Punishment In Islamic Law

Punishment In Islamic Law Introduction In every society, security and stability are basic needs no less important than other needs like food and clothing. Travis Hirschi propounded a theory of social control that emphasizes on the role of society in the control of criminal behaviour  [1]  . It specifies the fact that no society can afford to denounce criminal activity without duly accepting its responsibility towards the same. In other words the theory of social control elaborates on the onus that is shared by society and devised control mechanisms to ensure a safe social arena, one that is devoid of any type of delinquency. Man have been conscious of the need for security since the beginning of life and with the formation and evolution of society, we now have what is known as the establishment of the state or government and the formation of laws. The development of these man-made laws did not come to completion except in the last few centuries after a long experience of trial and error  [2]  . On the other hand, the Law of Islam that was sent down to Muhammad in Allahs (SWT) final message to mankind has paid careful attention to this matter and has come with a complete legal system. Taking into consideration the changing circumstances of society as well as the consistency and permanence of human nature, it contains comprehensive principles and general rules suitable for dealing with all the problems and circumstances that life may bring in any time or place. Likewise it has set down punishments for certain crimes that are not affected by changing conditions and circumstances. In this way Islamic Law combines between stability, flexibility and firmness  [3]  . Punishment in general Punishment is defined as the act of punishing or the process of being punished  [4]  . Theories of punishment can be divided into two general philosophies, the utilitarian theory and the retributive theory. The utilitarian theory of punishment aims at punishing offenders to discourage or deter future wrongdoing. The purpose of punishment is to act as an example to the rest of society and put others on notice that criminal behaviour will not be tolerated and will be punished. The retributive theory on the other hand seeks to punish offenders because they deserve to be punished. Punishments under Islamic Law As with all penal systems, the Islamic law system prescribes punishments when someone is found guilty of a wrongdoing. The philosophy of punishments in Islam indicates that Islam provides punishment only as a last resort and the purpose behind it is reform brought about through a blending of human values and justice tempered with mercy. Punishments in Islam reflects its values where it puts the interest of the society before the interest of an individual  [5]  . The punishment can be severe depending on the crime but have to abide with strict rules and have prominent features  [6]  . Some of the features of punishment are as follows  [7]  :- Punishments are meant to be a last resort; Punishments are made to be examples to the public; Punishment are to reform an offender; Punishments are a form of retribution for the victim. The punishment system in Islam is aimed towards the three dimension of any crime being the criminal, society and the victim. To criminals punishment is kaffara (purification) and reforming for the re-acceptance into society. To society on the other hand, punishment is a preventive method to save society from crimes and finally to victims, punishment is a means of retribution. Punishments in Islamic Law were set down to protect and secure the ultimate five elements of peoples interests: al-dharuriyat (necessities). These are deen (belief), an-Nafis (life), al-aqil (intellect), al-mal (wealth) and an-nasil (family and lineage). The types of punishment There are four categories of punishment that criminals may be subjected to, namely, Hadd (literally meaning boundaries), Qisas (retribution) and Diyat (blood money), Tazir (chastisement) and Mukhalafat (which covers areas of the rights of the state). Hadd Hadd (plural hudud) literally means boundaries or prohibition  [8]  . It is considered to be the most severe of crimes as they go against Gods will and punishments for these crimes are fixed as they have been prescribed by Allah (SWT) in the Holy Quran  [9]  . The seven offences prescribed are zina (illicit sexual relations), qazaf (false accusation of zina), sariqah (theft), hirabah (highway robbery), shrub al-khamr (consumption of alcohol), riddah (apostasy), and baghy (rebellion against the government). These offences appear to have been selected to indicate that life, family institution, property, honour and social order have to be protected. Evidence for these crimes have to be provided by abiding to stringent rules thus, making conviction difficult  [10]  . If the crime is proven, offenders for these crimes are punished in public as a measure of deterrence  [11]  . However it is only carried out as a last resort after a thorough effort at reforming the person ha s totally failed. For example, riddah, where a Muslim renounces his or her faith, it is treated as treason. A mandatory punishment has been set for this offense. Males face beheading, while females face imprisonment until the time where they renounce their new belief and revert to the teachings of Islam. However, every effort is made to allow the male offender to revert to Islam including receiving visits of religious officials before the punishment is inflicted.  [12]   The punishments that have been set and have to be carried out if all criteria for evidence have been satisfactorily met for the rest of the offences prescribed above are  [13]  : Zina A married individual would face death by stoning while an unmarried person would face 100 lashes. Qazaf 80 lashes are mandatory for a free person while slaves face 40 lashes Sariqah A first time offender faces amputation of one hand at the wrist, a second time offender faces amputation of the second hand while a third time offender face either amputation at the ankle or imprisonment until the individual repents. Hirabah If death is caused, the offender faces death by beheading. If no death occurs, the offender faces cross-limb amputation. If the offender is arrested before commission, he is imprisoned until repentance. Shrub al-khamr 80 lashes are mandatory for a free person while 40 lashes are mandatory for slaves or those in the Shafii school Baghy Death is imposed for those who fight and are captured. However, tazir punishments are for those who are arrested or surrender. Looking at the punishments set out above, it appears as very severe and harsh but the main purpose of hudud punishments is to deter the commission of crime in the very first place. Taking the example of sariqa (theft), Allah SWT proclaims, As to the thief, male or female cut off his or her hands, a punishment by way of example, from God, for their crime: and God is Exalted in power  [14]  . Islam does not tolerate theft as it deprives a person of their hard earned money and belongings. Looking at the above verse, it is clear that the intention to punish the offender is to set an example for the rest of society that an act of stealing will not be condoned or accepted by God. What hudud seeks to bring is peace and order and disciplined behaviour as people would seriously consider their actions to do an evil deed as they know the punishment that awaits them is severe. This is the wisdom of hudud. But this is not to say that under Islamic Law, at the slightest chance available, punishment will be imposed. On the contrary, punishments would only be imposed as a last resort where all the conditions and elements of the crime have been satisfied. Qisas Diyat Another feature of Islamic Law is the right of retribution (Qisas). The concept of retribution is explained in the Holy Quran as follows: The recompense for an injury is an injury equal thereto (in degree), but if a person forgives and makes reconciliation, his reward is due from God, for (God) loveth not those who do wrong.  [15]   In simple terms, Qisas follows the doctrine of an eye for an eye, where the punishment is similar to the crime. As Qisas is usually reserved for crimes that involve homicide or bodily harm, for a crime of homicide, the punishment would be death while a crime involving bodily harm, the punishment would be to inflict an injury comparable to the harm caused. A unique feature of the punishment of these crimes is that the victim is able to request for punishment or to forgive the offender  [16]  . The victim may also request for diyat (blood money), a form of compensation paid by the offender to the victim, the amount of which has to be equal to the loss incurred and not more. In a hadith narrated by Imam Nissai it mentions that every part of the body has blood money, for example the blood money for the eyes is the equivalent of 50 camels, etc  [17]  . Tazir Tazir punishments are discretionary punishments that do not fall under the jurisdiction of hudud or qisas and cannot be used as an alternative to these punishments. Tazir can, however, be used if a crime has been committed but has not met the standards of hudud or if the offender has been pardoned by the victim. They are the most flexible type of punishment because they take into account the needs of society and changing social conditions. It is also flexible enough to realize the maximum general benefit to society, effectively reform the criminal and reduce the harm that was caused. The punishments may range from anywhere between a warning to death. One famous example happened in the time of Umar ibn al-Khattab (ra), where he punished a scholar who gave false testimony. He ordered that the scholar should have his head shaved, his face painted black, and he paraded semi-clothed in front of people while sitting backwards on a donkey  [18]  . But the punishment can be just as severe as the punishments under hudud. The power to punish is given to the judge or to the legal authorities. The purpose of tazir is to prevent an offender from repeating the offence or to incline a person to fulfil his or her duty. A number of factors go into choosing the appropriate punishment under tazir one of which is the situation of the offender where aspects such as the social status of the offender as it is believed those from the commoners require harsher punishment to reform than those in higher classes. It has to also be determined if the offender has committed similar crimes in the past, making the punishment individualized.  [19]   Mukhalafat This covers the areas of the rights of the state. A person or group contravenes a law which the state has enacted such as exceeding the speed limit or parking in no parking areas. The punishment imposed is at the discretion of the judge or the legal authorities. Kaffarah If a person who has not fulfilled their duty (such as not fasting or performing prayers), the individual is required to pay kaffarah or penance. It is not meant to be a punishment rather it is a reminder of their obligations. There are three forms of kaffarah which are offering a sacrifice, feeding six orphans or the poor and performing fast for three days.  [20]  The kaffarah that needs to be performed depends on the violation that had occurred.  [21]  It is interesting to note that the crime here is not one which is against the state or another individual but is a failure to fulfil ones duty or obligations under Islam of which there are also punishments prescribed. Punishment as a last resort Severity of punishments as a form of prevention and deterrence The ultimate aim for a Muslim society is that its citizens do not commit crimes at all and so there should be no occasion to resort to extreme punishments like the amputation of the hand in cases of theft or flogging or being stoned to death in cases of zina. The very thought of watching someone lose a hand for committing theft is definitely unpleasant and considered harsh which is why it is not surprising that hudud punishments often make the headlines in the media due to its severity. However the severity of the punishment is to serve as a prevention and deterrence from committing these crimes in the first place. It is better to be severe to one and save a thousand than to be indulgent to all and ruin many. Allah SWT is certainly a good surgeon who does not hesitate to amputate a rotten limb to save the whole body  [22]  . Just imagine if you see someone walking around with only one hand because he was punished under hudud for stealing, you would keep away from such person. Thi s indirectly causes stigmatization for the offender as society would not want to be associated with an offender. This is another motivating factor to desist from committing the crime. Further, just because punishments under Islamic Law are seen to be harsh, it does not necessarily make them unjust. According to Abdur-Rahman.Doi  [23]  , incidences of cutting off the hands are rare in an Islamic society for two reasons. Firstly, statistically speaking, the simple enforcement of hudud punishment itself has a significant deterring effect on potential offenders which inadvertently reduces the crime rate in a society administered by Shariah. He cites the example of Saudi Arabia (in spite of the distorted ideology of its government) in recent times and the era of the first generation of Muslims more than fourteen hundred years ago  [24]  . Secondly, the procedure in seeking conviction of an alleged offender is so elaborate and strict and involves a host of exceptions and conditions, as a result of which in most cases the offenders punishment is reduced from the level of Hadd to Tazir, where the judgement is left to the discretion of the judge. Fear of Allah (SWT) and accountability in the Hereafter According to Muslim jurists, punishments are designed to keep the sense of justice alive in the community by a public repudiation of the acts violating the limits set by God. They are expected to build up in the society a deep feeling of abhorrence for transgression against fellow human beings and therefore against God, a transgression which according to the Quran is the root cause of all disorders and corruption in human life  [25]  . Hence severe punishments are imposed for purposes of dissuading most people from committing crimes. For this purpose it imbues the Muslims with the fear of Allah (SWT) and inculcates the sense of accountability in the Hereafter, as it is believed that punishment should be prevented as far as possible. When it is said to him, Fear God, he is led by arrogance to (more) crime. Enough for him is Hell;- and evil bed indeed (to lie on)!