Tuesday, August 6, 2019
Urbanization: An analysis
Urbanization: An analysis 2.1 Urbanization 2.1.1 Current discourse in urbanization concept Urbanization is growing in most part of the world in line with technological discovery and human civilization. The rapid urbanization began at Englandââ¬â¢s industrial capitalism (Clark, 1998) at the end of 18th century and it spread rapidly after the use of coal for the industry primary raw material and a better transportation system (Hall, 1994). In developing world, urbanization started in 1950 after the Second World War (Crenshaw, 1991) and it is growing everywhere now especially in Africa and Asia. United Nationââ¬â¢s report indicated that by 2050, most population will be concentrated in cities and towns of developing countries. By this year, if Africa and Asia continue their current rapid growths, 50 percent of the population will live in urban areas and in 2010 it is predicted that the urban population is higher than the rural one (figure 2.1) Figure 2.1 Urban and rural population of the world, 1950 2030 (Source: Junaidi, 2006) There are four existing definitions for urbanization concept that mostly be the attention of urban planners. First, urbanization is seen as a process in which there have occurred transferring ideas and practices from urban areas into surrounding hinterlands. Second, urbanization is viewed as the increase both in behavior and problems considered to be urban types of rural area. The third, urbanization is related with the process of population concentration in which it is found the increasing ratio of the urban population to the total population (Phren. K. P, 1962) and the fourth, urbanization is seen as the combination of densification or the increase of density of people and building unit and the outward spread of people and built areas (Forman, T. www.cambridge.org). However, all of these definitions are interelated that all the urban planner needs to consider them in urban planning process integratedly. There are many related concepts involved from these in defining urbanization definition. From economic point of view, urbanization tend to connect it with labor division; demography related with density and population size, sociologic regarding to the way of living, and the last is geography from characteristics of the built up environment (Crenshaw, 1991). However, most analysts agree that demography is the basic criterion in differentiate urban and rural area (Clark, 1998, White, 1994, UNECA, 1968) because the population growth, including population density change, are the most quantified way to see the growth of an area. The most common example is United Nation that also uses the population size to standardize the urban localities and city among the nations. Mostly literatures argue that the driving force for urbanization is economic reason (Clark, 1998; Crenshaw, 1991, Jeremias, 1988), but there is a difference in the background of which. In developed world, rapid urbanization occurred because of industrial revolution, capitalism, and the invention of technology and a better transportation system while in developing countries, urbanization tend to occur because of economic imperial. The developing countriesââ¬â¢ cities were previously prepared for supporting the economic interest of the powerful regime to earn money, to expand and control foreign trade, to create new markets for products and to acquire raw materials and cheap labor (Crenshaw, 1991). Many specific reasons for the driving force of urbanization and the traditional literature categorized them as push and pull factors. The push factor occurred because of the pressure of poverty problem and environment degradation in rural area. The poverty occurs because of limited job opportunities, limited land for agriculture and other natural resources limitation. The pull factor is related to the attraction of urban area for a better life. It is often related to a wider job opportunity, higher economic growth, better services and modern facilities (Baiquni, 2004). From this pull and push factors, it could be seen the disparities between urban and rural area are the main reason making more and more population concentrated in urban area. 2.1.2 Urbanization determinant The proximate determinants of urban growth can be grouped into three categories: firstly, the total population; secondly, rapid economic growth; and the third, percentage of built up area and areal extend (White, 1994). Population size The more population size of an area, the more urbanized it will be and it is positively related to the growth of urbanization (Rogers, 1982). The increasing of population size is caused by both migration and mortality. Migration flows occur because of employment availability in nearby cities and towns, ethnic connections in particular cities, the roads development and the accessibility of transportation (Connell et al, 1976). Some researches stated that the economic imbalance resulting wage disparities in urban and rural is a major reason for high levels of rural-to-urban migration. The size of population in urban area will be in line with the needs of water for these urban dwellers. Economic growth It appears that rapid economic growth related to urbanization (Becker Morrison 1988, Preston, 1979) that the urbanization level of an area can be marks by its rapid economic growth. Mostly in urban area people do not work in agriculture sector as in rural area, but in service and manufacture. The manufacture developments in urban area have triggered the employment opportunities for rural people to come, and a higher wage offered by manufacture sectors compared to the agriculture ones results in a better economic condition and quality of life. The quality of life will also influence to the water consumption quantity and quality. Percentage of built up area The urban characteristic can be seen from the density of people and the increase of building units. The sign is can be seen from the reduction of green spaces or the changing from low to high-rise apartment buildings. Other sign of urbanization is the city grows by expanding outward. Cities may also urbanize by rolling over suburbs, and suburbs urbanize by rolling over farmland or natural land (Crenshaw, 1991). The changing of landsape by built up environment will be related with the number of recharge area and wastewater quantity that will influence the groundwater. 2.2. Groundwater system on earth Groundwater constitutes about 98 percent of water on earth and both its storage and flow is one of the key elements of natural water systems (Foster, S, 1998). This fact makes groundwater an essential element to human life and economic activities. The details about groundwater hydrology are beyond the scope of this discussion, but a general overview will be presented. Figure 2.2. Hydrology Cycle Source: http://www.climatescience.gov/Library/stratplan2003/final/graphics/images/SciStratFig5-1.jpg Groundwater is water located beneath the ground surface in soil pore spaces and including one component of the earthââ¬â¢s water cycle. The water cycle is called the hydrologic cycle and it involves the movement of water as rain, snow, water vapor, surface water and groundwater. The earthââ¬â¢s water is constantly circulating from the earthââ¬â¢s surface up into the atmosphere and back down again as precipitation. When rain falls, a part of it infiltrates the soil. A proportion of this water will be taken up by plants while some will infiltrate more deeply, accumulate above an impermeable bed, saturate the pore space of the ground, and finally form an underground reservoir. This underground reservoir is called an aquifer, a place from which significant quantities of water can be abstracted for human needs. An aquifers productivity to store and transmit water are not the same, it depends on the fundamental characteristic of its constitute. Some of which are granular sediment such as sand, cement sediment such as sandstone and limestone, rock and fracture rock. The ground above an aquifer through is called the vadose zone; it is where the excess rainfall passed vertically. The level to which the ground is fully saturated is known as the water table. The nature, the occurrence of groundwater and the movement of water trough groundwater system is shown in the figure 2.2. 