Conformity in Edith Whartons The Age of Innocence Essay

The pressure of conformity affects individual expression and varies in degrees in which it impacts an individual’s life. Regardless of time period, conformity is able to force individualists to abide by the social standards inculcated into society and deemphasize the importance behind individualism. In the 1920s, New York City adopted a structure parallel to conformity in its figurative hierarchy after the grief and devastation of World War I. With fear of the unknown, a reestablishment of tradition and routine followed, including an adaptation to the use of silences. The individuals with class and power used silence as a vehicle to conform and unify but, free-willed individuals gave another purpose to silence. It became a tool to express†¦show more content†¦Likewise, they continued to suppress the individual as they developed using silence as a method of control to build up their â€Å"class-conscious conservatism† that unknowingly evaded the moral standards of the modern time (Burt). New York was incapable of opening its eyes and finding meaning in its world; the people â€Å"could only look blankly at blankness,† unable to find purpose behind the unpleasant (Wharton 28). Society spreads unpleasantry through gossip and rumor to alienate different and innovative individuals to ultimately stifle the revelation of a changing world. Society reflects one of its pitfalls when involving itself in the infliction its own unpleasant nature on the individual, defeating its own initial purpose of censoring the disagreeable. The systems within society avoid the harsh truths of their lack of integrity while being hypocritical of their own principle; they continue to defend a false sense of security that existed within the boundaries of conformity. To accentuate their disparity, Wharton generates a symbol of aversion and controversy that displays the invisible evils that New York has to offer. To illustrate the nature in which New York applies these silences, Wharton introduces a female character that symbolizes all the ideas and innovations that New York feared most. Countess Olenska represents the force ofShow MoreRelatedSociety Wasn’t Built In a Day: Societal Structure in The Age of Innocence1493 Words   |  6 Pagesthing to arrive early at the opera; and what was or was not the thing played a part as important in Newland Archers New York as the inscrutable totem errors that had ruled the destinies of his forefathers thousands of years ago-Edith Wharton The Age of Innocence Societies, like houses and businesses are built a certain way. They each have a certain way of functioning and placing some people above others. Throughout history, there are plenty examples of this concept, the best of which lies withinRead MoreContradiction Between Innocence and Individuality in the Age of Innocence6533 Words   |  27 Pages |4 | |2 Individuality and Innocence in The Age of Innocence†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ |6 | |2.1 Ellen’s Individualistic Qualities†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ |7 | |2.2 May’s Artificial Innocence†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ |10 | |2.3 Contradiction between Individuality and Innocence†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ Read More Social Traditions in Medea, The Piano, and The Age of Innocence2110 Words   |  9 PagesTraditions in Medea, The Piano, and The Age of Innocence Traditions demonstrate a set of social norms that have been followed and adapted to for an elongated amount of time. In each of the plots, Medea, The Piano, and The Age of Innocence, the standard set by society was broken and the consequences imposed took form in varying degrees and shapes of violence. Whether it was outright murder as in Medea, or a more subtle but intense struggle as in The Age of Innocence, these consequences serve as the communitys

I Tomorrow, By Boori Monty Pryor - 1702 Words

Maybe Tomorrow, narrated by Boori Monty Pryor and published in 1998, is an inspirational autobiography contextualised by portraying the life of an Indigenous Australian. For young indigenous and non-indigenous Australians, storytelling is an important tool in their education. The author takes the reader on the journey into his life, his family, his culture and his upbringing; which was full of tough times, tragedy, love and the importance of family and their country. This book is also a political intervention, as it sheds light on racism and systemic discrimination, that he and his family and friends faced from within their society. He positioned the reader to rethink their preconceived thoughts on race, power and equality. Within the†¦show more content†¦Pryor states that the most valuable lesson from school was that he learnt the tools to survive in a white world (Pryor, 2010). And from his family, the most valuable lesson was when he learnt the tools to survive in the b lack world (Pryor, 2010). These lessons helped Pryor become the very successful man he is today. He utilized and taught these tools to other young students to shape my inner self and then to communicate this to other people’ (Pryor, 2010). Although, Boori is coming to terms with the loss of his culture and family, we are able to realise that reconciliation is taking place in many areas of society. Pryor seeks to reconnect himself with his land, culture and other aboriginals, by dedicating his work to the harmony and settlement of his people (Pryor, 2010). His experiences with such storytelling is entangled within his story. An autobiography is coined as the history of a person s life written or told by that person (Dictionarycom,2016). The author positions the reader to interpret his text as an autobiography and does so through the use of storytelling and vivid imagery, thus positioning the reader to reconsider or their beliefs towards aboriginals (Pryor, 2010). Pryor s life started as a small boy from North-East Queensland, he then ventured into the career path as model which led to the

Appendix G Free Essays

Associate Program Material Appendix G Wireless LAN Vulnerabilities Matrix Complete the following matrix by filling in the blank boxes in the table. Security protection Brief description Vulnerabilities Prevention (if any) MAC address filtering Only allows access to a device if its MAC address matches that of a pre-approved list on the router. MAC Spoofing Don’t rely on MAC filtering alone. We will write a custom essay sample on Appendix G or any similar topic only for you Order Now Open system authentication (SSID beaconing) Disables SSID from being broadcast so wireless networks are harder to detect. A spectrum analyzer can still be used to find the network name. Create a more complex SSID and password settings in your AP WEP Stands for Wired Equivalency Privacy. Uses 64 bit or 128 bit encryption. (including 24-bit IV) In larger networks, IV’s can be duplicated and cause collisions, which are easy to detect by outside influences Use WPA2 with AES or similar instead on larger, enterprise deployments. Of the six categories of attackers, the one I would most want to break into my network would be hackers, as they attempt to penetrate your network and expose vulnerabilities, then inform you of them. This is opposed to a cracker, which will do the same thing, only steal the data and attempt to sell it. A script kiddie is very dangerous, as they are generally under-experienced hackers and crackers who use someone else’s codes and almost always have malicious intent. Between MAC filtering, WEP, and authentication, I believe that WEP is the most secure of the three. MAC filtering can be easily overcome by MAC spoofing, and is not part of the 802.11 standard. Authentication is somewhat weaker than WEP, as someone could capture the cleartext challenge phrase and the encrypted response frame and gain access to the network. WEP is the strongest of the 3, but is still weak due to IV collisions which can be monitored and the hacker can recover the security key during those collisions. In fact, hackers can even cause massive IV collisions to speed up the process. It should be noted this is really only an issue on larger wireless networks as there are approximately 16 million IV’s that can be handed out. But in an enterprise application, 16 million can happen in a matter of hours or days. How to cite Appendix G, Papers

Depression and Suicide for Role of Nurses - myassignmenthelp

