Principles of Dispute Resolution in indigenous Australian Community Essay Example for Free

Principles of Dispute Resolution in indigenous Australian Community Essay The manner in which the indigenous population in the so called the aboriginal community are represented in the criminal justice system is bringing a lot of questions according to the Heather and Braithwaite1. The Aboriginal community is increasingly overrepresented and at the same time families are experiencing high levels of violence. Heather and Braithwaite argue that finding a solution of these issues is increasingly becoming hard and difficult particularly when indigenous people become victims or offenders2. This is also seen whenever they come into contact with the criminal justice system The indigenous Australian community that is the Aboriginal community is cultural sensitive therefore making any attempt to help in dispute resolution among them and other parties become very complicated. For instance looking at the report that was produced by Queensland community justice program (CJP) Aboriginal mediation project the year 1990, it was discovered that the mediation process in dispute resolution on the indigenous community is rather in consistence to the cultural values of the people. This research paper therefore looks at the mediation principles and how they have been inconsistent to the cultural values of the society especially in resolving family violence. A conclusion is then drawn after coming up with alternative methods to mediation owing to the fact that the mediation process has failed in dispute resolution among the Aboriginal community of Australia. Introduction  Mediation process in the Aboriginal community in the Australia state according to the reports by the Queen community as mentioned above seem to very inconsistent therefore a lot of argument and debates have been raised on the effectiveness of the mediation3. The communities are seen to be aligned on one side leading to proper implementation of the criminal justice system. This implies that the mediation process in the Aboriginal community is never cultural sensitive. The dispute resolution method practiced on indigenous community does not take into account the traditional values of the society (Moore, 2003). The principles of mediation that are supposed to be observed by the commentators or mediators have not been followed. The indigenous community of the Australian state is very conservative as far as the culture is concerned and the mediation principles applied are not compatible with their values and culture4 . These principles include confidentiality, voluntariness and neutrality. Confidentiality Confidentiality is the ability to make something become private5. Boulle argues that mediation process will only be successful if and only if privacy and confidentiality of what is being said in the mediation process is kept close/ private. This is contrary to the aboriginal community where the community leads a unique life. Kinship is still observed making it hard to make things confidential. The communal way of life may not allow for privacy. The family members who are involved in the conflict are expected to interact with the mediator prior in order to have some knowledge on the issue and seek for favoritism (Nolan, 1993). Mediation should actually be kept confidential to avoid public embarrassment that make the parties involved feel inferior before other members of the Society6. Noble (1995) also believes that confidential is the key principle that strives to build trust of family members having disputes in the mediation. This is not applicable to the Aboriginal community. It is suggested that mediator should be a person who lives among the indigenous community and even workers within them according to Noble. This person will be assumed to be aware of the community’s cultural benefits such as that when involved in mediation; he should be fair as dictated by the community’s values7. Reassuring the families involved in the disputes is very important. Members of the community will give their opinion on who is to be picked as the mediator. That is where he lives and works. This point has also been stressed by Ackfun who argues that maintaining privacy and confidentiality in the mediation process may not be possible since the members exist in small communities and they observe kinship8. Members are tied to one another as they view other members of the society as relatives. Even though the court system attempt to maintain confidentiality, elements such as the physical arrangement of the community and the idea of kinship try to block out the confidentiality principle to be observed9. Neutrality This is another principle that should be observed in the mediation process according to Kelly (2002). Being neutral implies that the mediator should not be seen to be favoring one party in the mediation process. Therefore the background and relationship that may exist between the mediator and the parties involved is scrutinized. In other words the mediator is not allowed to have prior knowledge about the disputes and parties involved. If at all he has prior knowledge about the parties and those with disputes, then there is likelihood of unfair hearing arising. The person should actually come out boldly and voluntarily to preside over a mediator instead of being forced. However as much as this principle is a factor to the success of the mediation process, it is at different times difficult to maintain neutrality10. In most cases, the mediator is found to have prior knowledge concerning justice. He/she must have interacted with the families or parties involved in the disputes. Astor and Chinkin argue that, since neutrality may not be observed and realized in dispute resolution among the Aboriginal community, then the only thing that can be done is to have a mediator showing interest in the outcome of the mediation. The expectations of the Aboriginal family on the outcome of mediation are another issue that hinders the implementation of the concept of neutrality. The mediator is expected to take side during the dispute resolution in which he is expected to take side and favour either a friend or a family member. In such a case the