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understanding criminal justice
Compare and Contrast the Positivist and Interpretivist Models
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Compare and Contrast the Positivist and Interpretivist Models
Generally, different communities have varying backgrounds. Therefore; it becomes an issue on how to compare the different societies based on the fact that each community has its own special cultural values, legal and political frameworks, and varying languages. Comparing the social incidences in societies, which have different backgrounds, legal frameworks as well as cultural values is very vital in terms of building societal scientific knowledge and one of the few positivist intellectuals who believe in this ideology includes Emile Durkheim. The only discrepancy with this theory is the surmountable difficulties arising because of the special circumstance of studying the different cultures (Teune, 1990). While this is so, the article shows that there is another line of argument, which is expressed by the interpretive thinkers like Max Weber as well as Peter Winch (Travers, 2008), who feel that there is misplaced objectives of finding the causal laws that have been modeled on procedures of natural science. When comparing groups and various institutions in the society having similar cultural values, certain conceptual problems arise (Travers, 2008). These problems require a considerable change in how one conceptualizes the comparative research rather than managing the problem through greater care in defining the various variables involved.
The Durkheimian project of comparing social science especially criminology has come up with another way of understanding in that it addresses the meaningful characters that exist within the human activities and institutions (Travers, 2008). This has earned this positivist model a de facto status in the field of social sciences. In addition, the interpretive thinkers have a big test in trying to oppose the positivist way of understanding without supporting the Durkheimian theory of explanation especially with regards to post modernization and constructionism (Travers, 2008). Positivism encompasses a wide range of positions and therefore; aims at identifying the laws by conducting several experiments that are based on the measurement of variables using the same methods as natural science (Halfpenny, 1982). This means that an individual’s views are considered irrelevant and have numerous errors. The human daily lifestyle is encompassed with numerous forces, which are hidden and have minimal capabilities to understanding therefore; hold back the human actions (Travers, 2008). Contrary to this argument, the interpretive thinkers led by Weber have argued that, sociology ought to address the meaning and procedures that have been used and are continued to being used by natural scientists and highlight these issues as inappropriate. This is because sociology is concerned with human beings who have a free will and a sober conscience (Travers, 2008).
The positivist model of explaining criminal justice as shown by Durkheim states that all good sociology is proportional (Travers, 2008) and that sociology ought to pursue the logic of explanation and make use of the experimental procedures, which have been used in the natural science. Durkheim challenges researchers to free themselves from too much dependency on their common knowledge but rather come up with constructive scientific theories, which could end up being refined and developed through analyzing of the official statistics (Travers, 2008).
On the other hand, interpretive thinkers argue that philosophy is a branch of social science that perceives natural science as a model that is inappropriate for the study of human behavior (Travers, 2008). This theory has been advance to incorporate the various degrees of research programs dealing with crime as well as the criminal justice system. It also attempts to reconcile and the same time recognize the tensions between post modernization and constructionism (Travers, 2008).
Reference
Halfpenny, P. (1982). Positivism and sociology. London: Unwin Hyman.
Teune, H. (1990). Comparing countries: Lessons learned. In E. Oyen (Ed.), Comparative methodology: Theory and practice in international social research (pp. 38-62). London: Sage.
Travis, M. (2008). Understanding Comparison in Criminal Justice Research an Interpretive Perspective. International Criminal Justice Review, 18(4), 389-405. Doi: 10.1177/1057567708324592
Understanding Constitutions & Political Parties, Interests and Pressure Groups & Elections and Electoral Systems
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Understanding Constitutions & Political Parties, Interests and Pressure Groups & Elections and Electoral Systems
Chapter 9
Definition of the constitution, the extent to which a constitution can be considered a ‘flexible’ or ‘rigid’ document and the underlying tenets of modern constitutionalism
Introduction
Question 1
According to HYPERLINK “http://en.wikipedia.org/wiki/Erin_McKean” o “Erin McKean” Erin McKean (2051) a constitution is a written or non written document that outlines how a government or country is governed. It is the basis upon which, all the operations of the government or state are hinged upon. It outlines what the state officers are supposed to do in the service of the people. Everyone is bound by these laws. It’s supreme to all the laws of the land; it is applicable to organizations as well as countries and states. The basis on which a multi-national company operates on is said to be its constitution. Both sovereign and federal states have their own constitutions that outline how the laws of the land should be formed, the powers and limitations of each state organ that should never be violated by anyone holding these offices ( HYPERLINK “http://en.wikipedia.org/wiki/Erin_McKean” o “Erin McKean” Erin McKean 2051)
Discussion
A constitution can be either rigid or flexible. Rigid constitutions are not subject to any changes or manipulations by anybody. These constitutions are also called entrenched constitutions. They have clear-cut regulations as regards changing any letter of this document. Some of them even require a referendum to amend any clause. They are made in such a way that they are not to changed regardless of the changing times of the day. These are meant to guard against people who may want to serve their self-interest in office by amending the clauses that seem to gag their power. A good example of such a constitution is the one of the US. This has undergone a few changes since its inception about two centuries ago. It has gone through only 36 amendments since its promulgation. On the other hand, a flexible constitution is one that falls in tune with the changing times. Some amendments are done routinely to ensure that it meets the modern day demands. An example of this is the UK constitution that can be amended by a simple majority in parliament. This means that there are no specific regulations as regards editing the constitution. Constitutionalism on the hand is the principle that binds/ties all people working in government or state offices to ensure that they live and work by the spirit and the letter of the supreme law of the land. It limits their actions from whims of free will, to one that they have to perform everything in consonance with the constitution. The underlying tenets of the constitutions include, those that were against federalism were of the view that the governing structure should be decentralized into small units. They were also of the view that the constitution be made in a way that .The people were to work for the betterment of the public as opposed to self-gratification. Similarly, those against federalism were of the view that religion should be the guiding principle in the running of the country and this should never be left to a matter of personal choice. Another tenet of most constitution is their supremacy .The constitution is assumed to above all statutory laws of the land and any law that is not I n consonance with the supreme law is considered null and void (Beau B 724).