Question: Discuss about theDepression and Suicide for Role of Nurses. Answer: Depression is a mental illness with the mental or behavioral disorder. It is more common in women than men. Signs and symptoms of depression can be feeling of anxiety continuously, feeling of helplessness and guilt, feeling fatigue, weight or appetite changes, suicidal behavior, loss of pleasure and interest in day to day activities, difficulty in making decisions and concentration. Suicide is defined as a mental illness in which a person intentionally takes their own life. Sign and symptoms of suicide can be excessive moodiness and sadness, feeling helplessness, feeling of isolation, changes in personality or appearance and self or dangerous harmful behavior (Albert, 2015). According to Australian bureau of statistics, nearly 4.0 million Australian (17.5%) were affected by the behavioral or mental condition. About 2.1 million (9.3%) people were suffered from mood or behavioral disorder. Approximately one in twenty Australian were affected by depression. ("4364.0.55.001 - National Health Survey: First Results, 2014-15", 2017). People of age group between 15-64 years old with behavioral or mood disorder were more likely to be unemployed than people without behavioral and mood disorder. Based on gender, approximately 10.4 % of females are suffered from depression as compared to men which are 7.4%. The rate of depression is increased in an age group of 55-64 years old. Approximately 3,000 people died by committing suicide in Australia. It is the 13th leading cause of death in Australia. Death from suicide in males occurs 3 times greater than females. The death rate for males is 19.3% per 100,000 people whereas in case of females it is 6.3% per 100.000 people. The highest proportion of death occurs in males at the age group of 40-44 years old while in the female age group is 45-49 years old. According to WHO report 2016, more women are affected by depression than men. Various factors responsible for this- women may have a stronger genetic predisposition to depression as compared to men, women are more sensitive to hormone change as compare to men especially after menopause and childbirth ("Depression", 2017). Women tend to think more as compare to men that may expose them to develop depression, relationship problems which make them more sensitive to develop depression. Women who are working tend to have more depression as they have to look for children, maintain home and take care of older people. Age group between 15-45 years old suffered more from suicidal behavior ("3303.0 - Causes of Death, Australia, 2015", 2017). The various factors responsible for higher suicidal behavior or thoughts are lower income level, lower education, unemployment, and relationship status. The number of suicidal attempts increases gradually with a decrease in socioeconomic status, increased globalization exposes individuals at higher risk of feeling insecurity economically and suicidal behavior. As most of the people live in nuclear families the demanding nature of nuclear families causes more stress and burden which leads to a suicide attempt. Unemployment among adults leads to more stressful conditions, loss of confidence, and isolation from friends or families which contribute to suicidal behavior (McCann, 2010) In Jonathans case study there are many factors that may lead to the development of mental illness. The various factors can be, Bereavement which is defined as loss of loved ones due to death. Death of Jonathans mother caused depression and suicidal behavior in him. Bereavement results in the development of negative feelings which makes him more depressed and developed low self esteem. Loss of Jonathans mother causes prolonged depression which may lead to suicidal behavior. Loss of a parent during adult hood result in higher chances of depression as they are more emotionally attached. Long term depression results in low self-esteem, loss of interest and prominent suicidal thoughts (Zisook Kendler, 2007) After the death of Jonathans mother, Jonathan is unable to concentrate at the workplace which makes him feel more distressed and caused severe depression. Symptoms of major depression are feeling fatigue and worthlessness, concentration is impaired, diminished pleasure or loss of interest in day to day activities, recurring death or suicidal thoughts, alcohol abuse and feeling being deprived. These were the symptoms which were experienced by him. Jonathan Low performance at the workplace and not submitting assessments at TAFE on time caused more distressful conditions which severe depression and lead to suicidal thoughts. Jonathans father was not able to give time to him after the loss of his mother. Jonathans father is working on weekends in order to pay family funds bill which makes him feel more isolated and distressed. The feeling of isolation worsens the depression (Parkes, 1982). The relationship between Jonathan and Leah becomes very weak after the loss of his mother. Jonathan started to feel distressed which affected his bonding with Leah. These conditions severely affected their relationship status and make him feel more depressed. These are the various factors which contribute to depression and recurrent thoughts of suicide. The principle of nonmaleficence involves legal and ethical duty to prevent harm to others. It is considered before the start of new treatment. Nurses must maintain certain standards of ethical conduct. The code of conduct for nurses is based on nature of clients, society, and health, Nurses must promote and restore clients health, prevent alleviation of illness and sufferings. The nonmaleficence involves the right of patient and healthcare practice (Casey, 2015). It is a duty of health care provider or nurse to provide most appropriate treatment for that condition with minimum amount of pain and possible suffering. Various policies must be followed which should include protection and safety of patient health and dignity to avoid harm. The purpose is to provide care to a patient with trust that it will not cause harm even if some pain or suffering is involved. The Principle of Beneficence states that nurses must act with kindness and work for clients benefit. This principle help to build trust with the patient. Without this principle, it would be very difficult to treat clients mental health especially in case of depression (Nabokov Nabokov, 1995). Nurses should act with kindness and build clients trust. Nurses must communicate with compassion to tell what their problem is and why treatment is necessary. Nurses must create a safe and supportive environment so that clients feel less distressful. Nurses must encourage them and make them feel more positive. Mental health act 2007 (NSW) objective is to ensure the care and treatment of mentally disordered or ill patient. The objective of this act is to provide treatment with care for mentally ill or disordered clients (Basak Chatterjee, 2016). The objective of nurses is to facilitate the treatment and cares through facilities of community care, to provide hospital care on a voluntary basis where appropriate, to facilitate the involvement of that person who cares for them in decision-making treatment. Various aspects of this act are to ensure that client should receive best possible treatment and care for the least restrictive environment. The patient suffering from depression having suicidal thoughts must receive timely high-quality treatment and care , the care and treatment must assist clients to work, live and participate especially in case of depression and suicidal behavior, the right of dignity, and self-respect for clients suffering from depression and suicidal thoughts must be ke pt at higher priority, encouragement of client to participate in the recovery and development plan, their wishes and expressed view must be considered in that development, the information given to clients must be understandable. (Daw, 2014) The urgent mental risk from Jonathans case study is his suicidal behavior. There are various nursing care plans and interventions that can be used to improve Jonathan mental illness. Risk factors that can cause suicidal thoughts are bereavement, grief /loss of a parent, psychiatric illness, and helplessness. It is possibly evidenced by a statement of helplessness, hopelessness, and nothing to live for and suicidal behavior. The nursing interventions for suicidal thoughts or behavior is to make arrangements