mediator actually is related to one of the families having disputes who feed him with the knowledge regarding the situation. This makes the whole process of mediation lack neutrality but instead the parties are helped by the mediator to make and reach a decision since the mediator has already the prior knowledge11. This therefore proves the idea that the mediation process in dispute resolution involving the aboriginal community and other parties is not compatible to the principle of neutrality. Voluntary attendance. The principle of voluntarily requires the parties involved in a dispute to voluntarily agree together and come up with achievable scheme and a mediator of their choice12. This is actually what happens in most mediation process whereby the process may be conducted within a court of law or authorities with relevant knowledge regarding the process. Astor and Chinkin, 1996). However with respect to the Aboriginal community, the principle seems not to be applicable as such. According to the views of Noble, mediation in Aboriginal communities is only acceptable if its presided over by an old respected person with a well knowledge relating to their culture. This is the person who may be required to assist in dispute resolution. The fact that mediation should be voluntarily according to Moore, Aboriginal community does not observe this because they still view things in the traditional manner. Council of elders according to Noble have a lot of influence and power in the communities. Elements such as forcing someone to do something or accept something still exist. These are normally done by the respected elders where one party is left dissatisfied after the whole process of dispute resolution has been carried out. Cultural values of the community must just be looked into whether the nature of the mediation is voluntary or not. The mediator will be expected to adhere to the cultural dynamic for it to be fair and practicable. Noble, 1996). Just to make a brief conclusion on why principles of voluntarily in the mediation process is not applicable to the Aboriginal community, the whole process is cultured sensitive. Elders are accorded their respect and tend to influence decision in the process in order to come up with a resolution. Therefore whether the nature of mediation is voluntary or not the elders still have the influence on the outcome of the mediation13. It is very hard to group the class where the so called Aboriginal community belongs. They tend to be so conservatism and do things according to their lifestyles. The criminal justice system that is currently being applied is modern yet the society still swims in a pool of traditions that is outwashed by the modern one. The fact that there is lack of neutrality, confidentiality and voluntarily, this makes the mediation process become very odd and of little consequence. The Aboriginal community still believes that neutrality does not exist and so one party must just be favored in the mediation process. In effectiveness of mediation in solving domestic dispute Among the Aboriginal community, mediation has been unsuccessful when it comes to mediating between spouses especially where domestic wrangle is the issue to be resolved14. This is a society where traditional lifestyles are still practiced. Normally when violence exists between the spouses, men are not considered as the major course of violence but all the blame goes to women. Women, according toHovey, are seen to be inferior members of the society. Therefore mediation process in any dispute resolution between spouses among the Aboriginal community will automatically favour men and disadvantage women. Men have to say anything over women during the process of mediation. However there are two factors that are considered in the mediation involving domestic violence between a man and a woman according to Noble. First, the interest of the woman must be considered and protected in the process of mediation. The other factor that has to be considered is the consideration of the safety of men if at all they are taken to court following domestic violence15. Noble view domestic violence among the spouses to be something abnormal among the Aboriginal community and this may be or not through mediation. However mediation does not apply to all cases in a relationship. For instance mediation is not practical in solving violence in a relationship because the process may not be able to distinguish between who is guilty and who is not16. Otherwise issues emerging in a relationship are easily resolved through mediation. The culture of the aboriginal community does not allow couples to fight therefore a mediator is not allowed to assist any of the party to solve the dispute or help the parties come into consensus. The spouses however are left to agree between themselves and end the conflict. The issues may be so technical that the mediator might not be able to make a final resolution (Catherine and David, 2004, p49). Even though other proposals may be given such as to have mediation in a common ground, the whole process still will not be smooth owing to the fact that violence is the issue to be resolved. Therefore whether the ground is common or not, mediation in solving domestic violence is not successful17 Research methodology After having critically accessed the limitations of mediation process in dispute resolution among the Aboriginal community in Australia, it is practical therefore to come up with an alternative method that can address or solve disputes among communities. This is because the society (Aboriginal) is cultural sensitive that is they tend to observe their culture so much making them to be rigid to adopt other ways of life18. The research therefore was carried collecting by information from different sources. For instance interviews were done to the Aboriginal community that was grouped according to gender. Questionnaires were also posted to some individuals administered directly to the individuals who were to participate in the study. A total of twenty house holds were to be interviewed and given the questionnaires. Out of twenty households, ten were to be from young couples and the other ten from old members of the Aboriginal community.

