There should not be state sales taxes assessed on Internet purchases Essay

There should not be state sales taxes assessed on Internet purchases - Essay Example However, this aspect of sales tax free goods is not available in many states or countries. It has been observed that in many states of the United States of America (US), the consumers making online purchases are required to pay the requisite sales tax amount in their respective state tax agency. This prospect of providing tax free goods or products has hampered the revenue of the government as well as the brick-and-mortar retail outlets which are providing identical goods and services by minimizing their sales volume and customer base (FindLaw, â€Å"Do You Have to Pay Sales Tax on Internet Purchases?†). It has been observed that in the US, law has been formulated as well as implemented with the intention of collecting sales taxes for the shopping which are made online. In this respect, the Marketplace Fairness Act has been formulated with the intention of collecting sales tax in relation to online transactions which are performed within states. Moreover, this Act allows an ex emption for online retailing businesses with less than US$1 million domestic sales annually (Yadron, â€Å"Lawmakers Reintroduce Online Sales Tax Legislation†). Thesis Statement The paper intends to describe the issue i.e. whether or not sales taxes should be assessed on the purchase of goods through internet. The discussion will identify the major aspects with regard to the issue. Moreover, certain supporting opinions will be provided regarding the issue with facts as well as logic. Objective Description of the Issue The sales taxes on the purchases which are made through online sources are dependent on the location of the consumer. The Supreme Court in the year 1992 made rules that online retailers who have a physical presence in the states are charged with sales taxes on most of the purchase transactions made. In this aspect, online retailers are obliged to charge sales tax for the goods which are sold to home state consumers. In case, when goods are sold to consumers in o ther states then such consumers can acquire these goods without any sales taxes (FindLaw, â€Å"Do You Have to Pay Sales Tax on Internet Purchases?†). It has been observed that there are many large websites which are performing business transactions free of sales taxes by inaugurating subsidiaries with the intention of performing only the online businesses. It is also recognized that they perform online business transactions without physical presence. The above mentioned practice of online businesses is required to be mitigated with the objective of assisting the online businesses with physical presence that are losing sales volume due to online shops which are providing goods at free sales taxes (FindLaw, â€Å"Do You Have to Pay Sales Tax on Internet Purchases?†). The consumers purchasing tax free goods from online sources are required to pay sales tax to the agency in a direct manner where sales taxes are charged in their states. In case, where the consumers pay sal es tax directly to the sales tax agency are termed as ‘use’ tax. The only difference between sales tax and use tax is regarding the paid tax amount. In terms of sales tax, the tax amount is directly paid by online retailers to the sales tax agency. While, in case of use tax, the tax amount is paid by consumers themselves. Moreover, collecting use tax for small purchases tends to

The employment relationship Essay Example for Free

The employment relationship Essay This essay explores and discusses the employment relationship while considering the value of a systems approach to industrial relations and the fact that individuals view issues from a particular frame of reference. The employment relationship is developed on an inter-related basis involving economic, social and legal dimensions of wider society (Fells, 1989). Organisations are subject to the economic conditions in which they operate. Employers rely on the availability of suitable labour to perform the work of the organisation and although viewed as a commodity by the employer, significant investment in the development of the employee can be lost or unused should the employee decide to leave or remain unmotivated. The unavailability of suitable labour can lead to segmentation of the labour market and a division of labour at the workplace. The division of labour is the breaking down of work into its smallest components in order to achieve effective specialisation, minimal worker discretion and the most efficient output (Sutcliffe and Callus, 1994). This division of labour can have far reaching implications for the management and the organisation, including the control and motivation of the workforce. The legal dimension is concerned with the law of contract between an employer and employee which enables the parties to enter into and enforce agreements (Fells, 1989). By its very nature the employment contract implies a subordination relationship where the employer commands and the employee obeys. The introduction of the Workplace Relations Act 1996 also implies legal boundaries in which the employment relationship must operate (for example the rules relating to unfair dismissal and enterprise bargaining). The social dimension, unlike