Defining Abnormality With Consideration of Cultural...

Defining Abnormality With Consideration of Cultural Differences Cultural differences are always a problem when defining abnormality. What one would consider completely normal in one culture would be considered abnormal in another, for example the island of Java often set fire to a ball soaked in petrol and then play football with it. Here that would be considered wrong and abnormal but is an everyday occurrence for the people of Java. This concept doesnt only apply to eastern cultures; the English could be defined as abnormal by other cultures definitions, even by other western societies e.g. it would not be considered normal by the Italians to wait at a red light when there are no other cars†¦show more content†¦When using this approach to define abnormality you would first have to consider what is normal behaviour for that particular culture otherwise a person could be incorrectly diagnosed as abnormal. Cultural differences are also a problem for the Failure to Function Adequately definition of abnormality. This classification of abnormality involves a person who conforms to their 7 characteristics of the abnormal as having ill mental health. Examples of these characteristics are vividness, unconventionality and observer discomfort. This definition does not state the extent of the characteristic in order for it to be abnormal, for example we could class the Native Americans who perform the sun dance (a ritual which involves ripping ropes out of the chests of dancers) as abnormal as we would experience discomfort from watching this behaviour, whilst Native Americans take great joy in this activity and it us used as part of their celebrations. Other attempts to define abnormality are also limited by cultural differences, for example the DSM refers only to disorders found in westerners, it does not mention culture bound syndromes, for example Koro which is found solely in South East Asia and Pibloqtoq which occurs mainly in cold climates e.g. Greenland Alaska and the Canadian Arctic. Many disorders in the DSM are specific only to western society;Show MoreRelatedWhat is normal about abnormality?1905 Words   |  8 Pages Abnormal and Clinical Psychology â€Å"What is normal about abnormality?† This essay will explain why it is difficult to define, classify and diagnose normal and abnormal behaviour. It will evaluate abnormality through cultural issues and diagnostic techniques and strive to, illustrate the possible causes of mental disorders. Abnormal and normal behaviour is not easily defined. What is abnormal? It is to deviate from the norm. What is normal? 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Essay about citizenship †Citizenship in Sao Paulo’s Favelas Free Essays

string(82) " of citizenship to strengthen their hold of power in the new formed nation state\." Introduction Sao Paulo is not only the biggest city in Brazil, but is the biggest proper in the Americas and in the southern hemisphere and not to mention, ranking seventh in terms of population in the whole world. Its metropolis is the second most populated in the Americas and ranks in the top ten largest in the world. This city is the capital of the state of Sao Paulo and a significant center in commerce, finance, arts and entertainment in Brazil. We will write a custom essay sample on Essay about citizenship – Citizenship in Sao Paulo’s Favelas or any similar topic only for you Order Now Sao Paulo has recorded a significant growth compared to other cities in Brazil in terms of population and with urbanization at 81 percent; it is witnessing an increase in slum housing. This problem started in the beginning of 20th Century with the segregation that existed between the affluent, who lived in the central districts, and the poor, who lived in the low lying floodplains. This pattern of urban settlement has changed with poor migrants moving into all city spaces. The rapid spread of slums began in the 1980s with the development of favelas in the urban peripheries and the cortices. Currently, the favelas are the dominant form of settlement and have broken its confinement into all parts of Sao Paulo, the insurgent citizens of the city. There has been an ongoing conflict between the residents of favelas and the public authorities because of the encroachment into the areas valued by the property market. In addition, the favelas are slowly being driven into the poorest, most pe ripheral and dangerous areas devoid of basic urban services, such as water, power, education. This paper intends to reveal that this insurgency is a conflict of citizenship and not just instrumental outcry and violence. Citizenship in this case refers to recognition of residents’ legal presence in the city and their rights to basic urban services. Insurgency in Sao Paulo Sao Paulo, like many other cities in the developing countries, is not planned. According to UN Habitat (2012), planning for social integration is important as it addresses policies that could or affect the poor. It is also recommended that these plans be done well in advance so as to tackle the issues before they occur rather than as they occur. Urban planning plays a key role in mitigating insurgent citizenship. As aforementioned, the peripheries of Sao Paulo were inhabited by worker back in the 1960s who constructed their homes through autoconstruction. They did this