for the clients with family or friends, a hospitalization must be considered if the client is having highly suicidal behavior. Nurses must encourage them to avoid decision making during mental illness. Nurses must encourage them to talk freely about their feelings and must be provided with alternative ways of handling anger, frustration, and disappointment. The nurse must remove pills if present to prevent self-harm. Nurses must contact clients family members and arrange family for individual counseling (Frauenfelder, Mller-Staub, Needham van Achterberg, 2013). The impact of these interventions is that client will stop or refrain from attempting suicide, the client will remain safe in the hospital, the client will join the family in counseling family crisis. The rationale behind these interventions is to provide safety, comfort and relieve them from isolation, they must be provided with another way of dealing with strong emotions and sense of control over their options, to ensure that environment provided to the patient must be safe, to reestablish social ties and diminish the feeling of isolation. Hopelessness in individual sees limited or no personal and alternative choices. It is related to support chronic pain, stress which is long term, significant in terms of chronic pain, long-term stress, a significant loss in support system, received helplessness. It is possibly evidenced by decreased judgment, decreased motivation, lack of care, loss of interest in life (Hooks, 2016). Nurses must encourage client to look into their negative thinking and reframe it into neutral thinking, nurses must help patient to identify areas of strength nurses must identify certain things in client past that given them joy and meaning in life, nurses must discuss this to encourage into their lives, nurses must encourage them to make contact with people or their loved ones that provided them support and comfort in the past . The impact of these interventions is clients must express their will to live, the client will understand the meaning of life, the client will identify the things if that thing is wrong or right, and the client will have an optimistic approach for the decisions made (Karaca, 2017). The rationale behind this is refraining people to look into their situation that allows them for an alternative approach which allows the client to find their strength and look towards their life more positively, creative activity gives client joy and intrinsic pleasure and satisfaction, hopelessness makes them feel more isolated and abandoned. The mental condition from Jonathans case study is depression. There are various nursing interventions for depressed patients which promotes a feeling of wellness and health, meeting clients psychological needs and coping abilities assessment. The less social interaction of the client with other people is related to fear of rejection, lacking a support system, disturbed self-concept and lack of motivation and energy. Nurses must ensure that activities must be provided that requires less concentration. Nurses must encourage clients for motor activities which required less concentration such as walking. When clients feel more depressed nurses must provide them one to one activity. Nurses must involve clients in group activities. Nurses must maximize their interactions with others (P Mendez, 2017). The possible impact of these interventions is to help the client to identify feelings that lead to poor interaction, the client will participate in social activities, the client will do one- o n- one interaction, and the client will attend therapeutic / group meetings. The rationale behind this is to help clients who suffers from depression, lack of memory and concentration, activities which boost up their morale must be played, these activities will help them feel relax and might help them to elevate mood. These interventions maximize clients interaction potential and minimize anxiety feeling, socialization help them to feel less isolated and more positive, communication with others help them to get distressed from self-preoccupation. Chronic Low self-esteem is a feeling of negative self evaluation or feeling about self or self-capabilities. It may be related to psychological/biochemical changes, feeling of guilt and shame, repeated failure and many expectations of self (Almasalha et al., 2012). It is possibly evidenced by evaluating self as unable to deal with situations, unable to assess their own achievements, negative feelings of self, frequently feeling worthlessness, positive feedback rejections, and self-negative verbalization. Nurses must teach them with visualization techniques which help them to replace negative thoughts with a positive one. Nurses must encourage them to participate in a group discussion where other clients share the same feeling (Zauszniewski, J.2012). Nurses must arrange training, counseling for clients. Nurses must involve the client in those activities where they can improve by using their own problem-solving skills. The desired outcomes are clients will maintain self-esteem, the cl ients will start believing in self, the clients will identify unreal self-expectations. The rationale behind these interventions is to promote more realistic and healthier self image which makes them feel more positive, to make them feel less isolated and provide them an environment where they get positive feedback of self. Low self-esteem clients have difficulty in determining their wants and needs and feeling of low self-esteem usually interfere with low problem-solving skills (Roecklein, 2012). References 3303.0 - Causes of Death, Australia, 2015. (2017).Abs.gov.au. Retrieved 21 August 2017, from https://www.abs.gov.au/ausstats/abs@.nsf/Lookup/by%20Subject/3303.0~2015~Main%20Features~Intentional%20self-harm:%20key%20characteristics~8 4364.0.55.001 - National Health Survey: First Results, 2014-15. (2017).Abs.gov.au. Retrieved 21August2017,fromhttps://www.abs.gov.au/ausstats/abs@.nsf/Lookup/by%20Subject/4364.0.55.001~2014-15~Main%20Features~Mental%20and%20behavioural%20conditions~32 Albert, P. (2015). Why is depression more prevalent in women?.Journal Of Psychiatry Neuroscience,40(4), 219-221. Almasalha, F., Xu, D., Keenan, G., Khokhar, A., Yao, Y., Chen, Y. et al. (2012). Data Mining Nursing Care Plans of End-of-Life Patients: A Study to Improve Healthcare Decision Making.International Journal Of Nursing Knowledge,24(1), 15-24. Basak, A., Chatterjee, T. (2016). Structural and Neurochemical Alterations in Brain Regions of Depression and Suicide Patients.Clinical Depression,02(03). Casey, P. (2015). Beneficence and non-maleficence: confidentiality and carers in psychiatry.Irish Journal Of Psychological Medicine,33(04), 203-206. Daw, R. (2014). The Mental Health Act 2007 The Defeat of an Ideal.International Journal Of Mental Health And Capacity Law,1(16), 1310. Depression. (2017).World Health Organization. Retrieved 21 August 2017, from https://www.who.int/mediacentre/factsheets/fs369/en/. Frauenfelder, F., Mller-Staub, M., Needham, I., van Achterberg, T. (2013). Nursing interventions in inpatient psychiatry.Journal Of Psychiatric And Mental Health Nursing,20(10), 921-931. Haddad, A. (1987). Using principles of beneficence, autonomy to resolve ethical dilemmas in perioperative nursing.AORN Journal,46(1), 120-125. Hooks, R. (2016). Developing nursing care plans.Nursing Standard,30(45), 64-65. Karaca, T. (2017). Evaluation of First Year Nursing Students Care Plans-Nursing Diagnosis and Nursing Intervations.International Journal Of Nursing Care,5(1), 40. McCann, S. (2010). Suicide, Big Five Personality Factors, and Depression at the American State Level.Archives Of Suicide Research,14(4), 368-374. P Mendez, A. (2017). Transition Course in Psychiatric Nursing as an Intervention in Facilitating Students Perceived Preparedness In Handling Patients with Mental Illness.Nursing Care Open Access Journal,2(1). PARKES, C. (1982). the risk of suicide after bereavement.Bereavement Care,1(1), 4-5. Roecklein, N. (2012). Using Standardized Nursing Languages in End-of-Life Care Plans.International Journal Of Nursing Knowledge,23(3), 183-185. Zauszniewski, J. (2012). Intervention development: assessing critical parameters from the intervention recipient's perspective.Applied Nursing Research,25(1), 31-39. ZISOOK, S., KENDLER, K. (2007). Is bereavement-related depression different than non-bereavement-related depression?.Psychological Medicine,37(06), 779.