Freedoms Canadians enjoy protections that are missing in the Canadian Constitution and how they affect individuals and the additional rights that should be incorporated in the constitution the make it ideal.
Question 2
According to the Canadian charter on human rights, only citizens of Canada have the exclusive right to enjoy all the rights and privileges. As regards article 24 of the charter, only courts have the express power to ensure no one is denied their rights. The rights as enshrined in the charter include; the basic liberties and freedoms like the freedom to choose ones religion, freedom of expressing ones mind and freedom of association, among others. Another class of rights includes their right and privilege to engage in the political processes in the country. These people are also endowed with the freedom to move in out of their country at will. They can live and work anywhere in the country. Under this charter, the individuals have an array of rights as regards the course of justice. They are also to be equally treated without any bias of any nature. Another unique provision in this charter is the one on language use where individuals are free to use any of the state languages in the course of their communication. As regards the marginalized and small communities, they are entitled to all the basic rights just like the other citizens, including the freedom to have their lessons in their own language. (Hogg P W 689).
As much as these provisions are explicitly written, most of them come with lot of limitations. These limitations are used by the governments, to gag the freedoms that are bestowed on the people. The government can cite the provisions of the 1st chapter of the charter to gag these freedom .This is especially so in case of freedom of expression where an individual may be convicted for hate speech as much as they have the right to expression. These limitations put the people at the mercy of state organs and thus as much as they have these rights they cannot enjoy them (Hogg P W 689).for the rights to be fully realized there should be limits as to how far the government gagging the rights can go. This will ensure that the citizens enjoy their rights without fear of reappraisal. (Hogg P W 689).the other rights that should be added to these charter may include liberal access to health and basic education. (Dyck 446)
Chapter 10
Question 1
According to Gunther R and Diamond L (167), a political party is defined as a political arrangement meant to influence the actions of the government .This is done by choosing their own people and sending them to political offices to represent their rights. A party must have a written constitution or manifesto. There are different parties depending on the type of the political system. For example countries that entrench the concept of having every group represented in government, they may have as much parties in government as there is representation. This is especially so in European and Australian countries. Most of these political parties are determined by the time of system they use in voting. There are also countries where there voting is not aligned along party lines. Persons vying for public offices are supposed t o use their credentials in marketing themselves for these offices. Leading examples of this type of voting system are the US congress and the parliament of Nebraska. Other notable examples are, in Canada in, the northern part. From these nonpartisan systems, there may be different cliques that may eventually split to form political parties (Gunther R and Diamond L 167).