without any infrastructure; this process is still used today as a primary means of settling the urban poor in the city. Nonetheless, as evident, this process has done little to solve the problem of housing in the city. The city of Sao Paulo has experienced rapid economic growth, this growth, however, has been unevenly distributed among the population, and this has resulted in wide social and economic disparities. The f avelas of Sao Paulo is a marked representation of these issues, with inadequate infrastructure and urban services, lack of the rule of law and adequate policing, as well as violence emerging from institutionalized poverty. The city has lost its appeal of a neutral entity; it has become a political and economic space, where the meaning of citizenship and urban life is regularly on trial, here power relations are forcefully maneuvered and sustained. There are notable examples where the residents of the favelas have taken action to claim ownership of the slums. Holston (2007) explains that, in 1972, the residents of Jardim das Camelias roughed up court officials, an incident that led to massive arrests by the police and for a week what seemed to be a conflict between the law and the residents ensued supported by politicians and lawyers. This was triggered by eviction notices that were to be delivered to the residents and which they ignored and used violence to evade, at least one perso n died. In 2003, an official went to Lar Nacional, to cancel one of the residents title that had been recently issued. This saw the beginning of long legal battle between the residents of the favelas and the court system. They had learnt to organize themselves as a unit, neighborhood association. The court official’s intention was to demand the cancellation of the title as a result of an anomaly in measurements. The title was issued through adverse possession a legal way of acquiring an original title by proving possession over an uninterrupted period. The residents spent more than a decade petitioning the judiciary for such validation, and it was a historical case as the first to return favorably decided, the resident was issued a new title, site plan, as well as tax number. Moreover, this insurgent citizenship came out of the peripheries and the favelas into the civic square, with the elections of 2002, the country witnessed one of the residents of the favelas rises to the highest office of the land. Luiz Inacio Lula da Silva, of the Workers’ Party (PT) grew up poor in the urban peripheries of Sao Paulo, and this seemed as a victory for those who lived in these areas as they filled the central spaces of Sao Paulo with the red banners calling for citizenship. Citizenship It is critical to understand the condition of working class citizenship in Sao Paulo to examine the emergence of the citizenship in the favelas. Wolfe (2014) points at the fact that the establishment of a working class in Sao Paulo revolves around the long-time relationship between land, labor, and law that exist in land policies. These were meant to bring forth a particular kind of work force in addition to illegalities that result in settlements as well as legalization of property claims. Such illegalities resemble the current ones in the peripheries. The only difference is that this happens with an unexpected result that in the end generates a distinct formulation of citizenship. According to Holston (2007), the elites in the 19th Century introduced a regime of citizenship to strengthen their hold of power in the new formed nation state. You read "Essay about citizenship – Citizenship in Sao Paulo’s Favelas" in category "Essay examples" In this process, they used soc ial differences, such as education, race, gender to induce different treatment to different segment of citizenship. This was the beginning gradation of rights among the citizens, and here rights were based on segregation, there were certain sections treated better than others. It is this system that created the citizenship of inclusive membership, but largely inegalitarian in distribution. For the elite to maintain the differentiated treatment to citizens after the country’s independence and the abolition of the slave trade, they came up with a dual pronged solution. They ensured direct suffrage and made it voluntary, but at the same time limited it to those who could read and write. This restriction made the electorate much smaller, furthermore in the constitution; there was an elimination of the citizens rights to basic education that provided them with some limited education. This restriction denied the citizens of their political citizenship for a long time until 1985 when it was repealed. According to Holston (2007), after the repeal, the elites still longed to control civil and economic matters. They established a real estate industry that facilitated legitimate the ownership of private property and one that supported free labor immigration. In addition, they created high price for the land and made wages low to restrict the many workers legal access to la nd forcing them to basically be source of cheap labor. The two citizenships developed in tandem and became restrictive as the country changed from a slave based nation to a republic based on wage labor. The regimes that followed in the 20th century followed this paradigm establishing an inclusively inegalitarian citizenship and adopting