Administrative Law Notes free essay sample

Please note that this is a draft. The material is under revision. ?This material has been prepared by John P. Sangwa and was initially part of a larger study undertaken by the author. The material is meant for students studying L341. The reproduction for any purpose whatsoever of this work or any part thereof in any form or manner is not allowed without the permission of the author. What is Administrative Law? Administrative law, as a subject, has defied definite and concrete definition. Most scholars have confined themselves to formulating working definitions within the context of their works. There is, however, agreement that administrative law is concerned with powers and procedures for the use of those powers by public officers and institutions responsible for the performance of the functions of the state. It includes, especially, the law governing judicial review of administrative actions. Administrative law is law that governs those who administer any part of governmental activities. We will write a custom essay sample on Administrative Law Notes or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Administrative law is not the substantive law produced by the agencies, and it is not the substantive law created by the legislative bodies or courts and administered by the agencies; instead, administrative law is the law, which governs the powers and procedures of agencies. It includes procedural law created by the agencies but not the substantive law created by them, such as tax law, labour law, public utility law, transportation law, welfare law, town and country planning law, and the like. Administrative Law Distinguished from Constitutional Law There is a distinction between constitutional law and administrative law. Constitution law refers to the formal rules, in the case of Zambia, embodied in one single document referred to as the constitution, which establish the main institutions of the state, prescribe their powers, their relation with each other and their collective position vis-a-vis the citizens. Administrative law on the other hand focuses on the powers vested in these institutions and how they use them. For instance, the Banking and Financial Services Act, 1994, confers on the Bank of Zambia, the powers to regulate banking and regulated financial services and issue the necessary regulations from time to time. The Act itself and the regulations made pursuant thereto are not themselves of concern of administrative law. However, administrative law would touch on the authority of the Bank of Zambia to make regulations and upon the procedure employed in making them. Administrative law tends to focus on three aspects of administration: rule-making procedure, where the public institutions or officers are conferred powers to make rules, adjudicative procedure where there is power to make decisions and judicial review, which focuses on the power of the court to review decisions of public institution to ensure that they are intra-vires the empowering legal instruments, and to declare them ultra-vires, where they are not 2 The Scope and Administrative Law Administrative law is concerned with public authorities. It is concerned with the way power is acquired, where the public authorities get their powers from and the nature of those powers. It determines whether the exercise of a power subject to any particular procedure, or whether it must be exercised in any particular form. If so, it addresses the effect of failing to do so. It focuses on how to ensure that powers are used only for the purpose for which they are given and that they are used effectively and efficiently. Administrative law is concerned not only with power but also with liabilities both of authorities and of their employees. It is concerned with the bodies, which exercise these powers central government departments, public corporations, local authorities and other institutions. The role of the courts, as independent institutions, in providing some checks on the exercise of public powers is the concern of administrative law. The courts are concerned with the legality of the administrative actions. Administrative law must be seen as an instrument of control of the exercise of administrative powers. Administrative law, like any other branch of law is not an end in itself but means of getting things done by creating through the legal process, institutions, and granting them powers and imposing on them duties. The decision maker is subject to the law, but at the same time, he sees the law as something to use to achieve some end which society has chosen. Administrative law is a concern of a lawyer as much as for the public officers. There is need for public power, but there is also need for protection against its abuse. Administrative law attempts to address the age-old problem of abuse of power. Administrative law as discussed in this course is limited to law concerning powers, procedures, and judicial review. It does not include the enormous mass of substantive law produced by the various agencies. Although public institutions are created by statutes, by executive order authorised by statute, and by constitutional provisions, and although their principal powers and functions are normally defined by the instruments, which create them, the great bulk of administrative law is judge-made law. Some of the judge-made law either is or purports to be founded on constitutional or statutory interpretation. However, other judge-made law is made sometimes without reliance on either constitutional or statutory provisions. 3 SOURCES OF ADMINISTRATIVE LAW Introduction By sources we mean where one can look for answer whenever and administrative law issue arises. Administrative law is wherever law is. It is founded on the Constitution. It is in the statutes and in any form of statutory instrument. Administrative law is also in the form of common law made by the courts and in the form of procedural rules made by administrative agencies themselves. Constitution The entire Zambian Constitution is in a way a source of administrative law. It is a limitation on government. It creates various organs of government and prescribes what they may or may not do and how they can do what they are empowered to do. For instance, Article 30 of the Constitution confers power upon the President to declare, after consultations with Cabinet, that a state of public emergency exists in Zambia. The said provision puts a limitation on the exercise of this power by the President. The President can declare a state of emergency only after he has consulted with Cabinet. Failure to do so may render such a declaration null and void. Whether or not there has been compliance with the provisions of the constitution or whether the power has been exercised for the intended purposes is the concern of administrative law. Statutes Very often statutes, which create public institutions, prescribe their powers and how they are to be exercised. It is the concern of administrative law to ensure that such powers are used for the realisation of the policy objectives on which in the statute is founded and not any other goals. Common Law The common law is creation of the courts. Following the concept of staredecisis, courts will decide a case today in the same way they decided in other cases in the past if comparable factual situations are involves. There is therefore a huge volume of guidelines on how the courts will decide a given case and this collection of clues is called common law. Common law prevails on a point of law so long as there is no statute, regulation, or constitutional provision, which contradicts it. Judicial interpretations of statutes, regulations, and constitutional provisions are part of the common law. Much of the administrative law principles are in the form of common law. Formal laws do not regulate every aspect of administrative authority. For instance, the idea that no one should be punished unheard is law, which has been embraced by the courts as one of the common law principles. 