Noteworthy Technology Essay -- Music Composition Essays

Noteworthy Technology Few things possess the power of music. Good music has the capacity to convey messages, evoke emotion and inspire awe. Yet, not many posses the means to acquire the power of music. Writing music by hand can be time consuming, inaccurate, and it does not allow the composer to actually hear the annotated music. Furthermore, learning an instrument can be time consuming and frustrating if all a person wants to do is compose their own music. This is where the beauty of technology comes in. Through a system known as MIDI, or Musical Instrumental Digital Interface, and musical notation computer software, composers are able to input their music into a computer and have the means to listen to, edit, and print out their compositions. While MIDI technology and computer musical notation software is easily accessible today, it is a relatively new technology. MIDI was created in 1983 by a collaboration of the major music industry electronic instrument manufacturers including Roland, Yamaha, Korg and others (MIDI). MIDI includes a set of technical principles that standardize computer based music and allow electronic devices like synthesizers, computers, and multi-track recorders, to interact with each other (Ohler pars 4). For example, a person can use a use a single keyboard to trigger sounds from 10 other keyboards connected by MIDI interface. MIDI technology does not send an actual musical note or sound, but information about the note, in a process very similar to how computers share information through modems. MIDI communication is based upon the byte. Each MIDI command is composed of a specific byte sequence which contains important information such as the status byte, which tells the receiving MIDI... ...ay of creating joyful noises. MIDI and musical notation software makes it very easy to annotate our musical ideas. In this very direct way, we can use technology to glorify God with our creative talents and songs of praise. Works Cited MIDI.com. 8 Dec. 2002 <http://www.MIDI.com>. Ohler, Jason. "The Promise of MIDI Technology." Learning and Leading with Technology. Mar. 1996: OCLC FirstSearch. 8 Dec. 2002. Keyword: Music Composition. Perry, Jeffery. "The Inner Voice of Simple Things: A Conversation With Paul Lansky." Perspective of New Music. Summer 1996: 40-60. OCLC FirstSearch. Hekman Library, Grand Rapids. 7 Dec. 2002. Keyword: Music Composition. Webster, Peter R. "Time, Technology and Creative Process." Arts Education Policy Review. 94 Sept. 1994: 32-36. OCLC FirstSearch. Hekman Library, Grand Rapids. 8 Dec. 2002. Keyword: Music Composition.

Postwar Transformation of Canadian Identity Essay

Much can be credited on the postwar state of transformation to the state of Canada. It can be argued that, Canada went through a state of political, social and economic transformations that were built by the effects and influences of the postwar period. Amongst the broad array of scholars and historians that have stood to recommend about these transformations, Jose Igartua can be echoed in his book, â€Å"The other Quiet Revolution. † In his anthology, he has developed an attractive package of the historical background that shaped Canada between 1945 and 1971. Broadly, the aspect of Canadian national identity within the postwar period has been a hallmark of events that has continued to frustrate, obsess and fascinate its citizens, politicians and scholars across the span of many years. However, a disparity exists between these different persons in their understanding about the state of Canada as having a national identity. At one arm of the argument, some are at full denial that Canada has had anything like a national identity. The other contrasting fashion of the disparity is that, Canada even enjoys multiple of national identities with a competing portfolio to one another. However, as much as we would choose to neglect the issue of national identity in Canada, a constant reminder about the same is provided by various aspects within the Canadian society. The 20th Century was highly crucial in modeling the nature of the Canadian society. It can be argued that the postwar transformation saw Canada changing from an ethnic into a civic nationalist state. However, an important question would be in digging about when Canada got out of the British colony and thus providing itself with a national sovereignty. However, the Canadian identity changed from its entangles of the British colony which was characterized by ethnicity towards a society that had an equal share of its civic values. During the British colony to Canada, the Canadians who had a Japanese origin went through learning and emulation of the British colony both during and after World War II. This was however characterized of ethnicity between the Canadians and their colony. However, its liberation from the British colony gave it a chance of sharing its civic values where other races such as French Canadians as well as other non British racial groups were now recognized . This provided that all the groups were given the power of participating in the Canadian life parameters through shared responsibilities and resources. Elsewhere, an endurance of the ambiguities that had encroached the culture of the English Canadian identity was provided by the radical establishments of the civic modeled Canada in order to provide a well formulated intellectual activity. However, Igartua has drawn the use of Anthony Smith’s theory in explaining the context of Canadian nationalism. By and large, the Canadian shift of its former ethnic state to a civic nationalism can be argued as important historical events towards the shaping of Canadian identity. In the lieu to bridge an affirmative description to this state of transformation, different scholars such as Richard Gwyn, John Dieferbaker and Michael Ignatieff have soundly come up to explore the legitimate foundations in the change of the Canadian identity transformation. According to Igartua however, the 1960’s was a unique period in the Canadian history where it experienced a state of â€Å"Quiet Revolution† which