2.3 Urbanization and groundwater resources 2.3.1 Current Discourse Urbanization has been recognized as a trigger of social and environmental problems (Dogan Kasarda 1988, Timberlake 1985). The rapid expansion in groundwater exploitation of many industrialized nations occurred during 1950ââ¬â1975 while in in most parts of the developing world it occurred during 1970ââ¬â1990 (Zektser Margat 2003). The groundwater is estimated to provide at least globally 50% of current potable water supplies; 40% of the demand from industries, and 20% for water use in irrigated agriculture (Foster, 1998). These proportions vary widely from country to country and within countries depending on human activities on it. The groundwater is generally the main water resource to be tapped for urban dweller needs if a city has productive aquifers (Minciardi, 2007; Somma. 1997; Hiscock, 2002). This is because the groundwater has an excellent natural quality with significant savings in treatment costs compared to other surface water source. Other reason is because groundwater is a more secure source of water supply during long dry periods compared to the surface water resources (Clark, 1998, Ohgaki, 2007). Groundwater is also a suitable for public supply and independent private use, especially during the early stages of development (Foster, 1998). Two common methods for urban aquifer exploitation are by hand-dug wells and drilled boreholes (Foster, 1998). Hand-dug wells are usually less than 20 meters depth with diameters of 1 meter or more. In this method, the water is usually abstracted manually or by small pumps. The water supply boreholes are mechanically drilled, usually having smaller diameter than hand-dug wells, but much deeper ranging from 20 to 200 meters or more in depth. These two methods if developed in uncontrolled manner will cause groundwater depletion as it has occurred in many urban cities over the world (Ohgaki, 2007; Minciardi, 2006; Foster.S.S.D, 2001). 2.3.2 Urbanization impact to groundwater resources It has been identified that urbanization results in aquifer depletion, saline intrusion, and land subsidence, changing patterns and rates of aquifer recharge and affecting the quality and quantity of groundwater (Foster, 1998, White, 1994, Ohgaki, 2007, Minciardi, 2006). In this discussion the overall focus will be on the depletion of groundwater quantity related urbanization. Figure 2.2. Urban development and its impact to water resources Source: (Foster, 1998) From the figure above, it could be seen the urban development and its impact on the changing of urban groundwater. In the beginning, all cities evolve from small settlements; formal or informal. In this stage, the city dwellers can abstract groundwater using shallow well and boreholes as the groundwater is still abundant. As the infrastructure for wastewater either has not been adequate yet or less than the population needs, the wastewater starts discharging to the ground and starts to pollute the groundwater supply. When the town becomes city, the need of water supply is getting higher resulting from rapid urban population growth in contrast with the decline of groundwater supply. As the result, the well is deepened and there has been occurrence of land subsidence because of more urban dwellers do this deepening. The wastewater is still continuing to pollute the groundwater. The city then expands in line with the urbanization trend resulting to more water needed, more contaminant enters groundwater system and water table rises beneath the city. The urban dwellers start abandons their groundwater resources while the groundwater exploitation of hinterlands area as the alternate sources are getting higher. Because of the storage capacities of most aquifers are large, there is often a major time lag before the problems of groundwater depletion, water table rise and groundwater pollution becomes fully apparent (Foster, 1998). Further, there is increasing water supply scarcity with higher marginal costs for urban water supply. At the end, the traditional use groundwater that is low cost, minimally treated, and abundant for public water supply in urban areas is being threatened. Groundwater depletion The abstraction of groundwater has proved to be the cause of a qualitative decline in water levels. If abstraction is limited, the water level will be stabile at a new equilibrium. However, if occurs either a heavy or and concentrated groundwater withdrawal until it exceeds the local recharge, the water level may continue to decline over many years. As the result, there will be spreading of depress water level, land subsidence, water quality deterioration, sea water intrusion, up-coning and induced leakage of polluted water from the surface (Foster, 1998; Wangsaatmaja, 2006; Braadbaart, 1997) Mostly the problems and causes of aquifer depletion and contamination are clear while immediate solutions are not. General solutions involve some combination of increased recharge rate, reduced consumption rate, efficiency gains, and reduced or eliminated contaminant sources (Vo, 2007, Venkatesh Dutta, Foster.S.S.D, 2001). For example, reducing the velocity of runoff and providing time for recharge could enhance groundwater supplies significantly and at the same time reduce land-based sources of pollution to receiving waters. Land subsidence Land subsidence occurs for a variety reasons, but natural and manmade groundwater abstraction is one of the most contributor to this condition. The remedying efforts of the land subsidence impact involve a high economic cost (Foster, 1998). It is because differential subsidence damages roads, buildings, and other surface structures and it can seriously disrupt underground services such as water mains and water pipelines, sewers, cable conduits, tunnels, and subsurface tanks. In cities located on flat topography, subsidence can disrupt the drainage pattern of rivers and canals and can increase the risk of flooding. The land subsidence effects can be more serious in coastal areas because it can increase the risk of inundation (Hiscock, 2002). Saline intrusion The uncontrolled aquifer exploitation will impact on saline intrusion and it is usually occurs in coastal area. When the groundwater levels fall, the water flow direction change occurs. For thin and alluvial aquifers, this condition results in the formation of wedge shaped pattern and but in the thicker ones, salinity inversions often occur with intrusion of sea water in near-surface aquifer and fresh groundwater in deeper area. Once salinity has diffused into the pore water, its elution will take decades or centuries. Induced pollution Uncontrolled exploitation has consequences to contaminate the deeper aquifer. This induced pollution is caused by inadequate well construction, vertical pumping-induced, and sewage. Some rapidly developing cities have provided mains sewerage and generate large volumes of wastewater but this wastewater is normally discharged untreated or with minimal treatment to surface watercourses. It especially occurs in more arid climates (Anderson, 1987). 