Political Parties have a greater influence on the democracy that exists in a country. This is especially so because of the different party affiliations. For those countries with single party systems, all powers are in one party. The views of the minority are suppressed, as they are required to sing to the tune of dominant party. This type is a synonym of dictatorial leadership as evidenced in china and Nazi German. For a two party system where both parties have almost similar strength, it is almost impossible for any single party to form, a government .This requires that the parties form different wings of the government. This is especially true to countries like the US where both the republican and democratic wings have the same strength. This poses a great challenge especially in the implementation of policies, as there will be dissenting views. The UK also has this type of system with the leadership rotating between the two main political parties i.e. the labor and conservative parties. (Gunther R and Diamond L 167)
Another form of party leadership is the multi party system. In this scenario, like in Canada, there usually exist large dominant parties. Within the same system there are also small parties that may have greater influence on the politics of the country .most of these small parties in an attempt to asset their strength seek for coalitions with the larger parties as the form governments. In countries such Canada, where this system exists it is rare to find a government of one party as most of them are always a coalition of parties. Another effect of political parties on the democracy is exhibited in the system where voting is balanced. Here, the voters in the process of voting are given the leeway to put both the positive and negative vote. This aimed to curb the rise in election cheating and malpractices. In this form, the voter makes both votes so that the chances of one rigging the vote is minimized as the positive votes are tallied against the negative votes for one to be declared a winner. (Gunther R and Diamond L 167)
Question 2
The differences in the functions of political parties and pressure groups in Canada
The main function of political parties is to foster the party’s interests in government and ensure that they are above the others in terms of numbers. This great numbers help them in keeping check of the government operations. In countries with a liberal idealism, the parties are aimed at supporting the liberation of their countries. The conservative parties aim at maintaining the status quo in the country. as opposed to the political parties pressure groups always fight specifically for the needs of their group as opposed to that of the general public. They will raise money and fund the candidates whom they feel, will articulate their issues well in government. Each of the pressure groups, champions its own recognition. Another difference is in the amounts they can raise in supporting an individual aspiring to vie for apposition in the federal government. As opposed to the political parties, pressure groups have been limited in this area. Currently, the number of pressure groups has really grown and is threatening the other people in terms of the amounts they are able to pool. (Davis L and Figgins B 195-202).
How effective are they in Canada’s parliamentary system of government?
This is system of government where the executive and parliament have intermingled functions. The leaders of the government are not directly elected by the people but by the majority party in parliament. This poses a great challenge to democracy as ,it will be hard to remove a leader who has majority leadership in parliament. As much as this system is praised for its flexibility in terms of holding elections, it is faced with the challenge of being abused by influential figures. Another weakness with this system is that, there might be some people who are fit to lead. Nevertheless, because they did not make to parliament, they cannot get the premiership position. (Bates J N “policy and delegated power”)
Chapter 11
Question 1
Importance of voting and voter turnout
Voter turnout is a measure of the proportion of people who show up to participate in an election. In any election, for it to be deemed a success, the number of people who turn up should be high. As regards the issue the importance of single voter in determining an outcome, topic is subjective. Some people argue that, for a large democracy like the US, a single vote is not likely to have a big difference especially as they use a college that chooses the persons to higher office. Different countries receive different percentages in terms of voter turnout. For example during the last elections in the US, there was more than two-thirds voter turnout. in countries the higher the amount of voters turning up the better the rating of the sitting government. An electoral system is defined as the way in which people have the opportunity to choose from the options availed to them during an election. The system contains well structured and laid down procedures that relate to voting .They include all the regulations regarding due process and how the votes are to be tallied. There are different methods of voting that range from the acclamation to the one where secret ballots are used. The voting systems are different depending on the type government system practiced (G. Hägele and F. Pukelsheim 003).
Question 2
The role of an electoral system in determining the outcome of an election
First, the members to the Electoral College are collected based on the number of representatives in the state. This ensures equity. Secondly, to ensure that the persons to the office of elector must be a person of integrity and they should not be serving in any other political office. Thirdly, the date of the election is set well in advance to wade away the chances of people messing with the election process. Also of interest is that the counting of the votes is done in such a way that it’s on a specific date and venue that is known well in advance (Hägele G and Pukelsheim F 003).
Conclusion
From the discussions above, for an electoral process to be successful, the electoral system must be efficient. Even large political systems are not spared by the voting problems. In Canada where they practice the parliamentary system, they need to make some changes for their system to work better. To cut on the weakness where the dates of the election are not known, they should set an election date well in advance. This will help curb the individuals that would want to stick in office.
Works cited
Dyck Mandel Michael. The Charter of Rights and the Legalization on of Politics in Canadapage 446, Toronto. 1994 .Print
Hogg, Peter W. Constitutional Law of Canada. Scarborough, Ontario. Thomson Canada Limited.Pg .689. 2003.Print
Gunther, Richard, and Diamond Larry. Species of Political Parties: A New Typology,” PartyPolitics, Vol. 9, No. 2, pp. 167–199.2003.Print
William D L and Figgins B. Do Economists Believe American Democracy Is Working? Pg 195202. 2009. Print
Bates J N (1986), Parliament, Policy and Delegated Power, Statute Law Review. Oxford:Oxford University Press.1996.Print
Understanding by Design and Differentiated Instruction
Understanding by Design and Differentiated Instruction
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Understanding by Design (UbD) is a tool in education that focuses on enhancing understanding as the ultimate goal of teaching. UbD utilizes the backward design approach that uses results to make decisions about the process of learning. The backward design is a tool that helps teachers in planning their teaching activities by starting with results in the classroom. On the other hand, differentiated instruction refers to a system of teaching that gives students different opportunities of understanding what they learn in class. Differentiated learning has the objective of ensuring that students’ capabilities match the method of learning that teachers use in the classroom. The two methods of learning share the similarity of being proactive methods of teaching that involve all members of a classroom. This is unlike the traditional methods of teaching in which teachers chose what is good for their students without involving them or recognizing their interests and capabilities (Tuckman & Monetti, 2011). The following is a conversation that seeks to gather advice from Jay McTighe and Ann Tomlinson who are valuable stakeholders in UbD and differentiated instruction respectively.