can be equated more or less to that shaped the modern Quebec. However, the analytical exploration into the state of revolution of Canada by Igartua is established through his â€Å"argumentative statements† and a pursuit of â€Å"conventional wisdom â€Å" about the Canadians identity theory. In his acknowledgement however, though the English Canadians have not finally dispensed a truly indisputable state of national identity, it can be said that they have changed the ideal terms with which state of identity could be developed and discussed. Generally, a great challenge is posited to the fact that the identity for English- Canadian went through a state of gradual process whose beginning point was in the World War I and ended in the World War II. This saw great heights of transformations into its economic and social parameters soon after the World War II. According to Igartua however, the English Canada after 1945 had still the bondage of a British colony state in a commonwealth of British Empire. However, the fight for its liberation went on in 1946 when its liberal government made attempts of introducing a new national flag, changing its Dominion Day to become Canada Day as well as separating its citizenship. Indeed, the same was loosely echoed by the Canadians who associated it with the activities of the French and British Canada towards repudiating its national sovereignty. The same conflict also saw many liberals and conservatives being outraged by the refusal of the Canadian government in backing of Britain at the crisis of Suez Canal. Broadly, the Canadians were shallow of this fury when they noted that Britain had a narrow level of self interest to Canada or even any other commonwealth state. However, Canada was know loosing its capacity as a pure British nation despite the massive chanting and borrowing of pro-British slogans by the conservatives led by Diefenbaker and his fellow conservatives. Elsewhere, Deifenbaker was divided in Canada when he chose to posit that Britain was becoming one of the members in the European Economic Community. This was in the implication to the Canadians that they had sediments of ties to Britain which repudiated a contrasting essence of state phenomena to their obligations. Generally, the basics of Quiet Revolution for English Canadian are centered in its flag debate of 1964 and its consequent implication in its responses towards the implication of the Royal Commission on â€Å"Biculturalism and Bilingualism which was hereafter called the â€Å"B and B Commission†. Presumably, much can be said and handled in these two levels of state revolutions. Firstly, the Canadian flag debate has gone down into the historical books of a period of fountain chronological events. This saw the older and former view posited to the Canada as British state which was highly exposed by its conservative leader Diefenbaker to no longer hold any fundamental interest to the public and newspaper editors over justifying why the state was to be ruled by a conservatives parliament. Consequently, this move was historical and saw many Canadians who included a majority of francphones to have a great sigh of enthusiasm in embracing the new state flag in 1964. However, another portion gave a resignation to the same as an implication of the anti-support campaign towards the conservative rule but followers of the British colony. The rising new flag consequently saw the former â€Å"Red Ensign† and â€Å"Union Jack† which were focused as the long serviced convenient symbols were submerged under the power of the new rule . According to Igartua, this new flag had no trace about the former power of the two â€Å"nations that found Canada†. However, this new flag came as a uniquely â€Å"fitting banner† towards the emergence of a civil Canadian State. Elsewhere, the supplementary role played by the â€Å"B and B Commission† was ideally important when analyzing the state of revolution in Canada after World War II. Historically, this commission was an awakening step for the English Canada towards the Quiet Revolution issues embraced by the Quebec. Historically, many quarters predicted a back clash in their ant-campaign on nationalist philosophies that came from the Quebec City. This was also in the anti-campaign against the liberal government of the federal system. The commission also recognized and anticipated that Canada was not as perceived by many people as bifurcated state that was made of two monolithic racial /ethnic groups. However, it constituted an agglomeration of many individual persons who obliged to equality of their rights. Moreover, Igartua argued that the long held concept about individual equality finally came to loose its connotation when it came to have its ground work meaning modeled into a more universalistic and premise approach to human rights conception. This consequently saw the establishment of support towards Trudeau’s vision towards Canada which was later modeled in its official languages in the Act of 1969. Through out the historical confrontation to build up and restore the sense of national identity, English Canadians went through a back log of defining their optimistic sense of identity as a tool for political survival. The postwar Canada embraced a radical epoch into a fountain state of search for knowledge through emergence of a well structured curriculum of education. Across the board however, its plunge into wide pools of education and issues also saw Canada embracing a unique state of change into its identity. According to Igartua, text books and school curriculum within Canada seldom changed to capture a broad and highly developed state of codification towards the broad state of the Canadian identity. The former structures and modalities on societal modeling envisaged by the pre-war period were averted by the nature of the changing state of education in the country. Consequently, Canada started to enjoy a wide and promoted state of its educational and knowledge background that went even beyond the levels of many postwar countries. Generally, Canada posited a pride in a British heritage as well as imperial achievements few years