2.4 Urbanization Impact on groundwater management policy Although groundwater is the source of drinking water for most people, it is often ignored and taken for granted in urban planning program. The problem was expressed this way by the US Water Council in 1980: ââ¬Å"The role of groundwater in water supply often has been slightenend in the past, one reason being believed that groundwater couldnot be adeqately evaluated in terms of avalibility, chemical quality, economics, or injuctive supply with surface water resources. However, substantial progress in groundwater analitical capability in recent years has made the resources more amanable to rational planning and management operationâ⬠(US Water Council in Grigg, 1996) Urban groundwater problems evolve over many years or decades as the result of slow the respond to most groundwater problem. The groundwater depletion and pollution problem are usually solved in incremental way by abandoning the shallow wells and replacing them with deeper boreholes to the aquifer (Grigg, 1996). However, this approach may only provide a temporary solution and if the urban planners continue this method, the groundwater supply will be in more stress condition. Therefore, the more comprehensive and sustainable groundwater planning and management approaches are needed to be developed (Tellman). 2.4.1 Groundwater Management Many literatures define groundwater management differently. Some emphasizes on the technical aspect such as engineering and hydrology, some are the process of managing and some others are the combination of them. However, the common similarity is on their objective that groundwater management is prepared to ensure that groundwater resources are managed in a fair, equitable and sustainable manner (Hiscock, 2002; Ohgaki, 2007; Minciardi, 2006;Venkatesh Dutta). Groundwater management can be defined as a number of integrated actions related to both natural and managed of groundwater pumping and recharge to achieve the long-term sustainability. California government in 2003 DWR Bulletin 118 2003 defines groundwater management as a set of activities including the planned and coordinated monitoring, operation, and administration of a groundwater basin or portion of a groundwater basin with the goal for long term sustainability of the resource. As the result, the groundwater management involves a number of engineering disciplines including survey and monitoring, geological interpretation, hydrological assessments, hydrogeological modeling, chemical and geochemical assessments and optimization. Groundwater management also deals with a complex interaction between human society needs and physical environment and it presents a difficult problem of policy design (Foster.S.S.D, 2001; Somma, 1997). For example, aquifers are exploited by human decisions for sustaining their lives and overexploitation cannot always be defined in technical terms, but as a failure to design and implement adequate institutional arrangements to manage people who exploit the groundwater resource. Common pool resources have been typically utilized in an open-access framework because of the characteristics of groundwater resources (Somma, 1997). When no one owns the resources, the users do not have any obligation to conserve for the future, and as the result, self-interest of individual users leads them to overexploitation. Groundwater management is a debated issue with very few examples of effective action on groundwater resources. However there some approaches that several studies concluded them as a successful groundwater methods, for example, sustainable groundwater development and management in the overexploited regions is treated by combining artificial recharge to groundwater and rainwater harvesting; management of salinity ingress in coastal aquifers; conjunctive use of surface water and groundwater; water conservation by increasing water-use efficiency; regulation of groundwater development.. Further, there also innovative methods of recharging the groundwater and storing water in floodplain aquifers along the river banks to enhance the ultimate irrigation potential from groundwater. The following four steps are essential for most groundwater management cases. Firstly, there must be regular and accurate assessment of actual groundwater use in both rural and urban areas to correlate with recharge and extraction. Secondly, expansion should be strictly monitored. Thirdly, separation of feeders for domestic and agricultural power and the fourth, ways must be explored to empower and entrust the communities to manage the groundwater uses. Development of groundwater management is usually begun by an assessment of groundwater problems and management issues, a compilation of groundwater management tools, an identification of action to address issues and problems, selection of the management plan and a discussion of implementation aspects of the plan. Mostly, the suitable groundwater management approaches are identified at the local water agency level and directly resolved at the local level. However, the State also has role in providing technical and financial assistance to local agencies for their groundwater management efforts. The Department publishes a regulatory framework for groundwater management to ensure that the groundwater resources are maintained and used in an orderly, equitable, and sustainable manner. If groundwater management is obeyed and the problem cannot be directly resolved at the local agency level, there is usually an additional actions such as enactment by local governments or decisions by the cou rts. 2.4.2 Sustainable groundwater management Groundwater is an important source of clean drinking water in many areas because of its characteristics, but mostly a sustainable management has not yet been established for this resource. Natural water bodies have become the place for storing human activities products, such as wastewater and other industrial pollution, causing little natural water storage capacity left. The sustainable groundwater management needs to involve a larger management system including the development of alternative surface water supplies, reallocation among economic uses of water, and regulatory limits on abstraction. Like other water resources management and other environment issues, all elements of active aquifer management must involve stakeholder participation and whole basin analysis. It means that sustainable groundwater management should take place on various levels, starting from the localized borehole owner and user to the regional aquifer, basin and catchment area. At the end, the groundwater development will much depend on management principles applied by Local authorities, Government and Inter Governmental development planning and management strategies. By taking appropriate measure, sustainable groundwater management development can be built. In urban planning practice these measures tend to reduce sewer overflows, improve the quality of treatment plant effluent and prevent falling water tables in areas around towns, cities, and the hinterlands. 2.4.3 Major approaches in sustainable groundwater management The literature generally literatures found that the approaches for sustainable groundwater management are divided into spatial and a-spatial approaches as below. The most common similarity in these approaches is that one method cannot stand alone but must be integrated and connected with other disciplines and other sectors. Integrating sustainable groundwater in spatial planning and management a.1) The use of `Hydrological Design Principles This approach involves zoning related to the catchment planning approach, the location approach, and buffering approach. The `Hydrological Design Principles as a basis for making spatial planning decisions or design of land use patterns is the most common approaches for groundwater management. The Catchment Planning Approach objectives are both to adjust land uses or activities with environmental requirements in the catchment area or drainage basin and to prevent peak discharges. This is implemented by allocating land use profiles to each catchment area and by taking account to maintain or increase the catchment areasââ¬â¢ water storage capacity. The attention to be paid is to both water quality and quantity aspects, which are to be managed with the most important goal for achieving an ecological balance