the economic and legal dimension, is one that chiefly impacts on employees. There are two aspects to this dimension according to Fells (1989), the first being the impact of society on the workplace and secondly employees experiencing management pressures at the workplace as well as pressures from other individual employees who work within a team environment. It is clear that most of us want more out of a working relationship than just a monetary return for our labour. An employer must also provide a job that can stimulate and challenge the worker. Many jobs however are mundane and boring which is a consequence of the increasing division of labour in our industrial society. Industrial relations in a broad sense, is about the behaviour and interaction of people at work. It is concerned with how individuals, groups, organisations and institutions make decisions that shape the employment relationship between management and labour (Deery and Plowman, 1991). It is also closely entwined with political, economic and social forces (Salamon, 1992). As a consequence, people differ in their approaches and views on industrial relations which as a result can lead to industrial conflict. Fox in 1966 attempted to explain the reasons for the differing views of industrial conflict by management and the public, by proposing a frames of reference concept in his paper to the UK Royal Commission on Trade Unions and Employer Associations (Berrell, 1999). Fox believed that some people view industrial relations as a class conflict, others in terms of mutual co-operation and others still in terms of competing interests of various groups. Three approaches were identified: unitary, pluralist and marxist. The unitarian approach believes that industrial relations is based on mutual co-operation, individual treatment, team work and the sharing of common objectives (Stone, 1996). Conflict in the workplace is seen as an anomaly which has occurred because of either union activity, poor management decisions or practice or employees who dont fit the organisations culture. Conflict resulting in strikes for example, is not only considered as unnecessary but destructive. As result, unions are regarded as competitors for employees loyalty and commitment. In essence the unitarian approach is seen as a management ideology which legitimises their authority and control. It blames conflict on employees and threatens unions existence. It is manipulative and exploitative (Horwitz, 1990). In contrast, the pluralist approach accepts the inevitability of conflict (Deery and Plowman, 1991). It sees organisations as coalitions of competing interests where managements role is to mediate amongst the different interests groups. It sees unions as a legitimate representative of employee interests. Management authority under this approach is not automatically accepted. Employees join unions to promote their interests and influence management decision making. As unions are considered to be important in their role of balancing the power between employers and employees, they are considered not only desirable, but necessary. Societies interests at large are protected by state intervention through legislation and industrial tribunals which provide orderly processes for the regulation and resolution of conflict. The marxist approach like pluralists regard conflict between management and employees as inevitable. However, where pluralists see conflict as inherent within all organisations, marxists see it as a product of capitalist society. Adversarial relations in the workplace are seen as simply one aspect of class conflict. Unions under this approach, are seen as instruments for challenging the capitalist system of class domination. By assimilating a persons behaviour to one of the three frames of references, it determines how we would react and shapes the method for altering such behaviour. As a tool for understanding a parties behaviour when conflict occurs we need to undertake a social action perspective, that is to suspend our own judgment when analysing the cause of conflict and accept the persons frame of reference. Individually, our frames of references are molded and influenced by a multiplicity of variables including, values and behaviour, education, political views, work experiences and religious beliefs to name a few. Our position in the class structure and status hierarchy almost certainly has a significant influence as well (Keenoy and Kelly, 1995). It is important to understand these concepts as employers and employees bring to the employment relationship different strategies to gain as much as they can from the relationship. This in turn makes the relationship inherently competitive. Fells (1989) observes that this points to the duality of the employment relationship. Both the employer and employee put their resources, motives, expectations and own interests into the relationshipthese being influenced by the social and economic structure of society (Fells 1989, P 476). In essence therefore, conflict can arise because of the parties differing social and economic interests and strategies. Keenoy and Kelly (1996) take this further by describing the three great struggles which results from the distribution of authority (inherent in an organisational hierarchy) and the division of labour which are