involved in politics. He believed in the strength of parliament over that of the crown. Conversely, Anne leaned more towards the crown than parliament. It is her husbands inclinations that caused parliament to keep away from her inheritance. Therefore, her second husbands impact on her life was more of a statement than a daily factor.

Conclusion

Almost all the family members in Annes background opposed her right to inherit the family estates. Her father bequeathed it to someone else; her two husbands encouraged her to give it up while her uncle and nephew fought hard to own it. It was her mother who was the only family member that supported her claims.

She initiated the battle in her early days and then nudged Anne on when all others opposed her. Therefore, it was her parent who had the greatest impact upon her.

Works Cited

Clifford, Anne. The diaries of Lady Anne Clifford. London: The History Press, 2003. Print.

Williamson, George. Lady Anne Clifford, her life, letters and work. 2010. Web.

Jhumpa Lahiris work on the Interpreter of Maladies is an excellent piece of work that emphasizes the basic issues that are slowly dominating society today. The author herself struggles with some of these issues, such as identity, as she openly admits in her biography that she can neither identify herself as an American nor as an Indian. Lahiri has a large collection of stories that generally highlight the issues surrounding families today. The way the family setting was viewed in the earlier days has changed with time, and these changes are affecting individuals mostly negatively. The whole concept of family has evolved, and the roles of the various family members are entirely different.

Lahiri identifies Mr. and Mrs. Das barely as parents but rather as people who are not able to communicate properly and discuss occurring problems with each other, which ruins their relationship and family itself. In the story of the Das family, it is clear that the couple communicates with each other through arguing. The Dases are constantly quarreling, and it slowly becomes evident that the children adopt this behavior from their parents. As it was mentioned in the story, it was hard to believe [Mr. and Mrs. Das] were regularly responsible for anything other than themselves (Lahiri 49). This statement was made by the Dases driver, which can be considered a specific technique the author applied to convey the idea. In other words, it was written that Mr. Kapasi did not think that Dases was responsible for anything not to express the drivers view but to describe the state of affairs between the couple as it actually was. Moreover, the children do not seem to listen or even obey their parents, and as if to make the situation worse, the parents are unbothered by their show of disrespect.

Mr. Kapasi, the familys tour guide and driver, also seems to have a crisis of his own. Mr. Kapasis marriage is arranged, and he relentlessly reveals that he and his wife have been estranged for quite some time. He attests this is due to the death of their son. He slowly begins to gain interest in Mrs. Das, a married woman on vacation with her family. At first, they openly communicate and seem to understand each other. Later their communication is halted by the revelation that Mrs. Das had an affair. The children also appear to be in a world of their own when they fail to hide Mr. Kapasis instructions and are attacked by monkeys. Eventually, these small misunderstandings lead to the loss of Mr. Kapasis address and the possibility of a sincere friendship that could spark between him and Mrs. Das.

In the other story about two friends, Laxmi and Miranda, a communication issue appears as well. Laxmi criticizes her cousins husband and his mistress, and on the other hand, Miranda fails to disclose she is also a mistress. Throughout Laxmis story, Miranda is consistently having flashbacks of her affair with Dev, how they met and how he made her feel alive and attractive. Due to a lack of proper communication in her family and the inability to discuss issues with Dev, she became not as important to him as she had hoped. With the help provided by little Rohin, Laxmis cousins son, Miranda, decides to end the affair, and for the first time in the two stories, there can be seen the positive impact of effective communication.

In both stories, the sanctity of the institution of marriage is rocked to its core. Mrs. Das is openly flirting with a married man in front of her husband, who seems unbothered by the whole situation. Mr. Kapasi, on the other hand, expresses interest in a young married woman despite being married. The concept of marriage is explored, and it can be seen those values and vows that marriage is based on are slowly fading away with time. After the death of their seven-year-old son, Mrs. Kapasi blames her husband, and this puts a strain on their relationship (Brada-Williams). She fails to realize and acknowledge the efforts of her husband during their sons ailment. She insists on pushing her husband away and claims his presence only reminds her of her dead son.

At the same time, Mr. Kapasi eventually stops trying to make their relationship with his wife better and starts spending a large percentage of his day focusing on his job. Moreover, it explains why he is instantly attracted to Mina. Mr. and Mrs. Das have failed not only as husband and wife but also as parents, as can be highlighted by their childrens erotic behaviors. They lack a sense of parenting, and one may wonder if it is due to their young age or the fact that they lack parenting guidelines from their parents who live away from them. Their eldest son clearly disregards his fathers instruction and chooses to put the achievement of his own goals as the top priority.