with the land use activities. The Location Approachââ¬â¢s aims are to order the various land uses and activities within each catchment area so that the affect occurs is as little as possible to each of them. In this approach, the land uses that have greater demands on water quality are located upstream of more polluting ones, while the more vulnerable uses is located in areas of groundwater seepages. The clean land use activities are placed in the infiltration areas. The Buffering Approach is used to give chance the land uses with incompatible environmental requirements to co-exist. A well-known example at the local level is the hydrological buffering of natural sites from surrounding agricultural land. This can be achieved through appropriate design and management measures that can be implement in a relatively easy and quick manner. a.2) Integrating land use activities, groundwater systems and the environment The approaches are by water storage, habitat creation and natural water treatment combined with new urban development. In many places where the abstraction of drinking water causes damage to nature, water may be abstracted elsewhere instead, for example is in the hinterlands of that area. In some cases, groundwater abstraction should be stopped regarding to riverbank filtration. Water from the river can be pumped into the ground under the banks and later abstracted when it has been sufficiently filtered by passing through the sand and clay in the sub-soil. Raising storage capacity in the river basin through habitat creation, landscaping and establishing outdoor recreation areas are also other approaches for this method. The groundwater system had double function for human life. a.3) Ensuring enough room for water: Catch water where it falls It is mostly done in the areas around the main rivers or flood prone area. It can be in line with habitat protection because the raising the water storage capacity by lowering the ground level of the river or moving back the dikes back offer opportunities for nature development. The widening ditches and raising the drainage level can increase the water storage capacity. As the result, more room for water and the rainwater can be infiltrated into the soil instead of being drained away as quickly as possible to the sewer. An advantageous effect of giving water more room is the greater opportunity it presents to make use of natural filtration and water purification processes. a.4) Controlling subsurface contaminants load and ensuring sufficient clean water Water pollution problems can be partially minimized or controlled by delineating source protection zones around major groundwater catchment areas. On the other hand, there are some related approaches such as firstly; appropriate planning provisions or mitigation measures to reduce contaminants load in particular areas, especially where aquifer is highly vulnerable. Secondly, to moderate the subsurface contamination to acceptable levels by considering the vulnerability of local aquifers to pollution, land use planning to reduce potential pollution sources. Thirdly by selecting controls over effluent discharges and other existing pollution sources and the fourth is by planning waste water treatment or landfill disposal sites regarding to groundwater interests and impacts. Integrating sustainable groundwater in a-spatial planning and management b.1) Institutional management To improve groundwater management, a strong institutional framework is prerequisite. Regarding to groundwater characteristics, an ideal institutional framework should to include legislation to provide clear definition of water use rights that is separate from land ownership. It could be implemented through granting of licenses and tax for groundwater exploitation in a specified manner. Other approach is by regulating and supervising the discharge of liquid effluents to the ground, the land disposal of solid-wastes, and other potentially polluting activities with a need legal consent or planning approval. Some literatures also presented about the behavior change and prospectus in groundwater that is believed can be last longer than the technical approaches. b.2) Demand side management Groundwater management not only requires adequate assessment of available resources and hydrogeology by understanding of interconnection between surface and groundwater system, but also actions required for proper resource allocation and prevention of the adverse effects of uncontrolled development of ground water resources for short and long term. One of the important strategies for this is a-spatial sustainable management of groundwater by regulating the groundwater development in critical areas using demand side approach. Management of demand means managing efficiency of water use, interaction among economic activities that is adjusted with water availability. In demand side management, socio economic dimension plays an important role that it also involves the managing the users of water and land. It is because the regulatory interventions in demand side management such as water rights and permits and economic tools of water pricing will not be successful if the different user groups are not fully involved. As the result, for achieving effective management of groundwater resources, there is a need to create awareness among the different water user groups and workout area specific plans for sustainable development. From among these two characteristics, it can be concluded that there are two emerging broad types of management approaches for groundwater. Firstly, approaches including tools such as power pricing, subsidies for efficient technologies, economic policies discouraging water intensive crops, etc. Secondly, approaches dealing with specific aquifers on the basis of command and control management through a resource regulator. Whichever approach is adopted, the development and management of these resources must be based on an adequate knowledge of a clear comprehensive situation of groundwater aquifer system and its replenishment. Contents CHAPTER II 1 URBANIZATION AND GROUNDWATER PLANNING 1 2.1 Urbanization 1 2.1.1 Current discourse in urbanization concept 1 2.1.2 Urbanization determinant 3 a) Population size 3b) Economic growth 3c) Percentage of built up area 42.2. Groundwater system on earth 4 2.3 Urbanization and groundwater resources 5 2.3.1 Current Discourse 52.3.2 Urbanization impact to groundwater resources 6a) Groundwater depletion 8b) Land subsidence 9c) Saline intrusion 9d) Induced pollution 92.4 Urbanization Impact on groundwater management policy 9 2.4.1 Groundwater Management 102.4.2 Sustainable groundwater management 122.4.3 Major approaches in sustainable groundwater management 12a) Integrating sustainable groundwater in spatial planning and management 13a.1) The use of `Hydrological Design Principles 13a.2) Integrating land use activities, groundwater systems and the environment 13a.3) Ensuring enough room for water: Catch water where it falls 14a.4) Controlling subsurface contaminants load and ensuring sufficient clean water 14b) Integrating sustainable groundwater in a-spatial planning and management 15b.1) Institutional management 15b.2) Demand side management 15
Monday, August 5, 2019
Interest theory of rights, a summary and evaluation