sources of potential conflict and competition within the employment relationship. These are identified as the struggle over interests, control and motivation. Abraham Maslow in his hierarchy of needs theory argued that individuals sought to satisfy basic needs required to live; that is food, warmth and shelter (Bartol et al 1995). An employee therefore, seeks is in his/her strategy to satisfy their basic needs for survival. Once satisfied, the employee seeks to improve their social standing by earning more money and purchasing material symbols to demonstrate their success. In contrast however, is the organisations strategy to run an efficient and cost effective business. The nature of the employment relationship is such that the employees interest in maximising income is in direct conflict with the employers interest in minimising costs (Keenoy and Kelly 1996). However, both parties in the relationship are equally dependent upon each other for without labour there is no profit and without capital this is no jobs. This is simply termed structured antagonism as the relationship produces both mutual and conflicting interests. Fells (1989) argues that a frontier of control exists between an employer and employee which is born out of the legal, social and economic pressures effecting the distribution of power within the employment relationship. It represents the point of confrontation and interaction between the structure of management control and the challenge from organised labour (Storey, 1980 p 12). The struggle for control arises out of the vagueness of the employment contract, as it rarely specifies the parameters and preciseness of the work to be performed by the employee in exchange for payment (for example, level of effort and range of duties). Both parties tend therefore to have their own expectations as to what has been initially agreed upon and as such, this vagueness can often lead to conflict. In response, the employers strategy is to set up an array of control mechanisms, one being the hierarchy of authority where people are employed to supervise the work of others. This act in itself can lead to tensions within the employment relationship as industrial conflict often occurs when employees challenge the limits of managerial authority. Variations in the degree of control is also apparent within many jobs. For example production line workers experience tight control mechanisms whereas politicians, doctors and lawyers experience little or no control over their particular functions. This last group especially enjoy an elevated position in the hierarchy of authority and a high level of control and autonomy over their work (Kennoy and Kelly, 1996). As a result, conflict may occur over the inability of an organisation to provide a suitable career path which allows an employee access to a higher level of authority within the hierarchy. Securing employee commitment can be a difficult task for an employer as not all employees are motivated to work by monetary rewards alone. Although theorists have argued that motivation is the key to employee behaviour and productivity, work undertaken by the likes of Frederick Herzberg and his two-factor theory have largely been ignored due to the advantages of increasing the division of labour over the benefits of increasing employee satisfaction (Keenoy and Kelly, 1996). Management are faced therefore with a dilemma over ensuring employees remain sufficiently motivated to ensure job effectiveness whilst maintaining the cost effectiveness and efficiency of the organisation. Increasing market competition and a greater emphasis on quality and service provided to customers, may force employers to redefine their strategies towards motivation of their employees. Up to this point the employment relationship has been discussed in terms of its dual nature. However, it is clear that a more holistic approach is required. A systems approach provides a useful look at the employment relationship because it expands on the dual focus to include a third group of actors and the environment within which the relationship operates. John Dunlop proposed an industrial relations system comprised of actors operating within an environment influenced by technology, economics and power distribution. The system is bound together by both ideology and rules to govern behaviour. Three main groups of actors have been defined as managers, workers and their representatives and other bodies concerned with the relationship between workers and employers. The major output of the system is a set of rules and regulations that apply both in the individual workplace and in the wider work community. (Deery and Plowman, 1991). Dunlops industrial relations system has been criticised from a number of quarters (Margerison, 1969; Bain and Clegg, 1974; Hyman) for paying insufficient attention to conflict focusing more on conflict resolution than the root of the conflict, and for suggesting that the industrial relations system is naturally stable. Despite these negative views the system perspective of industrial relations remains valid if only as an analytical tool (Deery and Plowman, 1991). The employment relationship is a unique but fundamental feature of modern society. It commences when an employer engages an employee to perform work in exchange for money. Although