Mr. Das chooses to do nothing about the show of disrespect and lazily instructs his younger son to look after his brother, of which he, too, refuses. This shows just how much Dass parents have no control over their children and show no effort in gaining control. As Brad-Williams (457) puts it: As in A Temporary Matter, small signs of negligence add up to reveal deeper emotional difficulties and detachments. Thus, this similarity between the children and their parents is also a special technique used by the author to demonstrate that peoples actions have long-term consequences, influencing not only their lives but the lives of those who surround them. Dev, on the other hand, seems to love his wife, but he has an affair with Miranda when she is out of town. When she is back in town, instead of ending the affair, he chooses to lie to his wife just so that he can see Miranda. Laxmis cousins husband is no role model either, as he wants a divorce from his wife or is willing to abandon little Rohin, who still needs him.

Works Cited

Brada-Williams, Noelle. Reading Jhumpa Lahiris Interpreter of Maladies as a Short Story Cycle. Melus (2004): 451-464.

Lahiri, Jhumpa. Interpreter of maladies. Houghton Mifflin Harcourt, 2000.

Introduction

There is a cultural belief in most societies around the world that a marriage should be a lifetime commitment. However, the rate of divorce reported in the globe today is alarming. For example, in recent years, the number of divorce cases has risen steadily. There is no doubt that separation has become one of the social problems plaguing the 21^st society. Marriages end in many different ways. Some start with separation, while others end out of the mutual agreement and forced dissolution (Auchmuty, 2016). Each country has laws that regulate marriages and divorce within its jurisdiction. However, the divorce laws and procedures were included later in some of the jurisdictions. Many studies conducted in this field have analyzed the various indicators of marriage and divorce. The trend shows differences in the development and dissolution of family units. Most studies show that the number of marriages per 100 persons has decreased. However, the number of dissolutions continues to rise. In addition, the number of children born to unmarried couples has increased (Auchmuty, 2016).

In this paper, the author discusses the concepts of marriage and divorce laws in three countries around the world. The paper will focus on the United Kingdom, South Africa, and the Kingdom of Saudi Arabia. The relevance of the existing laws and new legislation touching on marriage and divorce in these countries will be reviewed.

Marriage and Divorce Laws and What they Mean to Couples: An Overview

As already in this paper, the number of marriages is on the decline, while that of divorce is on the rise. However, in spite of this reality, the number of civil partnerships is on the rise (Toit, 2015). The partnerships are mainly evidenced among marginalized communities and groups, such as gays and lesbians. Marginalized groups like gays and lesbians have been ignored for a long time. They have remained absent from most legal accounts and recognitions (Burton, 2016). However, with the agitation for human rights and the expansion of legal spaces in contemporary society, these groups are becoming visible. Their visibility extends to the realm of divorce and separations.

In most cases of marriage, dissolution frameworks are used more than divorce proceedings. The legality of these two ways of ending partnerships is becoming acceptable in society today. Divorce processes have various impacts on both parties. The effects include financial and emotional ramifications (Burton, 2016). However, one of the most affected parties in the divorce process is the children. The separation of parents may lead to both mental and physical illnesses.

Companionate marriages are built on a set of ideals. Some of the ideals include fairness during marriage and after divorce. Regardless of this, most marriages in contemporary societies have to deal with social issues that are external to the union. For instance, the requirement for equality in marriage heralded a new era to these unions. Traditional family ties have been replaced with civil partnerships. Marriages in traditional set-ups were regarded as family units that should last a lifetime (Auchmuty, 2016). However, things have changed and marriage is one of the social elements that have assumed new dimensions. Today, divorce has become more common than marriage itself. Embracing civil partnerships is another thing that has changed the traditional marriage set-up.

Arrangements are usually made prior to marriages on how the dissolution of such partnerships will take place. The separation is required to follow a scheduled pattern of fairness and harmony (Paechter, 2013). The arrangements are pegged on a sober approach to divorce, especially with regards to the division of property and other assets. Laws are put in place to ensure the divorce settlements are carried out objectively and in a fair manner. Different countries have their own laws. The laws depend on the types of marriage existing in such jurisdictions. As such, it is noted that marriage and divorce laws are not universal. On the contrary, they vary from one region to the other.