Interest theory of rights, a summary and evaluation Theoretical Foundation of Human Rights: What is the interest theory of rights? Does this theory fail to answer any important questions? ââ¬Å"If the concept of human rights is universal, that is, possesses a validity which is good for all places and for all times, then it is apparent that there is a significant disparity in the way in which these rights are concretised from place to place and from time to time. While the idea of human rights may have a discernible homogeneity, perhaps derived from some kind of natural law theory or social theory, it is nonetheless clear that the implementation of these rights by states lacks a corresponding identity.â⬠(Davidson, 1993:89) Both international relations and moral theories feature prominent debate on the concept and the purpose of human rights yet there appears little by way of consensus with regards to what these rights mean, where the judicial boundaries of action and inaction meet or how to implement the utilitarian principles first adopted by the United Nations in response to the humanitarian horrors witnessed during World War Two. The crux of this theoretical problem resides in the evolution of the concept of human rights ââ¬â an evolution that has worked in tandem with the evolution of liberal democracy in the West since 1945 when ââ¬Å"Western tradition required, as a response to totalitarianism, a reassertion of individual liberty, and for that liberty to be protected by an international law rather than diplomacy.â⬠(Robertson, 2006:29) By this we mean to say that whereas historical notions of human rights were underpinned by the spectre of the state and the stateââ¬â¢s ability to def end persecuted minorities, contemporary notions of human rights have moved beyond the confines of the state and the public sector to incorporate the private citizen and the defence of his or her individual human rights (as opposed to the collective human rights of a people or a state). This is a reflection of the shifting paradigms that have affected liberal democracy at the dawn of the twenty first century where the merging of the public and the private sectors has created a moral, judicial and ideological black hole into which uncertainty and indecision have stepped. The following essay seeks to look at the ways in which this political sense of uncertainty has pervaded the ideological sphere of human rights where according to Saladin Meckled-Garcia and Basak Cali (2005:10-30) the human rights ideal has become ââ¬Ëlost in translation.ââ¬â¢ We propose to look in particular at the ââ¬Ëinterestââ¬â¢ theory of rights, analysing the ways in which it has helped to shed new light on the topic of human rights in general while at the same time highlighting its theoretical flaws. A conclusion will be sought that attempts to underscore the link between rights, indecision and inaction particularly when we view the issue from an international perspective. Before we can begin, though, we need to offer a definition of the interest theory of rights. The interest theory of rights was first proposed by Bentham (1987) who argued that a person has a distinctive human right when others have duties which protect one of that personââ¬â¢s interests. Thus, viewed from the perspective of the interest theory of rights, ââ¬Å"human rights takes their role to be to protect a personââ¬â¢s basic interests.â⬠(Pogge, 2007:186) This constitutes the most fundamental interpretation of human rights within the liberal democratic ideological framework alluded to in the introduction, falling within the theoretical parameters of what Meckled-Garcia and Cali (2005:10) refer to as the ââ¬Ënormative rights modelââ¬â¢ (NRM) which ââ¬Å"identifies features or aspects of our humanity which contribute to our well being and which are vulnerable to the actions of others.â⬠The interest theory of rights therefore seeks to safeguard these features or aspects of our humanity by protecting a citizenââ¬â¢s rights against wrongdoing from another citizen within the same social, political and judicial framework. That it is to say that if, for instance, it is in oneââ¬â¢s interests to not to be physically assaulted then, as far as the interest theory is concerned, it is the responsibility of both the individual and the state to ensure that this does not happen lest the basic interests of another individual be impinged upon. Moreover, there is, as Meckled-Garcia and Cali (2005:11) declare, ââ¬Å"no principled difference is made between individual and collective.â⬠This is in direct contrast to international human rights law (IHRL) where only the state can impinge upon the basic human rights of individuals or groups of individuals living within that sovereign state. As a consequence, we can see that the first and most prominent drawback to the interest theory of rights is that there exists such a wide divergence between theory and practice; between the interpretation of the rights and responsibilities of the individual citizen versus the interpretation of the rights and responsibilities of the sovereign state. This is to say that while the interest theory of rights brings to the fore important concepts relating to the synthesis of the values pertaining to liberty, community and mutuality ââ¬â concepts which Francesca Klug (2000) refers to as values for a ââ¬Ëgodless ageââ¬â¢ ââ¬â it falls of short establishing important criteria with regards to who these rights apply to (the rights holder), who these rights impose duties upon (the duty bearer) and what exactly these duties entail. Therefore, we can see that, rather than seeking to impose values for a godless age, interest theories relating to rights merely help to perpetuate the mi sunderstanding and the misconception of the ideal of human rights so that the definition, interpretation and subsequent implantation of rights remains an ideological and theoretical quagmire (Cali and Meckled-Garcia, 2005:1ââ¬â9). As a result, we can deduce that the first and most prominent failure of the interest theory is that it does not address the concept of establishing a universal concept for human rights and that it fails to address the question of what human rights are and how they are best protected. Addressing the moral aspect of human rights at the expense of the broader legal and judicial imperative only ensures additional questions will be raised as to the purpose of rights as a social, cultural and political ideal. We can also declare that the interest theory of rights is, in its bid to politicise every sphere of human relationships and human interaction, wholly incompatible with international human rights law because ââ¬Å"international law, by its nature, contains traits which alter the nature of human rights provisionsâ⬠(Meckled-Garcia and Cali, 2005:23). That is to say that, as a branch of international law, international human rights law is distinct from domestic law of sovereign states that act as the defining means of arbitrating power between individuals on a state by state basis. Yet, as is the case with all law, human rights law clearly and identifiably differs when the concept is transferred from territory to territory; state to state. Human rights in the United Kingdom are, for instance, an inherently different moral concept from human rights in the United States where the boundaries between the legal and the illegal are set by democratically elected domestic governments. Lik ewise, there are distinct judicial differences between domestic human rights law and international human rights law, certainly in the application and exaction of these laws on a worldwide basis. ââ¬Å"Unlike domestic legal systems, there is no such legislature (making laws for the entire international community) nor is there an executive which enforces the decisions made by the legislature. There are also no comparable judicial institutions which would try violations of law and award a judgement against the offender.