this concept of the relationship appears simplistic in nature, it is subject to many stresses and strains brought about by political, social and economic interference. Bibliography Bain, G.S Clegg, H.A, 1974, A Strategy for Industrial Relations Research in Great Britain, British Journal of Industrial Relations, Vol 12, no. 1, p92. Bartol, K.M., Martin, D.C., Tein, M Matthews, G. 1995, Management a Pacific Rim Focus, McGraw-Hill, Sydney. Berrell, M. 1999, Subject Book: Industrial Relations, Monash Distrance Education Centre, Monash University, Churchill, Vic. Deery, S.J. Plowman, D.H. 1991, Australian Industrial Relations, 3rd ed., McGraw-Hill, Sydney Fells, R.E., 1989, The Employment Relationship Control and Strategic Choice in the Study of Industrial Relations in Labour and Industry, Vol 2(3), October pp470-492 Fox, A. 1980, Industrial Relations: A Social Critique of Pluralist Ideology in Barrett, B., Rhodes, E and Beishon, J. (eds), Industrial Relations in the Wider Society; Aspects of Interaction, Collier MacMillan, London. Horwitz, F.M., 1990, HRM: an ideological perspective, Personnel Review, Vol 19, No.2 pp 10-15. Hyman, R., 1975, Industrial Relations: A Marxist Introduction. MacMillan, London. Keenoy, T. Kelley, D. 1998, The Employment Relationship in Australia, 2nd Ed. Harcourt Brace and Co, Sydney. Margerison, C.J., 1969, What do we mean by Industrial Relations? A Behavioural Science Approach. British Journal of Industrial Relations, vol 7, no.2, , p273 Salamon, M. 1992, Industrial relations Theory and Practice, 2nd Ed, Prentice-Hall, London. Stone, R. 1995. Human Resource Management, 2nd Ed, John Wiley and sons, Brisbane. Storey, J. 1980, The Challenge to Management Control, Kogan Page, London. Suttcliffe, P. Callus, R. 1994, Glossary of Industrial Relations Terms, ACIRRT and ACSM, Sydney, Brisbane. Industrial Relations Assn 1 pg 11

The Korean War: A Turning Point in Canadian History Essay -- Canada Wo

The land of the morning calm, this was what Korea was called many years ago. Unfortunately, circumstances have changed. Korea is now no longer a single country but has been split into two parts; North Korea and South Korea. Korea had been united as one country for many years. Japan took control of Korea and made it part of its empire. After World War II, Japan was defeated and its empire fell. Korea was left without a leader or a system of government. This provoked the United States troops to occupy the southern half and Soviet troops to occupy the northern half. The United States and its allies favored democratic government, while the Soviet Union and China favored a communist system of government. June 25, 1950 marked the day in which fighting between the North Koreans and South Koreans started. 135,000 North Korean troops crossed the border into South Korea while others attacked by sea. In several hours North Korea had successfully detained the South Korean city of Kaesong and in the next couple hours South Korea’s capital, Seoul, was under attack. Things were not looking good for Korea. The war in Korea is often referred to as the â€Å"Forgotten War† because it is not mentioned often and is often argued that it was meaningless and unnecessary. The Korean War was significant to shaping Canada’s military and foreign politics though. It has shaped us into a peaceful nation with concerns for the well being of people in foreign countries. The way we engage in future conflicts was changed as well. Canada would no longer get involved as a British colony or single country, but rather under the United Nations. We exhibited ourselves as leaders and role models. In the Korean War Canada asserts itself as a world power but under th... ...ociation of Canada Inc. http:// www.kvacanada.com/canadians_in_the_korean_war.htm (15 Nov. 2010) â€Å"Canadians in Korea, 1950 – 1953.† Veterans Affairs Canada. 20 October 2008. Canada. http://www.korean-war.com/canada.html (21 Nov. 2010) â€Å"Chronology of the Canadian Advance in Korea.† Veterans Affairs Canada. 15 June 2008. Canada. http://www.vacacc.gc.ca/REMEMBERS/ sub.cfm?source=history/KoreaWar/chronology (23 Nov. 2010) â€Å"Facts on Canada’s Involvement in the Korean War.† Veterans Affairs Canada. 21 October 1999. Canada. http://www.vac-acc.gc.ca/ youth/sub.cfm?source=teach_resources/korfact (20 Nov. 2010) â€Å"The Response – The Canadian Contribution.† Native Soldiers – Foreign Battlefields. 30 June 2005. Veterans Affairs Canada. http://www.vac-acc.gc.ca/ remembers/sub.cfm?source=history/other/native/korea_response (20 Nov. 2010)

African Poetry Essay