- Surah Al-Baqarah 2: 206 And fear the Day when ye shall be brought back to God. Then shall every soul be paid what it earned, and none shall be dealt with unjustly- Surah Al-Baqarah 2:281 Punishment is a necessary evil Abdur-Rahman Doi, in his encyclopaedic work Shariah: The Islamic Law makes an insightful observation that the Quran generally adopts the same word for punishment (retribution) as for the original crime  [26]  . Therefore, both crime and punishment are known as Sayyiah (evil). By using the same word for both crime and punishment, it implies that punishment although justified by circumstances is truly speaking nothing but a necessary evil  [27]  . This being the case, at the first instance where a crime has been committed, Islam seeks to forgive and reform the offender wherever possible. However, where it is clear that it is unlikely for the offender to reform or to mend his or her ways punishment would then be imposed as a last resort. Waiver of punishments in the presence of doubt Any shred of evidence that is doubtful or circumstantial will prevent punishment. It is narrated in the Seerah (life) of Muhammad (saw) how he would exert himself to avert the punishment when individuals asked for punishment to be implemented upon them  [28]  . It is narrated that Muhammad (saw) said, To free someone criminal mistakenly is better than to punish someone innocent mistakenly  [29]   Aisha narrated that the Prophet (peace be upon him) said : Ward off punishment as much as you can. If you find any way out for a Muslim then set him free. If the Imam makes a mistake in granting forgiveness, it is better for him than that he should commit a mistake in imposing punishment. Hence should there be even a single iota of doubt on the evidence, hudud punishment in such circumstances should not be imposed. An example of this is in the case of adultery (zina) where the testimonies of four eye witnesses are required to prove the crime. Allah SWT says, If any of your women are guilty of lewdness, take the evidence of four (reliable) witnesses from amongst you against them; and if they testify, confine them to houses until death do claim them, or God ordain for them some (other) way  [30]  . If there is a little doubt, no Hudud penalty is given at all, instead they will then be subject to the punishment of qadhf (false accusation). Hence, Hudud punishments are waived in the presence of doubt, and that benefit of the doubt is always given to the accused. The Right of Retribution Under Islamic law, it offers the aggrieved party the right of retribution. This right of retribution belongs to the individual, and not to the society or state. This simple shift in the responsibility brings about a profound change in the whole system of implementing justice. Instead of starting an irreversible process of trial and punishment which would involve a great deal of time and costs, Islamic law leaves the ground open for settlement between individuals, without the interference by impersonal bureaucratic machinery, though under no circumstances can the individual take the law into his or her own hands  [31]  . If we compare this with a country like Malaysia which has its own Criminal Laws enshrined under the Penal Code and the Criminal Procedure Code, where a person is a victim of theft or robbery for example, the action against the accused is brought by the state and not the victim. Also where all the elements of the crime are satisfied, the accused would be either imprisoned for a period which may extend to seven years, fined or in some cases to both imprisonment and fine. Under this criminal law system, the tax payer who may include the victim themselves would be burdened with taking care of the welfare of the accused whilst in prison. Fines paid are paid to the state and not to the victim who is actually the aggrieved party. It was only recently that Malaysia introduced the concept of victim impact statements in courts. This is an avenue provided to the victims of crimes to voice their feelings in relation to the offence committed against them of which the victim impact statements will be considered when imposing sentencing or punishment. Hence what is certain from the Malaysian Criminal Law system is that unlike the Islamic legal system upon the establishment of guilt and where the accused is found guilty of the crime, the imposition of punishment is definite and as a matter of first choice. The Concept of Forgiveness The concept of forgiveness is one of the main elements under the concept of punishment under Islamic law. In Islamic Law the wishes of the victim or his family is given an important role in deciding whether or not the punishment should be carried out. The victim is allowed to pardon the perpetrator because the punishment in crimes under Qisas is considered the right of the victim and is avoidable because whoever forgives and makes amends, his reward is due from Allahà ¢Ã¢â€š ¬Ã‚ ¦Ã‚  [32]  . The ideal way is not to seek revenge at all but reconciliation and to make the offender realize the gravity of his or her offence. The Concept of Tawbah The concept of tawbah is also another element of interest. If an individual does commit crime, Islam allows the individual to repent (tawbah) as Islam believes in awarding its believers a second chance. Tawbah brings the meaning of return from sin.  [33]  The concept of tawbah can be clearly seen to be encouraged in the Holy Quran through the verse, But if the thief repents after his crime, and amends his conduct, God turneth to him in forgiveness: for God is Oft-forgiving, Most Merciful  [34]  ; and Except those who repent and make amends and openly declare (the Truth): to them I turn for I am Oft-returning, Most Merciful- Surah Al Baqarah 2:160. One is said to have repented if there is a feeling of genuine remorse, shame and resolve to not repeat the crime.  [35]  Where a person has repented before being caught or arrested, the effect of this is that it can remit the hadd punishment. Islams approach towards crime prevention Islam has looked towards crime prevention more than punishing the criminal. This is akin to the English saying Prevention is better than cure. For this purpose Islam has prescribed preventative measures that are to be taken in order to curb crime in the society. Some of the key measures that are thought to help members of the society to resist the urge to commit crimes  [36]  are as follows:- Moral Development and pre-crime reform Self purification is one of the main goals of the Prophets (peace be upon him) mission  [37]  . In Surah Al- Baqarah 2: 112 it says, Nay,- whoever submits his whole self to God and is a doer of good,- he will get his reward with his Lord; on such shall be no fear, nor shall they grieve. The teachings of Allah aim towards performing what is good and abstaining from harm. When the individuals heart is with the Almighty God, he does not allow for his ego to control his mind and its animal demands, so indirectly one abstains from committing crimes. It is also for this reason that Muslims are required to pray five times a day so as they are constantly reminded that there is an Almighty who created them and they should bow their head in total humbleness towards God. It is a collective mindful meditation that helps you not to forget who you are and where you belong. In a Muslim society Khurram Murad argued that every institution is value oriented and owes a responsibility towards the moral development of every person. Reform is therefore a pre-crime responsibility and not a post-crime syndrome  [38]  . Islamic Law makes an effort to ensure that the inducement to commit crime is minimal. This is for instance the reason behind the complete prohibition of consuming intoxicants and intense free-mixing of unrelated members of the opposite genders. Part of pre-crime reform involves development of an environment where preventive measures are already in place. Once the crime is committed however, the best place for reform is in the family and in society where a criminal is to live after the punishment and not in a prison where every inmate is a criminal  [39]  . While Shariah protects society by legislating punishments and preventative measures against crimes, it does not resort to punishment without first preparing for the individual a situation conducive to a virtuous life. It would be considered unjust from the standpoint of Shariah to allow a hazardous act, such as drinking alcohol and then punish a person for drinking while driving. Family Family is considered as the pillar of society. Children look up to their parents as the teachers of customs, practices and morality. Hence stable relationships between parents , spouses and children reduces the need for engaging in criminal activities. Research has shown that children from single parent homes, dysfunctional families, etc are usually involved in crime as a means to stay away from the problems at home or for purposes of seeking attention. Therefore a strong family bond coupled with religious and moral beliefs and teachings would not create a need for people to commit crimes. The fight against poverty This refers to the societys duty to help the poor (in the way of zakat) as poverty is said to be one of the reasons behind the occurrence of crime. The Holy Quran has introduced zakat as one of the good deeds which leads to the purification and development. In Surah Al-Baqarah 2 :110, it provides, And be steadfast in prayer and regular in charity: and whatever good ye send forth for your souls before you, ye shall find it with God: for God sees well all that ye do. In a Muslim state, every individual is entitled to social security through the public treasury where funds are collected from various sources including the obligatory annual payment of zakat. Where a citizen is driven by force of circumstances since he could not earn his living for himself or his family due to lack of employment opportunities or was not taken care of by the central treasury, the society and government will be considered at fault and no hudud punishment will be imposed on the accused. It is keeping with this principle that Umar bin-al-Khattab the second Caliph or ruler of Muslims after Prophet Muhammad (peace be upon him) did not apply the hudud punishment to those accused of theft during the period of famine in the state of Madinah  [40]  . Similarly, if a person is found stealing out of hunger or to fulfil his basic needs, then no punishment is meted out to him as it is deemed that the fault lies with society and government because it is their duty to see that no person is without means to support himself or his family with dignity. And in their wealth and possessions (was remembered) the right of the (needy), him who asked, and him who (for some reason) was prevented (from asking). Surah Al Dhariyat (51:19) In Malaysia for example, a mother who stole a tin of milk for purposes of feeding her child was sentenced to a days jail and imposed a RM500 fine in default of one months jail  [41]  . One tends to wonder looking at the sentence passed if the sentence imposed was compassionate and justified considering the circumstances that drove the mother to steal in the first place. Also if the mother had RM500, she would not need to resort to stealing in the very first place. Further being the sole breadwinner, in the event she is unable to pay the fine, then she would need to serve her one month prison sentence and risk being separated from her child. This is the implication of the stringent criminal laws in Malaysia. Conclusion To live in constant fear of being attacked or robbed is surely unacceptable state of affairs. The thoughts and ideas that are prevalent in the society around us affect the way people behave and in this society people are constantly motivated to increase their wealth and become prosperous. But when this is combined with the notion of freedom, people then put no limits for themselves on how to achieve these aims, and crime is a

Definition of abnormality essay

Revision Notes- Abnormality Definition of abnormality * Failure to function adequately- An assessment of an individual whose disability prevents them from pursing normal goals and activities. Rosenhan and Seligman (89)-7 characteristics; Suffering- most abnormal individuals report that they are suffering Maladaptiveness- danger to self (usually occurs as a result of lacking relevant knowledge and skill) Vivid/unconventional behaviour- ways in which abnormal individuals tend to behave often differs substantially from most people.Unpredictability/loss of control- the behaviour of abnormal people is often very variable, uncontrolled and inappropriate. Irrationality/ incomprehensibility- others cannot understand why anyone would choose to behave in this way Observer discomfort- social behaviour is governed by a number of unwritten norms or rules of behaviour (e. g. not standing too close to someone while talking) Violation of moral/Ideal standards- behaviour may be judged ‘abnormal ’ when it violates established more standard Evaluation * Criticised as it depends heavily on subjective assessments- e. g. eople who engage in behaviour that is maladaptive may not consider themselves to be abnormal (adrenaline sports). * Does not sufficiently differentiate abnormal behaviour from behaviour that is non-conformist. * Deviation from social norms-Behaviour that violates implicit and explicit rules and moral standards of a given society. Evaluation * Norms not fixed-change over