â⬠(Rehman, 2002:15) This ongoing discrepancy between the ideal of the interest theory of rights and the practical application of this theory across trans-national borders where there is a discernible lack of international consensus with regards to enforcing decisions renders the interest theory an ideologically weak hypothesis. More importantly, we can see further evidence of how the interest theory fails to answer the question of how best to bridge the theoretical divide between domestic human rights law and international human rights law. We can also find fault in the interest theory of rights when we pause to consider the flip-side of the argument by looking at those rights that are not in the interest rights holder. If, for instance, we consider the legal rights involved in the exchange of property inheritance we can understand the extent to which unwanted goods can be effectively tithed to a person simply because the interest-based law states that it is in the citizenââ¬â¢s best interest to have the property passed down to them. Likewise when we turn our attention to public officials, we can again see the in-built limitations inherent within the interest based right theory. If, for instance, the handing down of custodial sentences was left to solely the best interests of the judge (as opposed to the best interests of the public community whom the judge is supposed to be representing) then the core structures of the criminal justice system would come crashing down with a sense of arbitrary judgement replacing lib eral, democratic rule. It is for this reason that Meckled-Garcia and Cali (2005:24) note that: ââ¬Å"The transformation of a moral right into a legal right, as desirable as it may be, comes at a price. A compromise must be struck with other principles in law.â⬠In this way we can see how the interest theory of human rights represents a paradox whereby in trying to establish a moral imperative to underpin the concept of human rights, the theory has instead given birth to new conceptual confusions with regards to the blurring of the boundaries of the public and the private and the intermeshing of the paradigms of the individual and the state. With this in mind we must now turn our attention towards establishing a conclusion. Conclusion The concept of human rights by nature implies a deep-seated association with the concept of interest with the best interests of the individual being intrinsically linked to the ongoing strive for the ââ¬Å"state of equality and freedomâ⬠between individuals that defines the most basic and fundamental theories of human rights (Freeman, 2002:20). Likewise international law by nature implies a deep-seated association with the concept of interest with the best interests of the sovereign state being the primary determining factor behind the most basic and fundamental theories relating to international relations (Brown and Ailey, 2005:63-77). However, in the final analysis, there is an equally deep-seated chasm between the interest theory of rights and the practice of translating western moral imperatives (which have grown exclusively in tandem with the evolution of western liberal democracy) on both a domestic and, especially, on an international scale. There must, ultimately, be a limit to the freedom of the individual and a point at which the best interests of the individual have to be subjugated in favour of the best interests of the state. For as long as this theoretical and practical divide exists, we should presume that the interest based theory of rights will remain rooted in the realms of utopia as opposed to flourishing in the realms of realism. References Bentham, J. (1987) Anarchical Fallacies, in, Waldon, J. (Ed.) Nonsense upon Stilts New York: Methuen Brown, C. and Ailey, K. (2002) Understanding International Relations: Third Edition London: Palgrave Macmillan Cali, B. and Meckled-Garcia, S. (2005) Introduction: Human Rights Legalized: Defining, Interpreting and Implementing an Ideal, in, Meckled-Garcia, S and Cali, B. (Eds.) The Legalization of Human Rights: Multidisciplinary Perspectives London and New York: Routledge Davidson, S. (1993) Human Rights: First Edition Buckingham: The Open University Press Freeman, M. (2002) Human Rights: An Interdisciplinary Approach Cambridge: Polity Press Klug, F. (2000) Values for a Godless Age London: Penguin Meckled-Garcia, S. and Cali, B. (2005) Lost in Translation: International Law and the Human Rights Ideal, in, Meckled-Garcia, S and Cali, B. (Eds.) The Legalization of Human Rights: Multidisciplinary Perspectives London and New York: Routledge Pogge, T.W.M. (2007) Freedom from Poverty as a Human Right Oxford: Oxford University Press Rehman, J. (2002) International Human Rights Law: A Practical Approach London: Longman Robertson, G. (2006) Crimes Against Humanity: The Struggle for Global Justice: New Edition London: Penguin
Sunday, August 4, 2019
The Wars by Timothy Findley Essay -- Justifying Wars Timothy Findley E
The Wars by Timothy Findley Justification. Defined as the act of justifying something. To serve as an acceptable reason or excuse for our actions, based on actual or believed information. Throughout the history of not only the modern world, but certainly back to the ââ¬Å"barest essentials of reasonâ⬠our species have made decisions that have effectively shaped our world into what it is today. Or have not. The judgments made in the past may also have been relatively insignificant to a larger picture, but would still be important in one persons or a group of peopleââ¬â¢s day-to-day life. Either way, choices made in any way, shape, or form, are based on what the decision maker believes to be true or morally right. Timothy Findley displays the abovementioned opinion-based judgments in the novel The Wars. From the background behind the novel, to the ending scene of the main character being burned to the ground in a flaming barn, many choices are made. Whether large and important or small and insignificant, Mr. Findley asks us as readers and as humans to look into ourselves to uncover the reasoning behind the choices, as well as our own actions and the actions of our leaders. The justification for most of the aforementioned incidents in The Wars can be classified under 3 broad-based ideas: safety, self-interest or the moral/general good. The first of these main ideas brought up in the novel is safety. The time setting of the story starts in 1915, almost a year after the First World War has begun. At the beginning of this war, the first major decision based on the idea of public safety was made: going to war in the first place. Assassination at Sarajevo sparks what would be a catastrophic loss for nations all across the world. This decision that directly affects the main character, Robert Ross, is Britain declaring war on August 5, 1914. This automatically makes Robertââ¬â¢s home country, Canada, at war as well, as they were part of the British Empire. In the past century, public safety has been the main justification for most types of war. But is going to war really safe? The conceived viewpoint of the author, often referring to the battlefield as lifeless and, in essence, counterproductive, says no. 9,000,000 casualties in four years across the world says no. Many attempts at peace by the UN and peacekeeping coun tries such as Canada say no. Yet, world leaders still pos... ...n for his condition after the fire, Robert would have been in prison for his actions. Instead, his almost lifeless body was guarded all day, even though it was stated by doctors that he would never be able to function or be capable or reason again. Or treason again. Second Lieutenant Robert Ross was a tyrant or pioneer. ââ¬Å"Bastardâ⬠or ââ¬Å"heroâ⬠. This is for us to decide for ourselves. Throughout The Wars, the main character is involved in many decisions, most of which fit under three main ideas or categories of justification: moral/general good, self-interest, and safety. Timothy Findley indirectly asks the readers of his novel to take these ideas into our own lives, and apply them to the decisions we make as a person or as a society. These decisions may be as simple as what type of bread we buy in the morning to more significant, such as who we vote for on Election Day. For any action we take there is always some type of justification or reason for doing what we are doing. It occurs today as it has occurred in centuries before. And surely, as we look into the future, the decisions will remain, only the justifications will differ, based on information we believe or know to be true.