Specific Marriage and Divorce Laws: Case Studies of the United Kingdom, South Africa, and the Kingdom of Saudi Arabia

Universal laws exist to provide equal protection to citizens in all aspects of their life. However, the definition and specification of marriage and divorce laws tend to lean more on the uniqueness of individual countries. The reason behind this is that people have different cultures. The cultures dictate the laws in those specific countries (Burton, 2016). The legislation governing marriage and divorce include traditional systems, customary laws, contemporary values, and national regulations. Marriage and divorce are treated differently in each case. For instance, Islam, Arab, and traditional African societies have their own way of entering into marriage. They also have rules and regulations governing the dissolution of the union. The case is different for western countries, such as the US and the UK.

Divorce and Marriage Laws in the United Kingdom

Paechter (2013) argues that there are many ways in which English and Welsh divorce laws are similar. One of them is the concept of fairness in addressing marriage dissolution issues. Like in many other countries, marriage in Britain is regarded as the foundation of the family unit. However, the country has reported a rise in the number of divorce cases and separations. Statistics show that 2.1 million marriages took place in 2011. At the same time, 986,000 divorce cases were reported in the European Union countries. The figures represent 4.2 marriages and 2.0 divorces for every 1000 persons (Eurostat, 2016). Another indicator of the reduced decrease in marriages is the number of births occurring within unmarried unions. In 2014, the extramarital births exceeded those in marriages. Figures show that up to 59% of births take place out of marriage in some European countries (Eurostat, 2016).

Understanding equity-based approaches and equality-based approaches are important in divorce fairness. Generally, this is gendered from husbands to wives (Paechter, 2013). Divorces follow bureaucratic processes. The granting of the petition by any jurisdiction depends largely on the nature of the presented petition. The law requires the petitioner to prove that the marriage has broken down without any chance of reversing it. In Britain, the Wills Act of 1837 is mainly used in marriages. According to Burton (2016), the United Kingdom has family laws dating back to the eighteenth century. The laws follow the Wills Act of 1837. However, legislations have evolved over time. The Marriage Act of 1949 was the first to be introduced in the country. Because Britain is one of the developed countries, a lot has changed ever since. Laws have evolved to accommodate the needs of citizens living within a changing social context. The latest is the Marriage Act of 1983. It was followed by the Same-Sex Couple Act of 2013 (Burton, 2016).

The Marriage Act of 1983 outlines the division and distribution of properties in a marriage. It also puts emphasis on detained persons (Burton, 2016). The Same-Sex Marriage Act of 2013 is regarded as a major milestone in the rights of the marginalized communities, such as gays and lesbians. According to Burton (2016), information on divorce in the UK can only be found in court files. As such, it is difficult to access consistent data for the analysis and implementation of other acts. Auchmuty (2016) applauds the efforts made by the UK government in enforcing the Same-Sex Marriage Act. According to Auchmuty (2016), the institution of civil partnership, especially the one involving gays and lesbians, deserves legal recognition and legislation. It is a fact that this partnership may be different from marriage. As such, its dissolution should be different from normal divorce.

Marriage and Divorce Laws in the Kingdom of Saudi Arabia

Saudi Arabia is an Islamic nation. Religion determines the countrys legal statutes and laws. During the classical era of Islam, relationships within the religious state were different from what they are today. There are three models of religion-state relations in Muslim dominated countries. The models determine whether or not the laws are legally binding to the communities. The legality and acceptability of these laws depend on whether or not they directly used as per the religions requirements. There is also private practice, which draws its laws from Sharia (Rafiq, 2014). The first model is of an Islam state religion that uses Sharia laws on its people. The second is where Islam is not a state religion, but where people still use the Sharia laws. The third model does not recognize the link between the state and the religion (Rafiq, 2014). Marriage and divorce are treated differently under these models.

Marriage in Saudi Arabia was traditionally tribal. People were encouraged to marry within their families. The marriage was carried out with the belief that it will increase the strength of the tribe. An isolated case would involve marrying from a different tribe. Traditional societies viewed this as a way of easing tensions between rival tribes. Sharia laws allowed men to have up to four wives (Almosaed & Alazab, 2015). However, a lot of changes have taken place. For instance, women can now retain their full names. The traditional rule of divorce was for a man to repeat I divorce you! three times (Rafiq, 2014). The proclamation was binding unless the man changes his mind.

Divorce cases have been reported in Saudi Arabia in the recent past. The development can be attributed to the peoples rebellion against the barbaric nature of relationships within marriages. At puberty, people were allowed to marry. To a large extent, this has increased the rate of divorce. Many young people may change their mind regarding the person they married. An increase in education and contacts with the larger world has also brought a lot of changes (Almosaed & Alazab, 2015). Divorce cases are also caused by violence against women and the patriarchal nature of Islamic societies. According to Rafiq (2014), child custody is at the center of all divorce proceedings. Today, contemporary laws are used in divorce.