it to a modern situation. It incorporated the emerging labor force in the urban areas into a new arena of labor law devoid of equality. According to , inclusively inegalitarian citizenship was the cause of the insurgency. Inegalitarian citizenship representative of inequality in his theory can be disapproved more so in the context of it use. If the residents of the favelas are unequal, that has not stopped them from moving up the economic and political ladder. Luiz Inacio Lula da Silva is a good example of this scenario; he was raised in the favelas and emerged as the head of state. Therefore, the insurgence is not in demand for autonomy, but for residence and more so for the poor. The cause for the insurgency was lack of planning that takes into consideration the workers and the poor of the city. In addition, as much as Holston (2007) argues that favelas claimed their citizenship, this is far from the truth. They might have stopped evictions and initiated a new process of issuance of titles, but this calls for a redefinition of citizenship. Citizenship calls for recognition of the rights of each and every resident, as part of the urban populace; they have equal democratic right to environmental health as well as basic living conditions. The rights herein refer to basic urban services including but not limited to water, sanitation, power, and education. The favelas inhibit provision of these basic services, first of all it is not easy to gauge the population in these areas for planning purposes; they are not only congested, but also risky as a result of high crime rates. In addition, the houses constructed in favelas are not planned and are informal hence it is difficult to access them for the provision of certain services such as good roads, drainage, water supply and even power. These conditions render the favelas by default inaccessible to basic urban services. Furthermore, Holston’s (2007) approach explores cultural phenomena, and he makes a persuasive case. There seems to be another problem in the favelas that have a direct bearing on the limited citizenship of the favela residents. There is a need for a clear ethnographic analysis of the key players in these areas, and Holston (2007) fails do provide this. The favelas have been invaded by cartels that would rather have them remain the way they are for business purposes. First, the drug cartels, they have a system of criminal leadership. These criminal gangs have control over most areas of the favelas making it difficult for the residents to receive much needed services due to fear. The middle class and the upper classes are of the opinion that favelas are loci of violence and the epicenter of criminality. This view is further perpetuated by the state officials as well as the law enforcement that result to a repressive approach, from regular police raids to forceful eviction of lar ge populations and razing the structures. These actions are usually justified by the mere fact that the favelas are crime hotspots. Criminal gangs and activities play a significant role in preventing accessibility into the favelas, this leads to the government shortsightedness, police unaccountability, and most important lack of opportunities and services for the residents relegating them to a state of inegalitarian citizenship. Rights in Sao Paulo Favelas The emergence of citizenship in Sao Paulo’s public spheres forced the authorities to relook into these new urban conditions by allowing new kinds and sources of rights. These brought to the forefront issues of substance and scope that were previously ignored by the state’s current laws and institutions. The new citizenship rights developed at the edge of the manifested assumptions of governance: they resolved the new common and personal spaces of everyday life among the economically challenged in the favelas; the rights concerned men, women as well as the children and established work to give state services. The most notable fact of the rights is that they introduced reconceptualization, what Holston (2007) refers to as the greatest historical innovation of these rights. The proponents of these rights had initially thought of them as entitlements of general citizenship, as opposed to a differentiated category of citizens. In this regard, the emergence of participatory p ublics in the favelas introduced and established new understanding and exercise of citizenship rights as well as expanding substantive citizenship to new social frontier. The foundation of rights, therefore, is a combination of new and old formulations. In addition, these rights are subjected to change in concepts. Nonetheless, there is a presentation of a mixture of rights that include treatment rights, contributor rights, as well as constitutional rights. It is evident that few people refer to constitutions and laws and if they do; it was to complain and that, with the exception of labor rights, most were not applicable. The concept of rights as a privileged few is grounded in several incarnations, entrenched in the system of differentiated citizenship. In other words, citizenship remains a means for the distribution and legitimizing inequality. This concept was prevalent in the post constitution favelas being used more than the insurgent one of generalized text-based rights. The generalized text, based rights, proposes that the residents of favelas have unconditional