Saturday, August 3, 2019
Preservation of Red-Cockaded Woodpecker Habitat Essay -- Argumentative
Preservation of Red-Cockaded Woodpecker Habitat Ever since 1973, when the Endangered Species Act came into being, conservationists and private landowners have been debating over whether to preserve the habitats of many endangered species found in unprotected areas (Ligon et al, 1986). Increasing levels of human development has led to the cutting of old-growth forests and construction of roads and other physical barriers to wildlife. These activities have greatly contributed to the fragmentation of wildlife habitat, which has had detrimental effects on the population structure and survivorship of the affected areaââ¬â¢s indigenous species. One species that has been affected by habitat fragmentation is the red-cockaded woodpecker (Picoides borealis), a nonmigratory bird with a home range covering most of the southeastern United States (Roise et al, 1990). Habitat fragmentation has led to the loss of genetic variability, nesting sites, and suitable population sizes to support cooperative breeding requirements. These factors h ave been responsible for the precipitous decline of the red-cockaded woodpecker. Because the red-cockaded woodpecker provides important ecological and economic benefits to both humans and the environment, we should strongly consider enacting a conservation plan for this species. The red-cockaded woodpecker, an inhabitant of mature pine forests and pine-grassland ecosystems from Maryland to eastern Texas, has had a troubled history within the last decade (Roise et al, 1990). Ten years ago, James documented a population decline in Americaââ¬â¢s largest remaining red-cockaded woodpecker population (1991). Of the 2,157 clusters, or living groups, contained in national forests, 693 of them were located in Florid... ...ed, J. M., Walters, J. R., Emigh, T. E., and Seaman, D. E. 1993. Effective population size in Red-cockaded Woodpeckers: population and model differences. Conservation Biology. 7(2):302-308. Roise, J., Chung, J., Lancia, R., and Lennartz, M. 1990. Red-cockaded Woodpecker habitat and timber management: production possibilities. Southern Journal of Applied Forestry. 14(1):6-12. Stangel, P. W., Lennartz, M. R., and Smith, M. H. 1992. Genetic variation and population structure of Red-cockaded Woodpeckers. Conservation Biology. 6(2):283-292. US Geological Survey. April 2000. Red-Cockaded Woodpecker. http://www.npwrc.usgs.gov/ resource/1998/forest/species/picobore.htm Wilson, C. W., Masters, R. E., and Bukenhofer, G. A. 1995. Breeding bird response to pine-grassland community restoration for Red-cockaded Woodpeckers. Journal of Wildlife Management. 59(1):56-67.
Friday, August 2, 2019
Eulogy for Mother :: Eulogies Eulogy
Eulogy for Mother The Cost Death is not too high a price to pay for having lived.à Mountains never die, nor do the seas or rocks or endless sky. Through countless centuries of time, they stay eternal, deathless.à Yet they never live! If choice were there, I would not hesitate to choose mortality.à Whatever Fate demanded in return for life Iââ¬â¢d give, for never to have seen the fertile plains nor heard the winds nor felt the warm sun on sands beneath a salty sea, not touched the hands of those I love ââ¬â without these, all the gains of timelessness would not be worth a day of living and of loving; come what may.â⬠- Dorothy N. Monroe - It is hard to give a eulogy for oneââ¬â¢s parent.à More than the death of a classmate or sibling, the death of a parent is not only a loss, but also a reminder that we are all following an inevitable path. We are all ââ¬Å"Outrunning Our Shadowâ⬠as her friend Fred Hill so provocatively titled his book. As Dorothy N. Monroeââ¬â¢s poem, printed in your program, says:à ââ¬Å"Death is not too high a price to pay for having lived." When my father died, I was too young to participate in a meaningful way, so at some level this is my eulogy for him, too. Mother was born on November 7, 1917 in Louisville.à Her mother was an unmarried 17-year-old and Mom was put up for adoption.à That may be a surprise to you.à It was a surprise to me when I learned about it as an adult. As an infant Mom was adopted by Clyde and Maude Johnson, who named her Doris Eileen. When Mom was about ten Clyde abandoned his family, and she and her mother moved in with Maude's sister in the Port Fulton neighborhood of Jeffersonville.à My Unc and Aunt Smith became Mom's surrogate parents, and she lived with them until she married.à A few years later Maude was institutionalized at Craigmont, where she lived for the rest of her life.à There is a third marker on the cemetery lot where Mom and Dad are buried for our Grandmother Maude Johnson. Mother never talked much about this or other aspects of her life.à Nor did she want to know the details of otherââ¬â¢s lives.à She practiced ââ¬Å"Donââ¬â¢t Ask, Donââ¬â¢t Tellâ⬠long before it became a catch phrase.