Marriage and Divorce Laws in South Africa

Communal ownership of property is the norm for all married couples in South Africa. The Matrimonial Act of 1984 spearheaded the idea of communal property ownership. The co-owned assets and liabilities are to be shared equally upon dissolution of marriage (Toit, 2015). The mixed legal system creates a trust that controls the properties of married couples. It is meant to benefit trust beneficiaries. However, spouses are encouraged to have pre-nuptial contracts. The contract is supposed to shield them from the default position of property ownership. South African marriage and divorce laws lack absolute authority compared to those in Anglo-American countries. The courts in South Africa are prohibited from granting relief exclusions on the basis of equity where other statutes lack alternative remedies (Toit, 2015).

The South African Divorce Act was created in 1979. It was followed by a Mediation Act in 1987. The courts are expected to define the acts depending on the constitution and the circumstances surrounding each case of marriage and divorce. In this country, divorce is a straightforward affair. It only requires the issuance of summons to the Regional Court or the Magistrate Court within a given jurisdiction. The process was made easy after the Regional Amendment Act of 2010. The act allowed for separate magistrate courts to deal with divorce cases (Toit, 2015). There can also be do-it-yourself marriage dissolutions. In this case, the divorce can be concluded without involving an attorney. It is made possible through local magistrate assistants and online divorce services. In other cases, mediation can be used.

The latest amendments have given rise to a unique conceptualization of family. In the last decade, the focus has shifted on the laws relating to contemporary issues in society. They include same-sex unions, heterosexual partnerships, customary marriages, and associated aftermath issues (Sloth-Nielson & Heerden, 2014). The law also recognizes the extended family. The evolution of laws on marriage and divorce has led to the recognition of surrogacy and child-headed households. Other changes are on the emerging laws focusing on functional families as opposed to just biological parenting.

The Relevance of Marriage and Divorce Laws in the Contemporary Society

The right to marry is a choice and personal liberty. The concept of marriage varies across different communities and cultures (Bhugra et al., 2016). In addition, commitments should have boundaries and self-worth. There should be codes and laws touching on family, marriage, and divorce. The laws and codes should provide avenues for sober relations and dissolutions of such partnerships. The rights of every person who gets into such a union should be protected regardless of the misfortunes that may befall them (Bhugra, 2016). To this end, laws are made to govern and control the social life and interactions associated with human beings.

According to Auchmuty (2016), the rights of all citizens should be addressed. Marriage and divorce laws should be accommodative to protect all unions. The recognition of other civil partnerships is a human right. The marginalization of particular groups should not be encouraged. Humane frameworks that uphold fairness in divorce should be put in place. Dissolution is a process that is not legally recognized in many countries. However, most family lawyers admit that it is a largely similar divorce. In this context, dissolution protects civil relationships and should not be ignored (Auchmuty, 2016).

Conclusion

Laws are meant to protect people. Marriage and divorce laws vary from one country to the other. However, they serve the similar purpose of supporting smooth transitions into and out of relationships. Contemporary laws and emerging cases of social interactions should be addressed appropriately. The traditional ways of doing things are changing due to modernization and formal education. For instance, a country like Saudi Arabia, which was traditionally characterized by male chauvinism, is experiencing high numbers of divorce cases.

References

Almosaed, N., & Alazab, S. (2015). Why stay?: Saudi womens adaption to violence. International Journal of Humanities and Social Science, 5(1), 146-162.

Auchmuty, R. (2016). The experience of civil partnership dissolution: Not just like divorce. Journal of Social Welfare and Family Law, 38(2), 152-174.

Bhugra, D., et al. (2016). Legislative provisions related to marriage and divorce of persons with mental health problems: A global review. International Review of Psychiatry, 28(4), 386-392.

Burton, F. (2016). Core statutes on family law: 2016-2017. New York, NY: Palgrave.

Eurostat. (2016). Marriage and divorce statistics. Web.

Paechter, C. (2013). Concepts of fairness in marriage and divorce. Journal of Divorce & Remarriage, 54(6), 458-475.

Rafiq, A. (2014). Child custody in classical Islamic law and laws of contemporary Muslim world: An analysis. International Journal of Humanities and Social Science, 4(5), 267-277.

Sloth-Nielsen, J., & Heerden, B. (2014). The Constitutional Family: Developments in South African child and family law 2003-2013. International Journal of Law, Policy, and the Family, 28(1), 100-120.