RICAN poetryTruthful and fruitful human experience forms the basis for written expression in any branch of literature. Conveyed through a language of international exchange, it can reach a wider audience for whom it becomes a useful reference in times of need. The English language attained international prominence due to several reasons; one of the most important being colonization. As in other countries of the Commonwealth, English was imposed on Anglophone Africa as a means of easy communication and administrative convenience. It is a historical irony that the same language serves the African writer in voicing his thoughts and feelings to the world at large. While discussing the future of English, Simeon Porter observes, It will adopt to meet new needs and in that incessant reshaping and adaptation, every speaker and writer consciously or unconsciously will play some part. (181) Today, the prediction of Porter came true of African writing in English. It brought strength and appeal to the English language by adding a large range of new vocabulary and usage. Writing on the problems faced by the African English writers, Chinua Achebe the famous Nigerian writer says, The African writer should aim to use English that brings out his message without altering the language to the extent that its value as a medium of international exchange will be lost. He should aim at fashioning out an English, which is at once unusual and able to carry his peculiar experience. (61) It is applaudable that the writers of Africa succeeded in accomplishing the above task set by Achebe, which is by any means not an easy one. Their successful integration of native experience and expression in an alien tongue received worldwide acclaim. Their success proved, as critics like Srinivasa Iyengar pointed out, A shot in the arm of modern English Literature has had to come from West Africans like Amos Tutuola, Wole Soyinka and Gabriel Okara. (16) The role of poetry, in African literature, has been highly effective in providing the people with the needful inspiration and the necessary insight. The language of poetry, for the African people, is a source of learning and becoming aware of their destiny that necessitates the knowledge of their past, present and the possible future. These and several other ideas fuelled African poetry in English. For the African poets, poetry became a powerful medium through which they conveyed to the world audience, not only their â€Å"despairs and hopes, the enthusiasm and empathy, the thrill of joy and the stab of pain†¦ † but also  a nation’s history as it moved from † freedom to slavery, from slavery to revolution, from revolution to independence and from independence to tasks of reconstruction which further involve situations of failure and disillusion†. (Iyengar, 15) When we read African Literature, we should, by obligation remember that, colonization was at its harshest in Africa. As history stands proof, it was highly exploited and savaged by the ambitious ‘white man’. This experience is on the minds of all thinking poets. Despite getting ‘uhuru’ or independence, the bitterness returns again and again. The unforgettable colonial past comes angrily alive in a poem by Kenya’s poet Joseph Kareyaku thus, It is not as you suppose, your lands, your cars, your money, or your cities I covet†¦ It is what gores me most, that in my own house and in my very own home you should eye me and all that’s mine with that practiced, long-drawn, insulting sneer. (quoted in Iyengar, 30) In a poem entitled â€Å"If you want to know me† Noemia De Sousa writes ruefully of Africa, by effectively using the literary device of personification thus: This is what I am  empty sockets despairing of possessing of life a mouth torn open in an anguished wound†¦ a body tattooed with wounds seen and unseen from the harsh whipstrokes of slavery tortured and magnificent proud and mysterious Africa from head to foot This is what I am. (Narasimhaiah, 137) The much-brutalized Dark Continent is tellingly depicted in the following lines of a poem named â€Å"The Shapes of Fear† by Richard Ntiru. Like an arrested breath when breathing makes silence imperfect and the ear cannot differentiate between the conspiratorial whispers and the winds singing. †¦ a twig in the courtyard snaps and report of a gun is understood. (Narasimhaiah, 137) Nigerian poet , the Nobel laureate Wole Soyinka’s masterful irony skillfully conceals anger at the racist attitude in his famous poem, â€Å"Telephone Converstion. † After negotiating for a house on rent on telephone, he tells the landlady of his being a black African. He was rudely shocked when he was ‘caught†¦ foully’ by the lady’s query regarding his darkness thus: † HOW DARK†¦? † I had not misheard†¦ â€Å"Are you light OR VERY DARK†¦ † (Narasimhaiah, 149). The â€Å"ill- mannered silence† between the two is filled with images such as ‘stench of rancid breath of public- hide-and-speak, Red booth, Red- Pillar-box, Red double-tiered Omnibus squelching tar’ that subsume the age-old and still hopeless and violent colour- conflict. The theme of English superiority glares through David Rubadiri’s poem â€Å"A Negro Labourer in Liverpool†: Here his hope is the shovel And his fulfillment resignation. (Narasimhaiah, 134) One of the most important phases in African poetry is Negritude, a powerful literary movement founded by Aime Cesaire of Senegal. Among other things, the Negritude poets favoured the theme of glorification of Africa. They worshipped anything African in scintillating rhymes. Anger at injustice meted out to the colonized Africa is also one of the oft-repeated themes of their poetry. Here’s an example from David Diop’s poem â€Å"Africa. † Africa, my Africa Africa of proud warriors in ancestral savannahs†¦. Is this you, this back that is bent This back that breaks under the weight of humiliation This back trembling with red scars And saying yes to the whip under the midday sun†¦.. That is Africa your Africa. That grows again patiently obstinately And its fruit gradually acquires The bitter taste of liberty. (Narasimhaiah, 