4 Much of what is administrative based on the constitution is in fact common law. The Constitution is brief and at times vague. It is therefore, interpreted by the courts. It is in sense good that the Constitution is sometimes vague. This enables the each generation to interpreter it to accommodate social, political and other changes Administrative Instruments Some of the instruments with the force of law, which regulate public institutions, are made by the institutions themselves. This kind of law is imposed on the institutions by the public institutions themselves. It is often in response to public pressure and public expectations exerted in different ways throughout the political process. For instance, the Industrial and Labour Relations Act has created the Industrial Relations Court. In order to ensure that people have access to the Court and receive fair hearing the Court has set its own rules, binding on itself and parties to the dispute, who have moved the Court. The rules, which the public institutions impose upon themselves, are often found in the same statute along with other rules and regulations made by the institutions. For instance, in 1996, the President issued a directive that housing units owned by the government and local authorities be sold to sitting tenants. A circular to that effect was issued by Cabinet govern this exercise. Any dispute in this regard has been resolved by referring to this circular. As for the units owned by local authorities, the Ministry of Local Government and Housing issued a similar circular. The first phase began from the moment British influence was established in the territory, which became known as Northern Rhodesia. The second phase, began long after the first phase had been properly grounded, focuses on judicial review; and the dominant part of judicial review is constitutional and statutory interpretation. Whereas other Western countries have already gone through the third phase, which focuses on procedures for formal adjudication and formal rule making, Zambia is just embarking on this phase. 9The value of such an approach is ably illustrated by Gordon R. Woodman, â€Å"Constitutions in a World of Powerful Semi-Autonomous Social Fields†, Third World Legal Studies 1989, 120. He observes at pp. 2-3. : Although the skills of a lawyer are useful in the study of non-state laws, an adequate appreciation requires some revision of the traditional approach of students of state law. It is necessary to discard the concepts and axioms induced by the tendency of state laws to deny the legitimacy of other laws. An effective state constitutional order takes account of the social realities which affect its objects and functioning. In Africa, where the relative unimportance of state law is at least as marked as anywhere else, other social orderings cannot realistically be overlooked. 39 The Development of Administrative Structures Zambia is a product of greed and conquest by the powerful, and of the weak seeking a haven for peace and security. The dispersal from the north, which involved the Lozi, Bemba, Lunda and other tribes, was largely precipitated by smaller chieftaincies seeking independence. However, the migration of the Ngoni and the Kololo from the south was for the search of a sanctuary. The coming of Europeans brought another dimension to the history of Territory. Their conquest of the Territory was for economic reasons: to find raw materials to keep the wheels of the factories in Europe turning and good land to settle the landless people of Europe. The realisation of the economic objective was possible only if both internal and external threats to British presence in the area were taken care of. The internal threats were addressed through the power of the pen, like in the case of the Litunga of Barotseland, and through the power of the sword as against the Ngoni. The motivating force was the greed of the private entrepreneurs. The role of the Imperial Government was merely that of protecting the interests of its citizens when threatened by another imperial power or forces within the Territory. The history of Northern Rhodesia is also a history of two competing cultures, one claiming superiority over the other. The Europeans came with new ideas about social formations. All the existing tribal groupings were broken down and made part of one heterogeneous society curved out of the entire continent without regard to history, customs and origins. The impact of Western colonial rule is still indelibly imprinted in Zambia decades after independence. As Europeans moved into the non-Western world, north of the Zambezi, as traders, merchants, missionaries and adventurers, they carried with them expectations that all societies should be properly organised as states possessing attributes of sovereignty and adhering to rule of law. 0 This was not the case in the area, which became known as Northern Rhodesia. After the establishment of settlements, Europeans insisted that human relations, and more particularly the management of disputes, should fall under explicit and universally based laws. 21 To make life much more amiable 20Lucian W. Pye, â€Å"Law and the Dilemma of Stability and Change in the Modernization Process,† Vanderbilt Law Review 17 (1963), 24-25. 21Ibid. 40 they started building the state structures. The administrative structures, which emerged, made up the constitutional structures for the Territory. 2 The Making of Northern Rhodesia As a geographical unit, Zambia was created through the initiative of Britain during the partition of Africa. Following the examples of other European powers at the time in staking claims to large territories in the Africa, Britain was keen to extend sovereignty north of South Africa. Little effort was necessary to persuade the Crown to grant John Cecil Rhodes, at his request, a Charter incorporating the British South Africa Company, which was to pursue British interests in the area. This Charter was granted in 1889. The Charter empowered the Company to acquire territories through concessions, agreements and treaties by or with indigenous rulers and administer it without any financial assistance from the British Government. The Company’s field of operation was defined to be the territory north of the Crown colony of British Bechuanaland and of the Transvaal and west of the Portuguese possessions in East Africa. Rhodes sent agents to conclude treaties with local rulers. Through such treaties and conquests of the more militant tribes, Rhodes effectively asserted his, and ultimately British presence. It now remained for Britain to secure the agreements of other European powers in accordance with the terms of the Berlin conference of 1884 1885. This was done through a series of treaties, which collectively determined the present border of Zambia. The name â€Å"Rhodesia† was first used to refer to the territories (obtained by Rhodes) in 1895. It was officially approved in 1897, by the British Government. In 1895, due to its vastness the territory was, administratively, divided by the BSA Company into two: North-Western Rhodesia and North-Eastern Rhodesia. Both of them were being administered by the Company under the supervision of the British High Commissioners in South Africa and Nysaland respectively. At the time, a few outposts of administration were being established in the sparsely populated territories. In 1899 and 1900, two very important Orders in council were promulgated. The Orders, the Barotse North-Western Rhodesia Order in council and the North-Eastern Rhodesia Order in council, clarified the provisions relating to 22See H. F. Morris and J. S. Read, Indirect Rule and the Search for justice, (1972), 287, quoted n Filip Reyjents, Authoritarianism in Francophone Africa from the Colonial to the Post Colonial State, Third World legal Studies 1988, p. 59. 