Toit, F. (2015). South Africa: Trusts and the patrimonial consequences of divorce: Recent developments in South Africa. Journal of Civil Law Studies, 8(2), 654-701.

Introduction

The family medical leave act, a United State law came into being, at the birth of the Clintons administration in 1993, the law makes available twelve weeks of non-paid leave for employees with family medical health issues (United States Department of Labor, 2010). The family medical leave act protects the employees positions within the organization, and makes the positions available to the employees on return from the leave, with all benefits intact. The enactment of the law in 1993 marked an end to about ten years of battle, and legislative maneuvering after it made its first appearance in the chambers.

It all started after the 1984 scraping of a Californian law, which required organizations to provide their female employees with maternity leave. The Californian law was scrapped because it was discriminatory. An attempt at putting into place a law that protected both male and female employees with medical issues gave rise to the family medical leave act (United States Department of Labor, 2010). It was not all bliss; most people had counter views, that the law will place undue demand on businesses.

Before the Passage of the FMLA

Before the passage into law of the act, individual organizations had different policies regarding employees with family medical issues. Below is an example of how some of the issues were treated.

Pregnant Women

In most organizations, pregnant women were given maternity leave shortly before delivery, the pregnant employees annual leave was what was used as maternity leave; with a few weeks added to enable her to recuperate fully. After which she was required to resume work within the time specified. By using the annual leave of employees with just a few weeks added to it, the organization lost little to nothing, as it was all arranged in favor of the organization.

Other Employees with Medical issues

Aside from the pregnant employees, other employees with family medical issues were granted leave based on organizational policies. What most organizations were doing before the passage of the FMLA was that, if an employee is sick, he or she will be given some days off to recover and resume work, and the time given to the employee was counted as part of the employee annual leave, but in a situation where such an employee has already gone on leave, it will be deducted from the annual leave of the following year. And in situations where the employee failed to resume within the time frame given to him or her, the employee stood the chance of losing the job, since the absence of such an employee affected the organization (Demedio 2009). And before the passage of the law, grounds for granting leave on a medical basis were limited.

After the Passage of the FMLA

After the passage of the law, granting employees with family medical issues leave is now a right and not a privilege as it was (United States Department of Labor, 2010). Below is an illustration of how the passage has resulted in a switch in organizational policies to accompany the changes.

Pregnant Women

With the passage of the act, aside from their annual leave, a pregnant woman within an organization will have twelve weeks of leave within a year to attend to personal issues. This is in no small measure a burden to the organization, as some organizations will have to hire someone on an interim basis to make up for the long absence of their regular staff, which is an extra cost in terms of training.

Other Employees with Medical Issues

With the passage of the act, which covers a wide range of issues, and reasons for granting leave on medical grounds, organizations will always have to make provisions for supporting staff in case such an issue arises. What this implies is that organizations might subtly discriminate against the employment of so many women within the organization, since most of the eligibility criteria are disposed of more to women. In effect, organizations will miss the services of highly talented employees.

Conclusion

It will be important to note that while the act has a lot of merit on humanitarian grounds, business-wise it is not favorable. A lot of dollars go into servicing unproductive employees, which ordinarily an organization will lay up.

References List

Demedio, W. (2009).This review is from: The Essential Guide to Family & Medical Leave .

United States Department of Labor. (2010).Fact Sheet #28: The Family and Medical Leave Act of 1993.

United States Department of Labor.(2010). Fact Sheet #28A: The Family and MedicalLeave Act Military Family Leave Entitlements. Web.

United States Department of Labor. (2010).The Family and Medical Leave Act of 1993 as amended.

Abstract

The United States has experienced an electrifying shift of events against the tobacco companies since 2009. Cigarette-related ailments are among the most outstanding health problems facing the United States and the world at large. However, this article will analyze the Family Smoking Prevention and Tobacco Control Act passed by the United States Congress in 2009. The focus will be to elaborate on the evidence on the regulation of tobacco products. The paper will commence with an evaluation of the motivations for controlling tobacco use, both at the individual and federal levels. The body will discuss the relevant literature regarding benefits or losses induced by the policies. The paper will conclude by revisiting the main ideas presented in the essay.

Introduction

Tobacco consumption instills massive damage on the global population. This damage is not necessarily mortality oriented but also on expenditures incurred in tobacco-related conditions. The toll on tobaccos lethal effects extends from the active smoker to the passive smoker. In a bid to minimize the costly effects of tobacco use, this paper seeks to analyze how the current legislation regarding tobacco use can serve as the solution to this problem. This paper seeks to emphasize that the Food and Drug Administrations authority to regulate tobacco should exercise the right to prevent harmful consumption of tobacco through legislation. This situation is provoked by the high rate of tobacco-related fatalities and the high health care costs.