rights and that their rights are not based on personal, social or moral status. Th is sets the stage for the establishment of and the achievement of a more equalitarian citizenship. However, as the residents of favelas are organized in groups, propagates the concept of contributor rights one that adopts both systems of citizenship. This is because the autoconstruction in the favelas was not all inclusive; it excluded some residents. Despite this fact, it was recognized as the builder of the peripheries and emphasized the self-determination and accomplishment of the people in the favelas both at the individual and group level. In addition, autoconstruction promoted a universal citizenship distinct from the differentiated pattern. In the current peripheries, all the three concepts were significant in the development of citizenship. Conclusion This paper has highlighted the concept of citizenship, applying it to the city of Sao Paulo. The paper reveals that the insurgency witnessed in most of the informal settlements in the city are not mere instrumental outcry and violence, but a conflict of citizenship. As the city developed, there was no proper planning that took into consideration the low income earners or even the settlements that were earlier created by the workers. Therefore, there has been the emergence of new citizenship in Sao Paulo’s public spheres forced the authorities to look into these new urban conditions by allowing new kinds and sources of rights. The insurgency introduced new ways of accessing the situation; these brought to the forefront issues of substance and scope that were previously ignored by the state’s current laws and institutions. The new citizenship rights developed at the edge of the manifested assumptions of governance. Citizenship as examined in the paper calls for recognitio n of the rights of each and every resident of the city, as part of the urban populace; they have equal democratic right to environmental health as well as basic living conditions. Bibliography Avritzer, A., 2004. A Participacao em Sao Paulo. Sao Paulo: Editora Unesp. Conceicao, A., 2010. RMSP supera 20 milhoes de habitantes, calcula Seade. [Online] Available at: http://www.estadao.com.br/noticias/economia,rmsp-supera-20-milhoes-de-habitantes-calcula-seade,503095,0.htm [Accessed 14 March 2014]. Diken, B. Laustsen, C.B., 2007. Sociology Through the Projector. New York: Routledge. Geo Cases, 2003. Sao Paulo: Population and Slum Housing. [Online] Available at: http://www.geocases2.co.uk/printable/Housing%20in%20Sao%20Paulo.htm [Accessed 14 March 2014]. Holston, J., 2007. Insurgent citizenship in an era of global urban peripheries. [Online] Available at: http://www.publicspace.org/es/texto-biblioteca/eng/b001-insurgent-citizenship-in-an-era-of-global-urban-peripheries [Accessed 15 March 2014]. Holston, J., 2007. Insurgent Citizenship: Disjunctions of Democracy and Modernity in Brazil. Princeton: Princeton University Press. Human Rights Watch, 2009. Lethal Force: Police Violence and Public Security in Rio de Janeiro and Sao Paulo. New York: Human Rights Watch. McCann, B., 2006. The Political Evolution of Rio de Janeiro’s Favelas: Recent Works. Latin American Re, pp.149-63. Santos, B.d.S., 1995. Toward a New Common Sense: Law, Science and Politics in the Paradigmatic Transition. New York: Routledge: Routledge. The Guardian, 2002. Luiz Inacio Lula da Silva. The Guardian, 27 October. UN Habitat, 2012. The Role of Urban Planning in Preventing Slums and Addressing the Existing Slums. [Online] Available at: http://www.mhu.gov.ma/Documents/TOP%2020/Pr%C3%A9sentations%2027%20nov/The%20role%20of%20urban%20planning%20in%20preventing%20slums%20and%20addressing%20existing%20slums.pdf [Accessed 15 March 2014]. Wakefield, E.G., 1968. A letter from Sydney. In The collected works of Edward Gibbon Wakefield. Glasgow : Collins. Wolfe, J., 2014. Working Women, Working Men: Sao Paulo the Rise of Brazil’s Industrial Working Class, 1900–1955. Duke University Press. 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Business Corporations Law of Australia

Question: Discuss about the Business Corporations Law of Australia. Answer: Introduction: There are four major issues which need to be opined on the basis of relevant legal principles. Whether Steve can be held responsible for Toms losses. Whether Steve can be sued by Pamela for breaching of contract. Whether Danny and Steve have executed a legally enforceable contract. Whether Steve and Cool It Aircon Ltd have an enforceable contract in place and if the company can press Steve to comply with the contract terms. Law The main pre-requisite for a legal contract is the presence of a valid agreement. Such an agreement would typically consist of both offer and acceptance. The offer is communicated by the offeror and the offeree in turn may decide to accept the offer, reject it or propose a counter offer for the offeror. It is imperative that only unconditional acceptance may be termed as a valid acceptance (Carter, 2012). It is imperative that the acceptance on part of the offeree is communicated to the offeror as mere mental acceptance does not lead to enactment of a contract. It is apparent from the arguments in R v Clarke(1927) case that any acceptance that is communicated to the offeror without the offeree actually intending to communicate the same would not hold value and thus any contract enacted