41 the administration of the two territories to which they referred and also established the territories as â€Å"colonial protectorates†. Under the North-Eastern Rhodesia Order in Council, 1900 North Eastern Rhodesia was to be administered by an ‘administratorâ €™, appointed by the Company with the approval of the Secretary of State for Colonies. The administrator was empowered to make regulations for the administration of justice, the raising of revenue and generally for â€Å" he peace order and good government†. These regulations had to be approved by Her Majesty’s Commissioner for the British Central African Protectorate (Nyasaland now Malawi) and could be disallowed by the Secretary of State. The Commissioner himself could initiate legislation termed â€Å"Queen’s Regulations†. Under the North-Western Rhodesia Order in Council, 1899, the British Government retained firmer control in North-Western Rhodesia through the High Commissioner in South Africa because of the unresolved issue of the western border of the territory with the Portuguese territory of Angola. The issue was not resolved until 1905. The High Commissioner had the power to legislate by proclamation. The Company had administrative powers, which were exercise through an administrator. Developments in the two areas indicated that they would best be administered as one territory. In 1911, Barotse North-Western Rhodesia and North-Eastern Rhodesia were merged to form Northern Rhodesia. The Company retained its administrative authority in the new territory. It was empowered to appoint an administrator for the territory, subject to the approval of the Secretary of State. The legislative authority, which was to be exercised by proclamations, remained in the High Commissioner in South Africa. This arrangements prevailed until 1924 when company rule was terminated. Administration of Justice (a) Developments Under Company Rule: The major concern of the settlers was to establish structures for the settlement of disputes. Amongst the first institutions to be established in the territory were the courts. The major task of the Company was to establish the basic instruments of government administration. The judicial functions of the government were undeveloped. Nonetheless, the legislative framework for the establishment of courts was already in existence. The Africa Order in Council of 1889, provided that every person holding Her Majesty’s Commission as a Consul-General should, if so authorised by the Secretary of State, form a consular court. This Order in Council even provided a code for criminal and civil procedure. In the event, it was not found 42 necessary to establish any consular courts as reliance was placed upon the second method of establishing courts: the Charter of the British South Africa Company itself. One of the fundamental principles which was to be respected in the administration of justice was the need to differentiate between the indigenous people and the immigrants. Section 14 of the Charter directed the Company to have â€Å"careful regard† to the laws and customs of the local tribes. Thus, the courts which were established were limited in their jurisdictions to give effect to this principle. Between 1899 and 1909, two hierarchies of courts were established in Barotse North-Western Rhodesia and North-Eastern Rhodesia. Each consisted of a High Court, Magistrates’ courts, the Administrators Court and Native Commissioners Courts. The High Courts were courts of unlimited jurisdiction and administered English law and local enactment, except in civil cases between Africans, when they were required to administer African customary law. The Administrators Courts also had similar jurisdiction as the High Court. They were introduced to enable the Administrators of the territories to have a role in the administration of justice. The Magistrates’ Courts were courts of first instance with limited jurisdiction. They were mainly concerned with adjudicating over disputes between white settlers and with administering criminal law. The law administered in these courts was English law. The Native Commissioners courts were established in order to administer African customary law between natives. All the judges and the members of the other courts were nominated by the Company but appointed by the British High Commissioner in South Africa. They were amenable to dismissal as well. Although existing African traditional courts were not officially recognised, some limited protection was extended to customary law. First by the Barotse North-Western Rhodesia Order 1899 and later by the North-Eastern Rhodesia Order 1900, which for the first time invoked the repugnancy clause. This clause provided that customary law be to be administered so far it was not â€Å"repugnant to natural justice or morality† or to any statutory law. Two systems of courts were established in each of the two territories by 1909. One system administered English law and statutory law between Europeans in civil cases. It also administered English penal law for all the inhabitants of the territory. The other system administered African customary law in civil cases between Africans. In 1911, when it was decided to combine North-Western Rhodesia and NorthEastern Rhodesia into a single country, it also became necessary to re-organise 3 the judicial system. However, as there also existed two well-established judicial systems, few changes were necessary beyond merging the two systems into one. There emerged a High Court of unlimited original and appellate jurisdiction, magistrates’ courts and native commissioners’ courts. The Administrator’s court was abolished. High Court judges were henceforth appointed by the Secretary of State in Britain. The officers in lower courts were appointed by the Company. Between 1911 and 1924, only minor changes effected to the judicial system and none of these affected the judicial system or its basic structure. b) Developments During Direct British Administration: During the early part of the 1920’s it became apparent, Northern Rhodesia was becoming too costly and complicated a territory to be administered by a company. In 1924, the company relinquished its powers in favour of direct British rule. The 1911 Northern Rhodesia Order was revoked and in its place was promulgated the Northern Rhodesia Order in Council, 1924 and the Northern Rhodesia (Legislative Council) Order in Council, 1924, and the Royal Instructions to the Governor of 1924. These three documents together constituted the basic constitutional instruments of Northern Rhodesia. The Northern Rhodesia Order established the office of Governor, to represent the Crown. He was assisted by an executive council, the members of which were appointed by the Crown and served at his pleasure. In accordance with the â€Å"colonial protectorate† status of the territory, constituent power remained in the Crown and was exercised through Orders in Council made under the Foreign Jurisdictions Acts of 1890 and 1913. However, for the purpose of enacting laws to facilitate the administration of the country, a legislative council, dominated by (appointed) officials, was established. This council exercised its legislative power through the enactment of ordinances. The change from company rule to direct British rule did not necessitate radical changes to the judicial system. The changes made merely reflected change-over to colonial rule. The power to determine the number of judges and magistrates in the country and to appoint them subject, in the case of judges, to such instructions as the Crown might give was vested in the Governor. There were also provisions permitting appeals from the High Court to the Privy Council. In 1938, it was decided to establish a court of appeal for the three British colonies in central Africa, comparable to the East African Court of Appeal and Court of Appeal for West Africa. This Court was called the Court of Appeal 44 for Rhodesia and Nyasaland. The court was established under Ordinance No. 35 of 1938. It became the highest court for the three territories in criminal cases but provisions were included for further appeals to the Privy Council in civil cases. Meanwhile, the important issue of how best to administer the affairs of Africans was receiving much attention. It was decided soon after the assumption of direct British administration to extend the famous principles of indirect rule, to the territory. This principle, which had already been applied in other British colonies, entailed the use of existing African institutions to effect colonial rule, thereby minimizing both the antagonism of the people and expenditure. Indirect rule was implemented in Northern Rhodesia by establishing native authorities and recognising native courts. Native authorities were established in all areas of the territory nd were vested with minimal local government powers such as taxation and policing. Native courts were first recognised by statute in 1929, with the enactment of the Native Courts Ordinance. Under this ordinance, the Governor was empowered to constitute any â€Å"chief, headman, elder or council of elders† in any area into a native court. This did not, however, prevent the exercise of judicial powers by those who already did so in their own com munities. The Native Courts established under this Ordinance were separate from the rest of the judiciary: the High Court and the magistrates courts. No appeals lay from the Native Courts to the Magistrates’ Court