Evidence from the US Centers for Disease Control and Prevention suggests that more than 60 percent of the American population is affected by cigarette smoking directly or indirectly (DiFranza, 2011). Cigarette-related conditions are feared to be among the leading causes of death in the world. Lack of legislation and regulation to cigarette smoking has contributed to cigarette-related health complications for many years. Consequently, following overwhelming research revealing cigarettes harmful impacts, tobacco control acts have emerged.

Background information

Within the last two decades, the Food and Drug Administration authority (FDA) was not involved in the regulation of tobacco goods. The State and Congress were mandated with the regulation of tobacco products. Principal regulations by most States focused on matters of selling tobacco to underage people and licensing of distributors (Zeller, 2012). Even though a stern warning was issued to discourage tobacco use through advertising, less effort targeted the health factors of cigarette smoking. In a bid to fill this void, in 1996 the FDA formulated a rule that sought to regulate tobacco products and passed a law to restrict tobacco use by minors. Since the FDA had not been offered the green light to tobacco products regulation, tobacco firms went to court to contests this rule. The US Congress was compelled to give authority to the FDA to control tobacco products. This move marked the genesis of tobacco regulation by the FDA through the implementation of the Family Smoking Prevention and Tobacco Control Act (FSPTC Act) signed into law by President Obama in 2009 (DiFranza, 2011). Even though the Obama administration passed the bill, it was met with considerable opposition, particularly from a section of Congress representing the tobacco-producing regions such as North Carolina.

Purpose of the FTC Act

Several opinion polls had shown consistency in public support for government intervention in health care. Since tobacco advertising encourages the use of tobacco products, and the previous efforts to combat advertising have disappointed, legal restriction on the marketing of these products is inevitable. These laws meant much to save a lot of American lives and health care expenditures related to tobacco use. This policy provided various restrictions that could prove essential within a few years of implementation. For instance, tobacco companies were required to give a list showing all ingredients used in the manufacturing of all tobacco products getting into the market. The law imposed market restrictions to discourage the rise of demand for tobacco products.

The law ensures that the FDA has the power to tackle issues of interest to the public such as the use of tobacco by minors. The law serves to ensure that the public is adequately enlightened about tobacco effects. These policies are also meant to prevent children from tobacco use. Studies show that minors are more lured by tobacco advertising as opposed to adults. Juveniles exposed to unrestricted advertising of tobacco products gain the interest to use the products. Since tobacco is an avoidable cause of death, comprehensive restrictions on advertisement pose a positive impact on the prevalence of tobacco use. The fact that the only safe alternative to tobacco use is ceasing, the law is a right move against smoking.

Reactions towards the FTC Act

Following the passage of the FSPTC Act key players and stakeholders both in the tobacco industry and health, sector came out with differing viewpoints. Notably, about five tobacco firms led by the Lorillard Tobacco Company came out publicly to file a petition in a federal court in response to the FDA legislation. The tobacco firms claimed that the huge size of warnings imposed by the FDA on cigarette packaging was humiliating and breached their First Amendment provisions to interact with informed, mature users. On January 4, 2010, Judge Joseph McKinley offered his stand on the case after a keen analysis of the issues raised by the plaintiffs and the defendants. The judge ruled in favor of the defendants arguing that highly visible warnings on a cigarette package are meaningful since it communicates the lethal health effects of tobacco use (Jarman, 2014).

On the other hand, the health sector enormously supported the FDA legislation since it had first-hand experience with tobacco health-related issues. The FDA regulations provided the public health advocates with a new tool to wage a more aggressive and wide war against tobacco use. Unexpected support came from Philip Morris, the pioneer of Marlboro brand cigarettes. Phillip Morris agreed to collaborate with the FDA arguing that the regulations were of health benefits to the public (Jarman, 2014). Philip had much to gain from these regulations because restricting tobacco advertisement meant that Philip Morris current market share was safe. This worked because other firms were in a disadvantaged position to lure users to shift to their products. Even though this support had mutual benefits, Philip Morris made a substantial impact on the reduction of tobacco use.

The affected population

The FDA legislations posted both positive and adverse effects to different people. The entire public is partly affected by the implications of tobacco use. This claim is justified by the high costs that tobacco users inflict on others and the government. Reduced rate of tobacco use narrowed the possibility for deteriorating health outcomes and healthcare expenditures. Therefore, the laws made a positive impact on the welfare of most Americans. Contrary, the tobacco industry experienced adverse effects due to increased taxes and a decline in the number of tobacco users.