time. * Abnormal, eccentric or criminal? * Role of context including culture * Risk of abuse * Deviation from mental ideal health- A deviation from the ideal characteristic that people should possess if they are to live optimally. Marie Jahoda’s 6 characteristics; Small- Self actualisation People-Personal growth In-Integration America-Autonomy Poo-Perception of reality Everywhere-Environment mastery Evaluation * Criticised for being subjective as it may differ from person to person and there may be no agreement between people as to what constitutes normal or ideal mental health. * Culture bound by Western ideals of self-fulfilment and individuality (culture relativism) * Most people may fail on some criteria Biological Model * Assumes that psychological and behavioural abnormalities have biological causes. Biological causes include genes, infection, neuro-anatomy and biochemistry. * Genetic concept-supported by Kendler et al. (85)-relatives with schizophrenia and Gottesman (91)-Identical twins * Infection that gets into the brain can cause widespread damage and if the brain is damaged then a person may start to have abnormal experiences or to behave in abnormal ways. (Flu is linked with schizophrenia- (Barr et al. (90)). * Bio-chemistry- Brain relies on hundreds of different chemicals all being in the correct balance.These chemicals (neurotransmitters and hormones) are used to send messages round the brain and nervous system, too much or too little of them ca n cause the brain to function abnormally. Schizophrenia has been associated with an excess activity in the neurotransmitter dopamine. * Neuro-anatomy- illustrates that schizophrenia is cause by abnormality in the structure of the brain; these abnormality could be inherited. Concept supported by the case study of Phineas Gage. Evaluation * Criticised for being reductionist as it simplifies complex behaviour to its simplest form. Deterministic- As you have no choice over your behaviour or the development of a mental disorder. * Ethical issue –Labelling someone mentally ill as Szaz illustrates that apart from identified disease of the brain, most so-called mental disorders are really problems of living. * Objective- Based on mature biological science. Biological treatments; Drugs- for anxiety, depression and schizophrenia ECT- for severe depression Psychosurgery- for severe anxiety and obsessive-compulsive disorders. Evaluation Drugs-sometimes effective but side effect, might tr eat only symptom and ethical issues. * ECT- quick and sometimes effective, used to prevent suicide, mode of action unclear and ethical issues * Psychosurgery- used as last resort and controversial. Psychodynamic Model * Signifies the existence of the unconscious. * Psychological disorders are cause by emotional problems in the unconscious mind, the cause of these problems can be traced back to early childhood and the relationship between the child and parents is a crucial factor of mental health. 3 main part to the concept; * The Id- present from birth and is the pleasure drive. The Ego- present from the age of 2 and deals with reality by balancing out the ego and superego. The Superego- present from the age of 5 and is morality (knowing the difference between right and wrong). * Defence Mechanisms- operates at an unconscious level and help ward off unpleasant feelings (i. e. anxiety) or make good things feel better for the individuals. 8 types of defence mechanisms; Displacement-re directing repressed desiresSublimation- transforming aggressive and sexual desires into a socially acceptable expression Projection- Attributing your own acceptable impulses or characteristic to someone else Denial-denying what happen Repression-involves putting unacceptable thoughts and experience into the unconscious Reaction formation- where a person goes beyond denial and behaves in the opposite way to which he or she thinks or feels Rationalisation- involves supplying a logical or rational reason as opposed to the real reason. helps to protect our sense of self-esteem) Regression- Involves returning to a pervious stage of development. Regression is the giving up of mature problems solving methods in favour of child-like approaches to fixing problems to deal with stress. * Psychosexual stage- suggest that if you receive too much or too little at one of the stages you will become fixated at the stage and regress back to it in later life. Evaluation * Psychodynamic model has been criticised as it is unscientific in its analysis of human behaviour. Psychodynamic model has been accused for being sexist as it proposes behaviour difference between men and women, especially women’s inferiority , are due to biology and not social and cultural factors, and so the difference are fixed and unalterable. * Deterministic- leaving little room for the idea of personal agency (i. e. free will) * Ethical issues- people are not to blame for their own abnormal behaviour, but may be partially responsible for the development of abnormal behaviour in their offspring. Treatment * Psychoanalysis- for anxiety disorders Dream analysisFree association-involves reading a list of words (e. g. mother, childhood etc. ) and the patient immediately responds with the first word that comes to mind. It is hoped that fragments of repressed memories will emerge in the course of free association. Ink blots * Found by Freud, who believed that people could be cured by making conscious their unconscious thoughts and motivations, thus gaining insight. * Psychoanalytic psychologist see psychological problems as rooted in the unconscious mind, typical causes include unresolved issues during development or repressed trauma. Evaluation The case study of Anna O (repressed traumatic experience of her father’s death) and Little Hans (young boy who developed a phobia for horses) supports the theory of psychoanalysis. * Psychoanalysis may speed up the rate at which clients get better. * The nature of Psychoanalysis creates a power imbalance between therapist and client that could raise ethical issues. * Psychoanalysis – tends to be expensive and time-consuming * Psychoanalysis is generally considered more appropriate for treating neurotic disorders such as anxiety, but it is less suitable for patients with psychotic disorders such as schizophrenia. Behaviourists’ criticism- behavioural approach to psychopathology think the abnormal behaviour is the disorder and so it is better to concentrate on changing the problem behaviour rather than spend time digging into distant childhood conflicts. Behavioural Model * Behavioural model approach focuses on the ‘behaviour’ of an individual in order to explain psychological problems. * Assumptions of the model- abnormal behaviour is maladaptive and what was learnt can be unlearnt by the same principle. Explains the emergence of specific, maladaptive, or dysfunctional behaviour such as phobia, anxiety and depression, through the process of classical conditioning, operant conditioning and social learning. * Classical conditioning- consist of three stages; Before