after the end of world war II. However, its state of national heritage identity was precariously eroding within the 1960s to giving in less ethnocentric and more conservative view about its past . Such past chronological heritage is what was known to give non-British races, Francophenes and natives a short thrift as it was modeled by the nature of the British culture and modes of living . Importantly therefore, the educational transformation for the post war Canada was highly important in shaping its national identity. Historically, such education can be internalized as a tool that provided a positive influence in the decline of the old system of societal establishment modeled by the British colonial system to a more conservative state that was ruled by civic rule of society leadership by itself. Pursuit in the changing state of education offered an attractive state with which the native and other non-British citizens enjoyed a more lucrative fashion towards modeling their life which was not shaped and dictated by colonial majesty. According to Igartua, collective identities perceived by postwar Canadians were responsive and malleable towards the changing state of the Canadian context. To him however, the advanced and more modeled state of education did a lot to improve the state of changing national identity whose focus was from a society governed through rule and dictates to a more rational and civic society where each person played a predominant role towards its progress. It is also important to pinpoint the influence of change in art, sports and literature as an important variable in the changing course of Canadian identity,. However, the Canadians embraced such changing precepts into literature, art and sports that also defined their new status of a changed national identity. The stylistic status and capacity of its cultural imaginery was therefore changing to a more benevolent status that ignited a reservation of a more nationalistic identity. They started developing a more reformed state of national approach and models of culture which was coined towards addressing the change of its former identity towards a more Canadian nationalist identity. By and large, few other variables would be incorporated in the modalities of developing a Canadian identity. This can be factors such as the United States influence in political and economic structures that provided a cutting edge into this revolution. Elsewhere, the change in the nature of Commonwealth Empire was an important factor towards this change. Moreover, the status of immigrations provided a refuge towards a support for a refining factor in the process of Canadian refining identity. Different types of foreign immigrants were found being desirable by the Canadians towards the end of 1940s. To the Canadians, different scopes of immigrants gave them a motivation towards redefining their identity when they brought in various cultural identities from their countries of origins . This consequently influenced the identity of the English Canada. As how Edmund Burke made complains within the French revolution, any a nation could not survive and cohere if it had basis of rights and abstract compactness. However, it had to interact with wide phenomena of social structures that were engulfed and borrowed from different social Diasporas. This was true for Canada in that its Quiet Revolution was initiated by an interaction with a broad phenomena of both state and foreign phenomena which included cultural borrowings, political and social imageries. Summarily therefore, the post war Canada was characterized by a changing phenomena of its national identity that was modeled on a more civic self-ruled and democratic system of government. The same changing identity also saw a gradual change into the British colonial system into a more national state of government modeled by the rules, culture and principles of the English Canadians . It was characterized of a wide scope ideological and culture diversities. It saw a new massive reconstruction into its cultural portfolio that gave in a new framework of relationship between the state and the citizens. There was also a new re-organizement into the labor and the political structures which saw a change in the provincial administration and economic reconstruction. This period was also marked as a period with which great foundations of social and political consensus was formulated. It was provided by tools such as creeping Americanization, diffusion of societal prosperity, and the end of challenged cultural dominance. Equality and equity gradually paved its way into the Canadian societal modalities that provided an equal share of the state advantages between both the marginalized and the huge groups . Seldom therefore, the postwar culture was important and characterized by strong sense of internal tensions that contained elements of national conservatism and a broad reflection of diversity into its cultural , political and economic facets. It had a lot towards providing better structures for a more stable state of Canadian status.

City Schools And The American Dream Reclaiming The...

Pedro Noguera, a phenomenal urban sociologist and a professor at New York University confronts the problems which exist in our nation’s education system in his book, City Schools and the American Dream: Reclaiming the Promise of Public Education. Noguera describes what he views to be the main problems facing urban education and suggests strategies for improvement. From years of experience as a teacher and school board member, he reflects on what he believes to be the real problems. Noguera blames the school’s failures on students, parents, and teachers which leads to blame local government officials or policymakers. Noguera states in City Schools and the American Dream, â€Å"The central argument of this book is that until there is a genuine commitment to address the social context of schooling — to confront the urban condition — it will be impossible to bring about significant and sustainable improvements in urban public schools† (pg.6). 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