153) Dennis Brutus, a South African poet, was subjected to torture by a cruel regime. His writing is full of images of love contrasted with images of death thus, Desolate Your face gleams up Beneath me in the dusk Abandoned A wounded dove Helpless Beneath the knife of love. (Quoted in Theroux, 2) Great feeling for Africa is felt in Abioseh Nicol’s poem â€Å"The Meaning of Africa† thus: Africa, you were once just a name to me †¦ So I came back  sailing down the Guinea coast †¦. You are not a country Africa, You are a concept †¦ I know now that is what you are Africa Happiness, contentment and fulfillment. (Quoted in Povey, 39) A poet’s affirmation of his love for Africa shines radiantly through the following verses. Dark Africa! My dawn is here; Behold! I see A rich warm glow in the East, And my day will soon be here. (Iyengar, 30) Deification of Africa is a fit topic for many African poets. Perhaps this is their reaction to the self glorification and the civilizing zeal of the imperial powers of Europe. Bernard Dadie’s poem attains special significance viewed in that light. He says in a poem entitled â€Å"I Thank God†, I thank you God for creating me black. White is the colour for special occasions Black the colour for every day And I have carried the World since the dawn of time And my laugh over the World, through the night creates The Day. (Narasimhaiah, 122) In Africa, the advent of the white man’s civilizing mission displaced scores of native societies from their own cultural roots. The impact of the spread of Christianity combined with material benefits such as classroom education and well-paid jobs forced many Africans abandon their own faith and adapt the religion of the pale-faced aliens. This situation is responsible for the natives to suffer from culture shock. Nevertheless, the native is expected to owe allegiance to his own tribal culture and embrace Christianity for material benefits. This cultural confusion is well articulated by Mabel Segun in a poem thus: Here we stand Infants overblown Poised between two civilizations Finding the balance irksome. (Quoted in Povey, 39) Gabriel Okara expresses the same sentiments in a lyric thus: When at break of day at a riverside I hear jungle drums†¦ Then I hear a wailing piano Solo speaking of complex ways. (Quoted in Gleason, 143) However, there are poets like Kofi Awoonor Williams of Ghana whose passion for past is expressed in his rediscovery themes with the help of extended rhythms as in the following lines. â€Å"Sew the old days for us our fathers that we wear them under our old garments after we have washed ourselves†¦.. â€Å" ( The Anvil and the Hammer)  again, † Sew the old days for me my father Sew them so that I may wear them For the feast that is coming. † (Quoted in Theroux, 4) He accomplishes the same excellence of evolving extended rhythms in poems like â€Å"The Long Journey† and â€Å"My Song. † Poetic excellence and rare innovative creative ability are seen in Christopher Okigbo poems such as â€Å"The Stars Have Departed. † He says, The stars have departed The sky in a monocle Surveys the world under The stars have departed And I- Where am I? ? Stretch, stretch O antennae, To clutch at this hour, Fulfilling each movement in a  Broken monody. (quoted in Walsh, 48) Images that can evoke a situation beyond hope which are reminiscent of Eliot’s war poetry are visible in the following verses from K. Brew’s poem â€Å"The Search. † The past is but the cinders Of the present The future The smoke That escaped Into the cloud- bound sky. (quoted in Walsh, 50) Some of the poets have realized the futility of fighting over issues such as race, respect and national identity. What more can be more illuminating than the enlightened poet’s words such as, You must leave the sifting sands of self- seeking and deceit  and erect far mightier mansions on the rock of healthy soil. (Iyengar, 36) Lenrie Peter’s poems are short on the print but deep on one’s mind like the one cited below Open the gates To East and West Bring in all That’s good and best. The memorable lines of Peter’s poem â€Å"On a wet September Morning† with their sheer beauty of imagery and the underlying thought of universal brotherhood celebrate the oneness of the human family. To cite a few verses, The echo burst in me Like a great harmonic chord- Violins of love and happy voices The pagan trumpet blast  Swamping the lamentation of the horn Then the heraldic drums In slow crescendo rising Crashed though my senses Into a new present Which is the future. After this brief glance at African poetry, we realize that it is not simply an offshoot of British literary tradition. espite the many disadvantages such as a scarred past, colonial trauma, expression in a foreign medium, inability to travel abroad, unstable economic and political state of affairs in their respective nations, lack of educational opportunities, the African poet has effortless creative capacity. It is an enriching combination of rich oral literature, native experience and imported tradition of writing in English that made African poetry a tremendous success both at home and abroad. The ‘Black Orpheus’ (African Poets) is no longer an unknown or an unwanted quantity but a fascinating and often enviable and beneficent literary marvel from what was ignorantly termed as the ‘dark continent’.