conditioning- the unconditioned stimulus (UCS) produces an unconditioned response (UCR) in an organism. This stage also involves another stimulus which has no effect on a person and is called the neutral stimulus (NS). During conditioning- during this stage, a stimulus which produces no response (i. . neutral) is associated the U CS at which point it now becomes CS. After condition-the conditioned stimulus has been associated with the unconditioned stimulus to create a new conditioned response. * Watson and Rayner study on Little Albert supported the conditioning theory. Before conditioningLoud noise Fear/crying(UCS) (UR)During conditioning Loud noise (UCS) +Fear/crying (UCR)White rat (NS)After conditioning White rat (CS) Fear/crying (CR)| * Social learning theory-Behaviours are learned through imitation, that is, by observing others.Observational learning is particularly powerful for those who model the behaviour are seen to be rewarded. Some phobias such as fear of spiders are learnt by observing other people showing fear when they see spider. Mineka et al. study on monkey illustrates that fear is not genetically inherited as parents of the young monkeys who already feared snakes did not automatically acquire this fear themselves. However, when some monkeys did observer their parent showing fearful reactio n they did acquire an intense and persistent fear. Evaluation Behavioural model focuses on dealing with patients’ maladaptive behaviour derived or caused by their prior conditioning or reinforcement history. * Rejects role of genetic inheritance and the role of other psychological (cognitive and psychodynamic) factors in the development of psychological disorders. * Criticised for being reductionist- reduces all behaviour to simply learning by association, reinforcement, punishment and modelling. * Deterministic- complex human behaviour includes thinking, language, reasoning, problem solving, and feeling will probably need alternative explanations. Much evidence for behaviourism comes from laboratory studies with animal. To suggest this is demeaning to some people, they point to human behaviour as being governed more by thinking i. e. cognitive and emotional factors. * Abnormal behaviour is determined by external environmental factors e. g. conditioning history and social and cultural factors, so individuals cannot be held responsible for their behaviour. Treatment * Classical conditioning includes systematic desensitization and aversion therapy. * Systematic desensitization- a behavioural therapy used to treat phobias and anxieties.After being trained in relaxation techniques, the phobic person is gradually exposed to situations that are more and more anxiety-provoking, until the fear response is placed by one of relaxation. For example: Dog causing Fear Needs to be changed to Dog causing Calmness and relaxation (pleasant feeling) * Aversion therapy- a behavioural treatment that aims to rid the individual of an undesirable habit (e. g. smoking) by pairing the habit with unpleasant (aversive) consequences. For example: Emetic (drug) SickEmetic +smoke Sick Smoking Sick (aversive response) * Flooding is also another way to treat phobias. Flooding consist confronting the feared object or situation head on and not in small manageable steps. The idea is to flood or overwhelm the client with fear because after a time the fear will inevitably subside helping the client realise they won’t die and that really have nothing to fear. This procedure must only be carried out with the approval of the client. Token economy-a behavioural technique that reinforces appropriate behaviour by awarding tokens that can be exchanged for goods or privileges. Evaluation * Research support for systematic desensitization but implosion and flooding are quicker. * Some research support but ethical concerns over aversion therapy. * Research support for token economy but risk of institutional bias and token learning. Cognitive Model * Cognitive model stress the role of cognitive problems such as irrational thinking in abnormal functioning. Irrational thoughts are the causes for abnormality; if the thinking is changed the mental illness should be able to be cured. * Difference between the behavioural model and cognitive model is that behavioural model doe s not take the mental process into consideration. * Ellis (1962) called irrational thoughts ‘cognitive errors’. * Two processes that leads to irrational thinking; mustabation and awfulizing. * Mustabation is when a person stresses that they ‘must’ do something * Awfulizing is when a person over-generalises by saying e. g. â€Å" I didn’t go university so I must be stupid†. This theory can be challenged by questioning the assumption that people who don’t go university are stupid and give example of successful people that didn’t go university e. g. Alan Sugar. * Cognitive distortions are another example of faulty thoughts processes, and include over generalisation, magnifications and minimisation. * Generalisation- refers to learning to reach a conclusion about the world based on evidence from a single events * Magnification- the tendency to magnify small events, usually setbacks, so they appear more serious that they really are * Minimisation- the tendency to turn something significant. Becks research supports this concept as he carried out a research which involved 48 adults with primarily mild or moderate intellectual disability. They participated in semi-structured interview, twice approximately 16 weeks apart, as did an additional 12 adults diagnosed with depression. Participants reported on depressed mood, the cognitive triad, as measured by views of the self, the world and the future, hopelessness and self-esteem. The finding showed that the cognitive triad inventory for children displayed adequate psychometric properties in this sample. It correlated with depressed mood, and individuals diagnosed with depression have significantly higher scores on the cognitive triad inventory for children than those with no psychiatric diagnoses. * A negative cognitive did not predict depressed mood 4 months later, but the inverse relationship where depressed mood predicted a later negative cognitive triad approached statistical significance. * Certain childhood and adolescence experience (such as the loss of a parent or criticism from teacher) leads to the development of a cognitive triad consisting three interlocking negative belief.These concern the self, the world and the future, and cause people to have distorted and constricted outlook on life. The beliefs lead people to magnify bad, and minimise good experiences. The cognitive triad is maintained by several kinds of distorted and unreasonable interpretation of real events that contribute to depression. Treatment * Cognitive behavioural therapy is a therapeutic approach in psychology that is intended to help individuals learn to cope with anxiety inducing or stressful situation by rationally addressing faulty cognition and the ways in which it leads to inappropriate and self-defeating behaviour.