Thursday, August 1, 2019
Research Ethics for Social Scientists: Between Ethical Conduct and Regulatory Essay
In this case, the questions of when researchers may possibly feel that they had a responsibility to protect research subjects along with what they can do when faced with criminal behavior are addressed (191). The commentators in this case included ted Palys, john Lowman, Monique marks and Dick Hobbs. On the question of intervening on the violence incidences, Dick Hobbs points out that intervening would be counterproductive but since violence is both emotive and seductive to men intervening would be due to personal relations with one of the fighters but not on the basis of social justice (192). All the commentators were cautious of intervening because they feared it would alter the behavior which they were studying. However, apart from Dick Hobbs the rest believed that it was crucial to report the incidence if someone got seriously injured. On the issue of revealing the information they gathered in the field some suggested they would be willing to do so (Palys and Lowman), others (Dick Hobbs and Marks) argued that they would not since the information was meant for academic purposes only and testifying would elevate research profile and make it hard to perform another research on similar sites (193). All the commentators agreed that the source of funding would not affect their decisions to intervene and testify. However, Marks and Hobbs highly criticized the attempts of directing researchersââ¬â¢ responses to ethical dilemmas since their decisions in the field were not governed by formal codes, but were rather situational and responses cannot be determined outside the field (194, 195). à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à Conclusion This reading shows that although it may not be their duty, social researchers in criminal investigation have a duty to protect the respondents especially when someone may get injured in the processes. They should do so by reporting such incidences and testify upon what happened for the purposes of social justice. References Mark, I. (2006). Case study 2. Research ethics for social scientists: between ethical conduct and à à à à regulatory compliance. Sage publications, London. Ã
High School Student And Adulthood Essay
ââ¬Å"The power which resides in him is new in nature, and none but he knows what that is which he can do, nor does he know until he has tried.â⬠Understanding Defines Change Psychologists Scott Scheer, Stephen Gavazzi, and David Blumenkrantz undertook a comprehensive review and analysis of the psychoanalytic literature that discussed the rites of passage in adolescence; from the reading, they derived two truths concerning an adolescentââ¬â¢s rite of passages. Primarily, as Scheer, Gavazzi, and Blumenkrantz state, ââ¬Å"Not all transitional events necessarily indicate the occurrence of life transitionsâ⬠(1); however, ââ¬Å"It is believed that both cognitive interpretation and integration are required before the event genuinely becomes a significant transition or rite of passageâ⬠(1). Essentially, to label a singular event as one that ignited a life transition, one must understand the resulting effects of the event. Additionally, according to Scheer, Gavazzi, and Blumenkrantz, the event that marks the end of the transitional period between adolescence and adulthood defines the rite. Principally, a singular event cannot accelerate oneââ¬â¢s progression into adulthood without one realizing the effects or changes that the event caused. In ââ¬Å"Self-Relianceâ⬠by Ralph Waldo Emerson, Emerson described the idealistic depiction of the Romantic heroââ¬â¢s rite of passage. Emerson states that ââ¬Å"The power which resides in him is new in natureâ⬠(1), and he believes that a person should seek the meaning of that power for himself. Emersonââ¬â¢s statement that one doesnââ¬â¢t know the power that they have until one finds it (1) falls directly in line with Scheer, Gavazzi, and Blumenkrantzââ¬â¢s interpretation of oneââ¬â¢s rite of passage. Scheer, Gavazzi, and Blumenkrantz postulate that one cannot arrive at adulthood without first understanding a transitional event. Similarly, Emerson reveals, in the quote at the top of the page, that one does not know his unique power until he has tried to find it himself. Likewise, if one didnââ¬â¢t find their unique power, based on the definition given by Emerson, one hasnââ¬â¢t successfully arrived at that ââ¬Å"Time in a manââ¬â¢s educationâ⬠(1), and, thus, has not successfully completed a rite of passage. Therefore, Emerson views rites of passage as events that are intrinsically bound to understanding, and without cognitive interpretation, an event cannot allow one to find oneââ¬â¢s unique power, disqualifying it as a rite of passage. The idea that rites of passages are dependent upon cognitive understanding holds true throughout a number of literary texts. For instance, in Walden by Henry David Thoreau, Thoreau details the rite of passage of a kingââ¬â¢s son. As Thoreau states, ââ¬Å"One of his fatherââ¬â¢s ministers having discovered him, revealed to him that he was, and the misconception of his character was removed, and he knew himself to be a princeâ⬠(72). Like Scheer, Gavazzi, and Blumenkrantzââ¬â¢s postulated, the sonââ¬â¢s discovery alone did not result in the personality transition from that of a foresterââ¬â¢s child to a prince. Instead, the son had to realize that he was, in fact, a prince before the transition could completely take effect. Thus, for one to totally embark and complete a rite of passage or a life transition, one must understand the effects of a singular event. (487) Works Cited Emerson, Ralph Waldo. ââ¬Å"Self Reliance.â⬠Adventures in American Literature: Pegasus Edition. Ed. Bernard Brodsky. Orlando: Harcourt, 2004. 221. Print. Scheer, Scott, et al. ââ¬Å"Rites of passage during adolescence.â⬠Forum. n. page. Web. 17 Feb. 2013. . Thoreau, Henry David. Walden. New York: Penguin Classics Publishing, 2005
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