The benefits of the policy

Many studies have delved deeper into medical research to prove a myriad of benefits to support legislation against tobacco use. For instance, Leischow, Zeller, and Backinger (2011) suggest that labeling tobacco products package has a positive impact on the prevalence of tobacco use. Currently, smoking in the US declined since the establishment of the FTC Act in 2009. This reduction has translated to improved quality of health and reduction of chronic diseases associated with tobacco use. Since 2009, medical reports have shown a massive decline in infant health complications arising from susceptibility to maternal smoking at the time of pregnancy (Leischow et al., 2011). The health sector has been able to exclude some of the health care services that were meant to cater to the high number of patients with tobacco-related diseases.

Strengths and weaknesses of the policies

The power of the FDA to guide the production and distribution of tobacco goods is essential since it facilitates the need to make changes to products to make them less lethal. Notably, the law controls the actions of the FDA by imposing defined limits of authority. The agency has no power to ban general tobacco goods or demand exclusion of nicotine from tobacco goods. Warning labels on cigarette packaging hurt the smokers. According to Zeller (2012), recurring exposure to warning messages creates fear and eventually the intention to avoid tobacco use. Banning tobacco brands sponsorship of social events minimizes the emotive attachment towards tobacco products. Withdrawal of vending machines and restriction of tobacco accessibility to minors reduce the prevalence of smoking.

On the other hand, the FDA offers a disputable claim for the effectiveness of warning information. These graphic warnings failed to address the intentions to stop tobacco use in the short run. Even though the warnings have the potential to trigger negative responses, these effects did not manifest the potential to have a long-lasting impact. Tobacco consumers get used to these warnings with time thus if they lack short-term effect they may not achieve the intended purpose (Zeller, 2012).

The scope of the issue

The FTC Act is national legislation passed to address the issue of tobacco use across the US. The swift turn of events against the tobacco industry in the US demanded legislation to cover the entire region since the problem of smoking was not unique to an individual state (Zeller, 2012). However, the law prevents the State and local governments from adjusting or issuing new requirements on tobacco product packaging or the warning graphics. Nonetheless, the law allows the State and local governments to issue warning information provided it does not interfere with the tobacco packaging or labeling. The law also has positive implications for the international community because it restricts illicit trade in tobacco goods (Jarman, 2014). To avoid the illicit trade, the law demands that the cigarette products bear words that indicate the product should all be sold within the United States.

Conclusion

Within the few years since the passing of the FTC Act, the FDA has proved to be a significant factor and relief to tobacco-related health complications and death. Local and state governments have played an important role in facilitating healthy living free of tobacco substances. Despite the usual assumption that the five years of policy enforcement have tackled this menace, the truth is that tobacco use remains to be among the chief cause of death in the US. The best chance that the FDA has to combat tobacco use is to enforce the FTC Act. If the FDA can succeed in decreasing the chances of youth in tobacco use can be a big boost since most smokers start by the age of eighteen.

References

DiFranza, J. (2011). Research Opportunities Concerning Youth and the Family Smoking Prevention and Tobacco Control Act. Journal of Nicotine & Tobacco Research, 14(1), 54-57.

Jarman, H. (2014). The politics of trade and tobacco control. Basingstoke, UK: Palgrave.

Leischow, S., Zeller, M., & Backinger, C. (2011). Research Priorities and Infrastructure Needs of the Family Smoking Prevention and Tobacco Control Act: Science to Inform FDA Policy. Journal of Nicotine & Tobacco Research, 14(1), 1-6.

Zeller, M. (2012). Three years later: an assessment of the implementation of the Family Smoking Prevention and Tobacco Control Act. Journal of Tobacco Control, 21(5), 453-454.

Introduction

The regulation of relations in family law is based on the choice of applicable law to such categories as marriage, divorce, parental responsibility, etc. It is essential to pay attention to the issues of the option of connecting factors for the applicable law. Nationality as a category of human rights acts not only as a primary basis for choice. Still, it is essential to regulate family matters without prejudice and with equal opportunities for spouses. Although there are advantages to applying domicile or habitual residence, citizenship is characterized by a clear functional option about the right.

Nationality as an opportunity to equalize persons with each other

Nationality emerged as a legal bond between the individual and the state to express their common rights, duties, and responsibilities. Nationality makes it possible to regulate issues that arise in conflicts in labor, administrative, civil, and other rights¹. In addition, the acquisition of citizenship is tied to many factors (for example, inheritance, by blood, by place of birth), so the regulation of citizenship issues are relevant in many branches of law.