Lifting the Veil Essay

The general reasoning of the Court in this area of Veil Lifting the Corporate veil has been confusing and, at times, contradictory: Discuss The question requires an analysis of whether the parent company (A); will be liable for the claims against its subsidiary, (b): in other words, whether the corporate veil can be lifted in this group structure. Both the parent company and its subsidiary are incorporate which have been legally formed. A company once incorporated, is a separate, and distinct legal entirely from the people who set it up: The Veil of incorporation is created by the principle of separate legal personality and that limited liability which are established in Salomon v Salomon & Co Ltd (1897) A company, once incorporated is a separate and distinct from the people who set it up. In a company limited by shares, a member’s liability for the company debts is limited to his subscribed shares. The courts are very protective of the Salomon principle and only lift the Veil in a small number of exceptional cases at common law and by statute. As there are no clear rules or guidelines for lifting the corporate veil, it is correct argued that this area of law is confusing, contradiction and difficult to rationalize. Example: in Solomon v Solomon& Co Ltd (1897): In a company limited by shares, a shareholder is not liable for the company’s debts. As (A) hold shares in (b) , it enjoys the protection of limited liability in respect of debts of (b), if the corporate veil could be lifted and the separate legal personality of (b) be ignored, (a) would be liable for claims against (b). The court may lift the corporate veil if the corporate group structure is used as the: example in Adam v Cape Industries plc [1990] Cape Industries plc (cape) was an English mining company and its products were marketed through its subsidiary companies in the United State. A number of workers suffered from inhaling asbestos. The question can Cape mother company in England be liable for the subsidiary in the state. The judgment in Adams v Cape Industries Plc [1990] has significantly narrow the ability of the court to lift the Veil in case, subsidiary companies were incorporated in the United States of that the parent company in the United Kingdom could avoid future asbestosis claims in the United State. The Court  of Appeal reviewed this complex area of law and concluded that the Veil could only be lifted in three circumstances.. The only way that the veil of incorporation would be lifted by the Court was only in thee circumstances, (i) view cape group as a single entity, (ii): find the subsidiary as a mere faà §ade, (iii) the subsidiary were agents for cape. The Court exhaustively examine all the three possibility (i): find the subsidiary as a mere faà §ade First, the veil may be lifted when the corporate structure is a mere sham or faà §ade concealing the true fact. It is difficult to clearly define mere faà §ade or decided whether the arrangements of a corporate group involve a faà §ade. In Adam v Cape the Court of Appeal held that the company structure was a faà §ade when it had been used by a defendant to evade limitations imposed on his conduct by law or when it had been used to evade rights which third parties already possessed against him. In Gilford Motor Co v Horn [1933] A former employee who was bound by a covenant not to solicit customer from his former employers set up a company to do so. The defendant formed the company as a device to avoid liabilities in breach of his pre-existing legal duty and the Veil was lifted . Jones v Lipman [1982]: The Veil was lifted when the company was set up by the defendant to avoid specific performance in relation to transfer of land. The Court described the company as a device, a sham, a mask which he hold before his face in an attempt to avoid recognition by the eye of equity. The defendant formed the company as device to avoid liabilities in breach of his pre existing legal duty and the Veil was lifted. The company structure is a faà §ade only when it has used by a defendant to evade limitations imposed on his conduct by law ; Example in Jones v Lipman [1962];  Mr. Lipmann had entered had entered into a contact with Mr. Jones for the sale of land. Mr. Lipman then changed his mind and did not want to complete the sale. He formed a company in order to avoid the transaction and conveyed the land to it instead. He then claimed he no longer owned the  land and could not comply with the contract. The judge found the company was but a faà §ade and granted an order for specific performance. But the of Appeal in Adam Court in held that each company was a separate legal entity from its shareholders and the presence of the US subsidiaries did not automatically amount to the presence of the English parent company. (ii): view cape group as an Agency: Secondly, the Court may lift the veil if a express agency relationship exist between a company and its shareholders, or between a parent and subsidiary company in a group structure. Although a company is a separate legal entity instead an agent of its shareholders, it is possible that there is evidence of day to day control and that an agency relationship can be established on particular facts. It is, however, difficult to prove an agency relationship without express agreement. Somme guidance is provided in: Smith, Stone & Knight Ltd v Birmingham Corp [1939] In order to maximize the amount of compensation, the parent company argued that the subsidiary carried on the business as its agent. It was held that whether there was an agency relationship was a question of fact in each case, such as who was actually carrying on the business, who received the profit, who was actually conducting the business and who was in effective and constant control of the business. As the subsidiary was operating on behalf of the parent company the court lifted the Veil on the basis of the existence of an agency relationship. It can be argued that third is not a true exception to Salomon principle it is merely an instance where the normal agency principles applies. In the absent of an express agency agreement or the evidence of day to day control, it is very difficult to establish an agency relationship: In Smith, Stone & Knight v Birmingham Corporation [1939] In Smith, Stone and Knight Ltd v Birmingham Corporation (1939) All ER 116, Atkinson J lifted the veil to