or to the High Court. Nevertheless, there were already in existence some Native Commissioner’s Courts. These assumed the role of appellate courts in relation to the Native Courts. Native courts were only empowered to administer customary law and to adjudicate over civil cases in which the parties included Africans. In 1936, it was deemed necessary to clarify the status and jurisdictional limitation of native courts. This was done by the enactment of the Native Courts Ordinance 1936 and the Barotse Native Courts Ordinance 1936. Apart from these changes, which enabled the Government to establish a number of native courts covering the whole territory, this system of administering justice remained in force until 1966. (c) Developments During the Federation of Rhodesia and Nysaland: Even before the Second World War, two issues were to dominate Northern Rhodesian politics and determine its constitutional development: the demand by African nationalists for majority rule and/or self-determination and the campaign by white settlers for closer association or amalgamation with 45 Southern Rhodesia. As early as 1929, the Hilton Young Commission advised that: In the present state of communications the main interests of Nyasaland and Northern Rhodesia, economic and political, lie not in association with the eastern African territories, but rather with the self-governing colony of Southern Rhodesia. In 1938, the Bledisloe Commission was appointed to â€Å"explore the feasibility of closer association between the two Rhodesias and Nyasaland. † The Commission also endorsed the idea of closer association between the three territories, but did not recommend immediate steps in that irection. Nonetheless, consultations continued between white politicians in Northern Rhodesia and Southern Rhodesia and the British Government. Finally, at a conference held at Victoria Falls, in Northern Rhodesia, in 1951, a firm decision was arrived at recommending to the British Government the establishment of a federation in Central Africa. This recommendation was accepted. The Federation of Rhodes ia and Nyasaland Act, enacted by the British Parliament in 1953, authorised the Queen to establish such a federation. In the same year, the Federation of Rhodesia and Nyasaland (Constitution) Order in Council joined the three territories to form the Federation of Rhodesia and Nyasaland. Under the federal scheme, the three territories retained their respective statuses: Northern Rhodesia and Nyasaland remained protectorates, while Southern Rhodesia remained a colony. The Constitution provided for the office of a Governor-General, appointed by the Crown. He was the personal representative of the Crown. The Constitution also established a federal legislature of thirty-five members. This body had legislative power over certain matters exclusive of the territorial legislatures (the federal legislative list) and powers to legislate over other matters concurrently with the territorial legislatures. The establishment of the Federation had one important effect upon the judicial system of Zambia. The Federal Constitution established a Federal Supreme Court. The Court consisted of the Chief Justice, appointed by the Governor-General and between two and six judges, who were to include the Chief Justices of the three territories. Under Article 53 of the Constitution, the Supreme Court had exclusive jurisdiction over matters relating to the interpretation of the Constitution and matters in which the Federal Government was a party. The Supreme Court also had appellate jurisdiction from the High Courts of the three territories. Article 61 provided for appeals from the Supreme Court to the Judicial Committee of the Privy Council. 46 The idea of establishing the Federation of Rhodesia and Nyasaland was not supported by all the sectors of the population. The Africans of Northern Rhodesia, in particular, had vehemently opposed any form of association with Southern Rhodesia. Instead, they had campaigned for reforms to the electoral law to introduce universal adult suffrage. As African political parties were formed Africans began to demand self-government and independence from British rule. The decade 1953 to 1963 was volatile in Northern Rhodesia. The many factors of that era culminated in a general election, based on one man one vote, in 1962, which was won by the United National Independence Party, led by Kenneth Kaunda. He formed a coalition government with the African National Congress in 1963. The Federation was dissolved in that year. In 1964, under yet another constitution, fresh elections were held which were won outright by the United National Independence Party. This Party formed the first Government when Northern Rhodesia was granted independence in October 1964. (d) Developments After Independence: The new constitution provided for a popularly elected executive President who was also the Head of State. It also provided for a Vice-President and a cabinet appointed from among the members of the National Assembly. The legislative power was vested in a Parliament consisting of the President and single chamber National Assembly. The Assembly consisted of seventy-five elected members, not more than five nominated members nominated by the President and a Speaker. The legislative power was exercised through Bills passed by the National Assembly and assented to by the President. Enactments were termed â€Å"Acts of Parliament†. Quite expectedly, independence brought about some changes in the judicial system of Zambia. The dissolution of the Federation of Rhodesia and Nyasaland ended the Federal Supreme Court. Within Zambia, the January 1964 Constitution established a Court of Appeal with unlimited appellate jurisdiction. The Independence Constitution also provided for a Court of Appeal consisting the Chief Justice, one Justice of Appeal and other puisne judges. The Constitution also empowered the President to declare that the Judicial Committee of the Privy Council should be an appeal court for the Republic. The President never exercised this power and the provision was not repeated in the 1973 Constitution. The Independence Constitution created a Judicial Service Commission under the chairmanship of the Chief Justice. The Constitution conferred advisory and executive functions over appointments to judicial offices upon the 7 commission. The provisions relating to the Judicial Service Commission were substantially retained under the 1973 constitution. The subordinate courts were retained by and large in their old form even after independence. Various aspects of the Subordinate Courts had undergone changes since the enactment of the Subordinate Courts Act in 1934. The changes related mostly to jurisdi ction and other related matters, and did not affect the basic structure and status of these courts. After 1964, the notable change was in the manner of appointing magistrates. They were to be appointed by the Judicial Service Commission. Some radical changes were made at the level of the Native Courts. The general feeling at the time was that Native Courts had to be integrated in the judiciary. The first step came in the form of provision that appointments of the Native Courts’ presiding justices were henceforth to be made by the Judicial Service Commission. Meanwhile, initiatives were underway for the enactment of a new statute to provide for Native Courts. The Local Courts Act was enacted in 1966. It repealed the Native Courts Ordinance and the Barotse Native Courts Ordinance. It constituted Local Courts in place of Native Courts. It provided for appeals from Local Courts to Magistrates’ Courts. The 1966 Local Courts Act was aimed at integrating the Local Courts into the judiciary to produce one hierarchy of courts instead of two. The introduction of the one-party system did not bring about major changes in the judicial system of Zambia. It did, however, bring about one important change. The Court of Appeal was abolished and in its place, a Supreme Court was established. Very little has changed in the judiciary even after the introduction of the Constitution of 1991. The same is true even after the enactment of the Constitution amendment Act No. 18 of 1996. Before concluding this part, it is important to summarise the judicial system in place today. The Supreme Court of Zambia, established under Article 91 of the Constitution is the highest court in the country. It is a court of unlimited appellate jurisdiction. It