Societies have evolved a variety of structures for settling disputes

Settling disputes is a major part of politics and social control, which are vital for the harmonious function of any society. Different societies achieve this in different ways. In western state society formal offices are held and people given authority to judge and implement punishment or resolution. At the other end of the spectrum are the egalitarian societies, where authority is non-existent, no-one has any power to make anybody do anything, and inequality is very actively discouraged. There are a vast array of structures that come between the two extremes for example those that have a mixture of formal offices and informal methods. This essay examines first the structured court system of western state society, and then the less structured but still formal method of dispute settlement used by the Zapotec people of the Ralu'a village (or pueblo) in South America. This comparison shows that even though there are formal institutions in place in both societies, which may initially seem a poor comparison, however the objective with which they are used varies greatly and they are used to very different effect. The essay concludes that although we may initially think the more personalised approach of the Zapotec may have a more favourable outcome regarding social cohesion, it has to be recognised that such methods may not be practical or necessary in our western state society. First to consider is our own Western system for settling disputes. Western state society has a regulatory court system in which there are an extensive number of laws and sanctions that are formally codified (Peoples & Bailey, 2003). Our formalised system of regulation courts allows the use of physical coercion and the use of sanctions should people deviate from the norms that are ascribed to society. Different courts deal with differing types of disputes. The ability to settle a dispute is left almost exclusively to authority, and authority is central to the system's success. We have many appointed offices of people in authority to the general public, for example judges, police officers, which have power to manipulate and coerce others legitimately. The extensive set of depersonalised laws prevents the settling of disputes in ways that violate the legal principle of the culture, such as violence. Even verbal arguments in public may be considered breach of the peace, an offence for which people can be arrested and reprimanded. Disputes are turned into a very formal depersonalised matter, with the onus on discovering fault, placing blame and punishment; provocation for an act may be somewhat taken into account, but at the end of the day if you were provoked into doing wrong you still did wrong, and are still punished. Western state society court systems also serve as a preventative measure by making acts that could result in dispute illegal. For example, a person's property is protected through procedural laws regarding theft; laws against violence deter physical fights; people can even be fined for noise offences. Thus the system has a preventative element by not allowing things that aggravate or are even an expression of a dispute. Disputes can also be avoided through the use of restraining orders decreeing that a person may not go within a certain distance of anyone else; anything considered as breaching the peace or any law is a punishable offence regardless of the consequences. It is the consequences of individuals actions, not social disharmony, that motivates individuals toward a peaceful society. There is a great emphasis on power, control and authority. Breaking a law, however trivial, are still punished simply because they are forbidden. Recent emphasis on a ‘zero tolerance' strategy, a strategy where any act that potentially threatens authority, control and peace in society is punished. Punishment is not solely aimed at providing compensation, but importance is placed on punishment and reprimanding those in breach of the law, the idea of justice is paramount. Laws are in general absolute and universal; there is little room for movement in light of factors leading up to an act. Consider the murder convictions- there is a murder classified on a number of levels according to intent, intention and so on. Even the extenuating circumstances are formally codified. This is perhaps because of the size and anonymous nature of society- the idea of controlling a vast number and variety of people is more important than harmony and future relationships; a dispute does not have the same potential impact as in a small close knit society for societal relations. The only way to maintain harmony is via numerous substantive and procedural laws, and having total control over dispute settlements. How effective is the Western system? Through such extensive substantive and procedural laws we accept we are not in control of situations. There is an authority that can sort out disputes without things escalating too dangerously, and responsibility is removed from both disputants. However, I would consider it very rare if one person were to pass another person in the street that they had sued and they're to be any chance of a friendly exchange. The onus on placing blame means that one party is exonerated and the other incriminated, which can breed resentment. There is a clear cut line between right and wrong defined and decreed in the written procedural laws. Punishment for crimes are universal and there is clear legal principle that individuals are expected to adhere to. Deviance is punished regardless of its impact on society, instilling a code of conduct and the power of authority, which can work as a preventative measure. Punishments such as incarceration and fines may instil bitterness and a desire for revenge. The dispute is not really settled; more that blame has been officially placed and the plaintiff compensated. In comparison are the Zapotec Indians of Ralu'a village in South America studied by Laura Nader (Spradley & McCurdey, 2003). The Zapotec have a number of levels for settling disputes. They have a