on such basis would be null and void (Lindgren, 2011). It is imperative that the before communication acceptance, the offeree should know about the offer and the specific terms contained therein (Gibso n and Fraser, 2014). A valid agreement can be converted into an enforceable contract with the present of consideration and intention on the part of both parties to be bound in a legal relation. Consideration may be defined as the gain that a promisor gets for making a promise to the promisee (Carter, 2012). In accordance with the relevant contract law provisions, past consideration is not held as a sufficient consideration for enacting present or future contracts. As indicated in the Harrington v Taylor (1945) case, no consideration can be promised for a promise that has been executed by the other party (Davenport and Parker, 2014). In accordance with common law, if any misrepresentation with regards to a particular factual data which has been made so as to ensure a contractual relationship with the other party, then the party who has defaulted would be held responsible for any losses that the aggrieved party may sustain due to incorrect information being communicated. Further, the aggrieved party has the option of terminating such a contract (Lindgren, 2011). As per the relevant provision of CCA (Competition and Consumer Act), 2010, with regards to commercial transaction between two parties, the party which carries on commerce must ensure not to carry out any activity which may be termed as deceptive. In accordance to verdict in Google Inc v ACCC (2013), it can be concluded that in the event of default, then as per Section 18 damages can be claimed by the other party (Pathinayake, 2014). Additionally, if any events takes place which essentially is beyond the contracting parties scope and renders the discharge of contractual obligations as impossible, then this results in the contract being declared as frustrated and would be terminated as evident from the decision taken in the Taylor v Caldwell(1863) (Latimer, 2005). Application In wake of the above legal principles, the given situations are analyzed as shown below. A truck has been hired by Tom from Steve. Tom specified that the truck should be able to carry cargo to the tune of 10 tons. Steve assured Tom that he is providing him with a truck that had a load capacity of 12 tons. However, this factual statement made by Steve was false but was made with the intention of entering a legal agreement with Tom. In line with Section 18 of CCA, Tom can claim damages from Steve for the losses caused due to this false information. Pamela used to water Steves garden in his absence. However, it was purely voluntary and the two did not have any agreement regarding the same. But Steve was impressed with this and thus promises to lend her a car for the weekend trip when she approaches him for help. However, this promise is not enforceable since it is based on past consideration and thus Pamela would not be successful in suing Steve. A contract was enacted between Steve and Danny as per which Steve agreed to provide him with a Toyota Corolla on rent. The rent and other charges were told by Steve and Danny agreed for the same. However, at the time when Steve promises the availability of Corolla for Danny, he is not aware that the car had already been destroyed. Since the car i.e. the object of the contract has been destroyed, hence the contract would automatically be terminated on account of it being frustrated. Hence, Danny cannot enforce the contract as it has been frustrated for no fault of either party. There were negotiations between Steve and Trisha (representative of Cool It Aircon Ltd) with regards to purchase of air conditioner. Trisha sent a draft of the contract to Steve and this was put aside by Steve. However, this contract got mixed with the other papers on his desk and he signed by mistake assuming that it is a different document and this signed document was also faxed to the company. It is apparent that Steve had no intentions to enter into contractual relation with the company and the acceptance was communicated by mistake and hence there is no enforceable contract in the given case. Conclusion Hence, with regards to the given situation, following conclusions could be drawn. There has been violation of CAA, 2010 and common law by Steve who indulged in misrepresentation and hence Tom can claim damages. Pamela did not have an enforceable contract since it was based on past consideration. The contract became frustrated as the car in question was destroyed which rendered the contract as impossible and hence the contract between Danny and Steve is assumed to be terminated. With regards to purchase of air conditioner, Steve did not have any intention to enforce a contract with Trisha and acceptance was communicated in mistake and hence the contract is null and void. References Carter, J. (2012), Contract Act in Australia, Sydney: LexisNexis Publications Davenport, S. and Parker, D. (2014), Business and Law in Australia, Sydney: LexisNexis Publications Gibson, A. and Fraser, D. (2014), Business Law, Sydney: Pearson Publications Latimer, P. (2005), Australian business law, Sydney: CCH Australia Lindgren, K.E. (2011), Vermeesch and Lindgren's Business Law of Australia, Sydney: LexisNexis Publications Pathinayake, A. (2014), Commercial and Corporations Law, Sydney: Thomson-Reuters,