consists of the Chief Justice, the Deputy Chief Justice and seven appeal judges or such greater number as may be prescribed in an Act of Parliament. The High Court of Zambia is the second highest court. It is a court of unlimited original and appellate jurisdiction, except for matters specifically reserved for the Industrial and Labour Relations Court and has original jurisdiction over all civil and criminal matters. The High Court consists of the Chief Justice (ex-officio) and such number of puisne judges as may be determined in an Act of Parliament. The High Court also has supervisory powers over all proceedings in all the courts subordinate to it. 48 The Constitutional Amendment Act No. 18 of 1996 has introduced an interesting development in the number of courts for the Republic. The Industrial Relations, which was from its inception a tribunal is now, became part of the Judicature of Zambia. The real benefits of this change are hard to see, but the most immediate problem has been confusion between the powers of the High Court and that of the Industrial Relations. Furthermore, whereas the role of the Industrial Relations Court is to do substantial justice, there is a steady departure from this guiding principle. The Industrial Relations Court has become more and more legalistic in its determination of cases although, as an institution, is it ill-equipped for this role. Cases are determined not on the basis of the facts of the case or in order to do substantial justice, but because there are legal precedents to that effect especially those from the Supreme Court. The other courts down the hierarchy are the subordinate courts. These are provided for under the Subordinate Courts Act. They are presided over by magistrates. Both the courts and the magistrates are divided into classes, and the relationship of the various classes of magistrates to the various classes of subordinate courts is clearly stated by Section 3 of the Act. There shall be and are hereby constituted courts subordinate to the High Court in each district as follows: (i) A Subordinate Court of the first class to be presided over by a Senior Resident magistrate, Resident Magistrate or a magistrate of the first class; (ii) a Subordinate Court of the second class to be presided over by a magistrate of the second class; (iii)a Subordinate Court of the third class to be presided over by a magistrate of the third class. The jurisdiction of each subordinate court is limited both territorially and substantively on a graduating scale depending on the class of the court and the magistrate. Subordinate courts also have appellate jurisdiction to hear appeals from local courts. Finally, at the bottom of the hierarchy of courts are the Local Courts, established under the Local Courts Act 1966. They are presided over by Local Court presidents. Their jurisdiction is limited both territorially and in terms of the substantive law. With regard to the latter, the statute provides that they may only administer African customary law and such other statutory laws as may be explicitly extended to them.

Internment essays

Internment essays One of the military ¹s largest undertakings during WWII was the mass evacuation of people of Japanese ancestry on the West Coast of the United States. This stretched from Washington to Oregon and down to southern California. The decision to evacuate the Japanese was one made at the highest level†¹by the President of the United States, who was acting as Commander in Chief.[3 pp.6] What military plans and recommend- ations lay behind this decision? What alternatives was the President presented? To what extent was his decision based on military considerations? Initial plans for evacuation of suspected people from strategic areas along the West Coast concerned enemy aliens of all three Axis nations: Germany, Italy, and Japan rather than people of Japanese ancestry alone. The census in 1940 showed that out of a total of 126,947in the United States, 112,353 Japanese were living in the three Pacific states. California had 93,717 Japanese, or nearly three fourths of the national total. Out of the west coast Japanese, 40,869 were aliens (called Issei) ineligible for citizenship through naturalization proceedings, and 71,484 were American-born (called Nisei) and therefore U.S. citizens. For several decades the Japanese population had been the target of hostility and restrictive action and the bombing of Pearl Harbor just added fuel to the fire. [6 pp.20-25] During the first few days after the Pearl Harbor attack the west coast was alarmed by a number of reports (all false) about enemy ships off shore. It was in the midst of this atmosphere that the first proposal for a mass evacuation of the Japanese developed. On December 1, a treasury agent reported to Army authorities that "an estimated 20,000 Japanese in the San Francisco area were ready for organized action." Without checking the authenticity of the report, the Ninth Corps Area staff worked on a plan for evacuation, which was then approved by the corps area commander....

The Battle of Blair Mountain Research Paper Example | Topics and Well Written Essays - 1500 words

The Battle of Blair Mountain - Research Paper Example Most importantly, the company provided houses from which the family could be forcibly evicted in the event of a miner joining unions, being killed or injured. Union activity was monitored by Baldwin-Felts detectives and other coal company agents4. The Mine Wars began in 1912, with the Paint Creek – Cabin Creek strike, demanding company recognition of the UMWA. Further attempts at unionization led to a spate of violence and armed conflict between the miners on one side and state police, mine guards and strikebreakers on the other. The next flashpoint was the Battle of the Tug in Mingo County in May 1920. This exacerbated into a gunfight on May 19 in Matewan between Baldwin-Felts agents on an eviction drive and the town officials led by the mayor and Police Chief Sid Hatfield. The mayor, three townspeople and six detectives were killed. Unionization and company opposition grew increasingly violent, with both sides building up arsenals and engaging in guerilla-like warfare. In re taliation for Matewan, the agency killed Sid Hatfield and his deputy on 1 August, 1920. Hatfield’s murder galvanized the miners and was the direct spark for the Battle of Blair Mountain5. The outraged miners began to gather near Charleston on 7 August. Bill Blizzard, Frank Keeney and Fred Mooney of the District 17 UMWA organized about 600 armed miners for a march though three counties, in order to demonstrate the solidarity of the mine workers and to drive out the company gunmen who continued to harass them. Keeney recruited additional miners over the following two weeks for a 65-mile march to Logan County, the coal company stronghold. At the same time, the Logan Coal Operators’ Association paid Logan County Sheriff Don... This research paper discusses the events of the Battle of Blair Mountain, which was the largest labor insurrection in American history. An understanding of this incident, which is widely acknowledged to be â€Å"the most brutal confrontation in the history of the American labor movement †, requires the study of the background of the coal mining industry in America. The burgeoning iron, steel and railroad industries required coal for their development and coal mining was central to America’s industrial growth. The coal mining industry was highly labor intensive, had hazardous work conditions and yielded relatively low returns on investment. In the race to increase production and profitability, coal companies disregarded safety concerns, resulting in frequent fatal accidents in mines. Growing activism saw the United Mine Workers of America (UMWA) gain a footing in the mines of Pennsylvania and other states by the end of the nineteenth century. The early twentieth century witnessed the attempts of the coal miners of southern West Virginia to unionize in the face of violent opposition. This resulted in The Mine Wars (1912-1922), which culminated in the Battle of Blair Mountain in 1921. The causes of the battle, the confrontation and the aftermath demonstrate that Blair Mountain is a milestone in the American labor movement. Blair Mountain is a symbol of â€Å"freedom of speech and assembly, freedom from the industrial feudalism of company towns, and freedom from the terrorism inflicted by the operators hired gunmen †.