Nationality provides opportunities to participate in the regulation of law. For example, the ability to elect and be elected, participate in referenda and voting, and other additional rights arise when a person acquires citizenship. In addition, citizenship attaches duties, the observance or non-observance of which leads to inevitable consequences. In such a case, civil liability arises, governed by civil law, choosing the applicable law on a case-by-case basis.

Nationality is a unifying category for all persons residing in the same territory and having grounds to acquire the citizenship of the place of residence. Citizenship is also achieved through marriage, the birth or adoption of a child² (e.g., in the United States), and there are also legal ways to acquire citizenship through involvement in the economy and stock market of the country. Thus, this category grants a person certain rights about activities in the states territory and gives opportunities for implementation by the current legislation.

Application of Nationality

Among the branches of law, there is a particular focus on property law about the countrys citizens. In many cases, the consumption of the benefits of a country or the acquisition of property on its territory is not a basis for acquiring citizenship. Nevertheless, the division of property and its inheritance are regulated by international agreements and regulations of the persons country. The EU regulation N1103/2010 governs the substantive relationship at the conclusion or dissolution of a marriage by reference to conflict of laws rules to determine the law applicable to all marital property³. This issue is usually resolved by applying a scale of cumulative connecting factors, including nationality.

In family law, nationality appears in court cases arising from the birth of a child after the dissolution of marriage and parental responsibility and child support. In addition, nationality is a linking factor in the regulation of international divorce. According to Regulation N2201/2003, the same principle applies here as in the case of division of property⁴. Thus, nationality is a connecting factor in determining the choice of law objectives about persons.

Family Law: Why the Choice of Applicable Law Involves Several Connecting Factors

Nationality becomes at the head of the regulation of family law issues because it allows conflicts to be resolved without additional judicial proceedings. In addition, the principle of choosing the applicable law based on citizenship dramatically simplifies the procedure for dealing with issues. Unlike domicile, citizenship is not usually tied to the subordination of married women and the abuse of marriage to determine the residence of the spouses. The regulation of multiple citizenship cases is greatly simplified because of the detailed clauses in the international agreements of member countries. In this way, citizenship acquires certain advantages in the regulation of family law.

Domicile and Habitual Residence: Why are They Obsolete in Todays World?

Domicile is a connecting factor that plays a predominant role in the law of common law countries. The preservation of the general principle of domicile brings resonance to society, especially given the improvement of gender discrimination issues. Uniformity of residence is an artificial category, so the use of the principle of domestication is contrary to international agreements respecting human rights⁵. Nevertheless, Ireland and England continue to use domicile, relying on its advantages in matters of statelessness.

Habitual residence is a relatively new category of person. The main advantage is eliminating discrimination in matters of marriage and reducing spousal guilt in divorce laws. In addition, habitual residence is used as a conflict of laws binder. Nevertheless, the difficulties in defining and intentionally withholding information make a habitual residence a rather tricky factor for the law to apply.

Conclusion

Thus, among the advantages of using citizenship as a connecting factor in determining the applicable law in family matters is its role in simplifying the proceedings. In addition, an obvious benefit is the use of citizenship to resolve issues of parental responsibility and property division. Unlike domicile and habitual residence, citizenship is less discriminatory to married women and draws attention to the equal rights of spouses. Citizenship makes it possible to resolve complex issues and regulate legal relations in family matters without prejudice and with the same opportunities for the persons against whom the applicable law is chosen.

References

Basedow, J. (2017). Encyclopedia of private international law (1^st ed.). Edward Elgar Publishing Limited.

European Union. (2003). Regulation (EC) No 2201/2003  jurisdiction, recognition and enforcement of matrimonial and parental judgments. Web.

European Union. (2010). Commission regulation (EU) No 1103/2010 of 29 November 2010 establishing, pursuant to Directive 2006/66/EC of the European Parliament and of the Council, rules as regards capacity labelling of portable secondary (rechargeable) and automotive batteries and accumulators. Web.

Hill, J. (2016). Domicile, nationality, and habitual residence, in Clarkson & Hills conflict of laws (pp. 315-352). Oxford University Press.

Zhang, M. (2018). Habitual residence v. domicile: a challenge facing American conflicts of laws. Maine Law Review, 70(2), pp. 162-197.

Footnotes

1. Basedow, 2017.
2. Hill, 2016.
3. European Union (EU), 2010.
4. EU, 2003.
5. Zhang, 2018.