enable a subsidiary company operating business on land owned by the holding company to claim compensation on the ground of agency. The parent company held almost all the shares in the subsidiary and profit of the subsidiary were treated as the profits of the parent was in effective con troll of the business and also the personnel who conducted the business and also appointed the personnel  who conducted the business. It was held that whether there was an agency relationship was a question of fact in each case, such as who was really carrying on the business, who received the profit and who was in effective and constant control of the business. The veil was lifted in this case on the ground of any agency relationship. Although (a) hold all the shares in its subsidiary and all the profit flow back to it, there is no evidence of day to day control of an express agency agreement. It is therefore unlikely that the court would consider (b) as the agent of (a): (iii): view cape group as a single entity 🙠 Single economic Unit): Third, in relation to the debate on single economic unit, Lord Denning in: DHN Food Distributors Ltd v Tower Hamlets LBC (1976): Argued that a group of companies was in reality a single economic entity and should be treaty as one. This view was disapproved by the House of Lords in: Woolfson v Strathclyde Regional Council (1979) Which held that the Veil would be upheld unless it was a faà §ade, In Adam v Cape held that, whether or not this is desirable, the rights to use a corporate structure in this manner inherent in our corporate law. The fundamental principle is that each company in a group of companies is a separate legal entity possessed of separate legal rights and liabilities. The Court, however, will ignore the distinction of particular statutory or contractual provisions, the meaning of which is disappointingly unclear. There is controversy as whether the Veil can be lift in the interest of justice. This idea of lifting the corporate Veil in pursuit of justice was championed by Lord Denning in: Wallesteiner v Moir [1974] It is held in Adam v Cape that the Veil cannot be lifted merely in pursuit of justice. Another ground for lifting the Veil is where the Country is at war and it is in the Country’s interest to do so. Daimler v CRT (1916) : The application of this category is limited and it is more about politics than law. In addition to the examples at common law, the courts may lift the Veil and hold individuals shareholders or directors liable for the company’s liabilities according to statutory provision. Section 761 of the companies  Act 2006, for example, reauires that the directors of a public limited company be jointly and severally liable to indemnify the other party in respect of any loss or damage suffered by reason of the company failure to comply with the provision that company should not trade before its registration. According to section 213 of the insolvency Act 1986 on fraudulent trading, the Court may declare that any person, who carries on the business with the intention to defraud the company assets. Lord Diplock in: Dimbleby v National Union of Journalists [1984] States that the statutory provision must be in clear and unequivocal language The judicial approach towards lifting the corporate Veil is still unclear and lacks precise guidance despite the judgment in Adam v Cape. The Courts appear to proceed on a case-by-case basis in deciding whether to lift the corporate Veil. The few number of examples at common law and in statute reflects the court reluctance to ignore the Salomon principle which are the foundations of company law and have promoted the economic growth. This theory was first put forward by Lord Denning in:  in the case DHN Food v Distributors’ Ltd v Tower Hamlets (1976); who agreed that a group of companies was in reality a single economic entity, and should be treated as one; the court was entitled to look at the realities of the situation to lift the corporate veil. The Court in Adam rejected the argument by stating that there was no general principle that all companies in a group of companies were to be regard as one. The fundamental principle is that each company in a group of companies is a separate legal entity with separate legal rights and liabilities. The disapproval of the single economic unit theory was confirmed in the case Ord v Belhaven Pub Ltd (1998): where the Court did not allow a plaintiff with a claimed against one subsidiary company to substitute the parent company as defendant merely because the group might be a single economic units. Lord Denning in the Court of Appeal examined the major single economic units’ case where group structure were as single entity. It found that the case all involved the interpretation of the statute or a document. The Court reject the argument that cape was the group should be treat as one; and  confirm the principle of Salomon. It can be argued, therefore, that the group structure of (b) and its subsidiaries is legitimate and it is very unlikely that the court will hold the parent liable on the ground of fraud, sham or mere faà §ade. Conclusions Given the judicial reluctance to ignore the Salomon principles, it is highly unlikely that the court will hold (a) liable for the claims against (b) on the basis that the group structure is a mere faà §ade, or there is an express agency relationship between them or that they should be treated as one economic unit

Are Those Gases Dangerous - 1541 Words

Are those gases dangerous? We wouldn’t know, but at this point the Earth is just looking after itself by getting rid of the most oil it can and putting it into our atmosphere. A few percentages more sink to the bottom of the ocean along with some sediment and are deposited along the ocean floor where it will continue to affect wildlife populations feeding in that area for generations. Not to forget, more oil is to be lost on migrating populations as they flee from the thick gunk left in their homes or from their food sources (Rodenberg, 2010). In reality, the company is able to collect only a fraction, about ten to fifteen percent (Seed, 1992) of the 11 million gallons dumped into the Alaskan Gulf so should the ocean be repaid in reparations for this war on its ecological communities? If you’re still confused on how badly these communities are affected, let me explain. 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