Me: UbD and differentiated instruction have helped students in their learning encounters as well as easing the burden of developing teaching objectives. For instance, UbD requires the study of class outcomes before designing learning objectives while differentiated instruction involves considering the capabilities and interests of students before designing the curriculum. This has been helpful because the whole process of learning gears towards achieving the learning interests of students. How and why are teachers supposed to use these tools in identifying learning objectives?
Tomlinson: Learning in the past has been left in the hands of teachers and learning institutions. Teachers have been using class texts and institutional rules to design learning objectives for the students. The process ignores the fact that different students have different interests and capabilities in relation to their study. Differentiated learning requires teachers to acknowledge the needs of different students before making learning decisions (Heacox, 2009). This means that the learning objectives developed target individual members of the class and not the general class.
McTighe: It is true that in the past teachers have been responsible for all learning activities and decisions in learning institutions. However, UbD requires that learning objectives be subject to the constraints of class outcomes. This means that the objectives will always acknowledge the individual performance of students. Thus, the objectives will help students in achieving their learning interests (Brown & Wiggins, 2008).
Me: It has become extremely easy to design assessments and the appropriate grading rubric using the UbD and differentiated instruction. The process of preparing tasks for students is no longer difficult because a teacher always understands what the students need as well as how their interests. The learning tasks for students are able to hit on the questions that will enhance deep understanding in students (essential questions). However, there is a challenge on the best way of developing authentic assessments that will achieve the overall objective of an assessment. At the same time, essential questions should not only test the students’ understanding of a topic but also the application of the topics learnt. How can teachers use these tools in meeting the objectives of testing?
McTighe: Tests are the most indispensable tools of measuring the reliability and performance of a learning system. However, tests are not ways of determining the level of understanding of students. They should provide a benchmark for teachers to measure whether the learning process is meeting the desired objectives. UbD offers teachers an opportunity of checking the performance of the learning process. The outcomes guide teachers in determining the tests to give to students as well as the grading rubric to apply. In most cases, UbD leads to the development of an ideal test and a common grading rubric that acknowledges the needs of different students (Wiggins & McTighe, 2009).
Tomlinson: The focus of differentiated instruction is helping students integrate what they learn in class with outside experiences. Therefore, the authentic assessments that teachers prepare help them in determining whether the tool helps students in gaining knowledge from a wide perspective. Differentiated learning also acknowledges the abilities of individual students, which implies that teachers will develop essential questions that will test the understanding of students subject to their abilities and interests (Benjamin, 2008).
Me: The investment of the UbD and differentiated instruction in a wide range of learning needs is one of the areas that I have confidence in and which I found ideal to share with colleagues. This is because the tools recognize the diversities of learning among students and learning institutions. What are other areas that the UbD and differentiated instruction affect in the learning process?
Tomlinson: Differentiated instruction affects various issues and factors of learning. These factors range from results, assessments, and curriculum to the understanding of students. However, the key contribution of this tool is in helping teachers to develop ideal learning objectives.
McTighe: Understanding by Design goes beyond meeting different learning needs of students. The tool helps in tracking the effectiveness of the process of learning in achieving the desired objectives, which contributes to the overall effectiveness of learning.
The conversation has developed the need for teachers and learning institutions to incorporate modern methods of learning. These modern learning methods acknowledge the needs and interests of different players in education including students. Understanding by Design and differentiated learning are among the modern approaches to learning that will help teachers, students and institutions in achieving their needs (Askew & Carnell, 2012).
References
Brown, J. L., & Wiggins, G. P. (2008). Making the most of Understanding by Design. Alexandria, Va: Association for Supervision and Curriculum Development.
Heacox, D. (2009). Differentiating instruction in the regular classroom: How to reach and teach all learners, grades 3-12. Minneapolis, MN: Free Spirit/Works for kids.
Tuckman, B. W., & Monetti, D. M. (2011). Educational psychology. Belmont, CA: Wadsworth/Cengage Learning.
Askew, S., & Carnell, E. (2012). Transforming learning: Individual and global change. London: Cassell.
Wiggins, G. P., & McTighe, J. (2009). Understanding by design. Upper Saddle River, N.J: Merrill/Prentice Hall.
Benjamin, A. (2008). Differentiated instruction: A guide for elementary school teachers. Larchmont, NY: Eye On Education.