mediation court system, but a number of more informal methods that are encouraged before court is reached. There are a number of implicit procedural laws, but settlements are usually made on a case-by -case basis with no formalised codifying. Their basic legal principle is â€Å"to make the balance†. Our western legal systems focus primarily on placing blame, finding fault, and a relevant punishment for going against the culture's legal principle. The Zapotec are more concerned with maintaining the balance, finding a peaceful resolution, and the future relationships involved. Their aim is not to punish potential threats to the control of the state government but to maintain a harmonious, cohesive community. If someone has wronged another the aim of the Zapotec system is to provide a solution that suits all, so people do have to pay fines and there are consequences for actions, but they work to find a balance between justice and resentment. There are formalised institutions, of which there are a number of levels, for which disputes in Ralu'a can be settled, depending on the extent of the dispute and its seriousness. The first port of call is to take the dispute to the town hall, or municipio, to go before a group of principales and the presidente. The principales are a group of 13 nominated men that form an advisory group. Each year 3 men are nominated for the position of village chairman, the presidente. Although the system is technically a formal system, informality is maintained through the positions in the municipio being democratically decided and member being nominated. This way individual's taking their case to the municipio are more likely to respect the final settlement as those who are mediating are respected individuals, chosen by the community. The Zapotec have an interesting way of reining in the most problematic individuals by way of making them members of the town police, the head of which is the sindico, who is also responsible for running the communal work program of the pueblo. The policia consists of 12 members under two lieutenants and one chief of police. The chief of police is generally the roughest most disruptive man. This is the opposite of how western society works- responsibility, authority and influence is removed from troublemakers. Together, the sindico and presidente are able to settle the majority of disputes. The next level in the chain is the alcalde that presides over the justice of the peace, and settles the more serious disputes. The final port of call is the district court, which is seen as a last resort. Taking a dispute the municipio is more of a last resort as social pressure attaches shame and dishonour to those who resort to such measures. This social pressure encourages people in the community to sort out their own disputes before they reach a level requiring such intervention. Such an example is of a dispute regarding washing stones at a well. One female had chosen a washing stone next to her friend which was not her usual washing stone, when the owner arrived they angrily asked the woman to move, even though there were other free washing stones available. Tension increased and insults exchanged; eventually the whole village became involved taking sides, and other similar disputes arose. Water began to dry up at this well, and villagers believed this was a consequence of the women's dispute, and action had to be taken. A meeting of the Well Association was called in order to find a solution. The next time the women went to the well all the washing stones had been removed and replaced with concrete basins specifically allocated to no-one, and their use strictly based on a first-come-first-served basis. This way of settling the dispute was aimed at restoring the balance, at maintaining cohesion and harmony. The facts of the case were irrelevant, as was who was right or wrong and where the blame lay. However, the dispute was settled in a way that there would be no resentment between the women, and their relationships could be restored. The solution also provided a preventative measure to prevent such a dispute reoccurring. It will be interesting to compare the resolution of such a dispute in Zapotec society and western society. In Western state society it is likely that the second of the women who felt her washing stone had been taken unfairly would have employed a solicitor and lodged charges against the other women for stealing her washing stone. Assuming the case reached court lawyers would be employed to describe the facts to a judge, each side aiming to place blame on the other side. The judge would consult the various laws in order to decree who was at fault, or if any laws were broken. Blame would be ascribed and the dispute would be resolved by fines and punishments, however whether steps would be taken to prevent such a dispute re-occurring is debateable. Of course, such a dispute is unlikely to happen in western society due to the cultural differences. It is somewhat naive to suggest that the Zapotec's ways of settling disputes are more effective than our own, as we have to consider the vast differences in our societies. Cohesion is not nearly as vital to everyday life here as it is in smaller communities- disputes are resolved in a very individual way, which is impractical for larger populations- we could not consider intricately every detail of why someone may have hit someone else- we have to have definite boundaries. Hitting is thought of as wrong and not desirable for a peaceful community, thus the fact it is against the law simply prohibits violence regardless of the reason. This is a simple black and white law, and has consequences of which everyone is aware. The depersonalised system is consistent with the impersonal nature of our society. To conclude there are clear differences in the way each society tackles dispute settlement. There is the authoritative Western system that seeks prevention through a vast number of procedural and substantive laws with the primary aim of ensuring ‘justice' and punishment. Then there is the more informal system of the Zapotec Indians, who regard restoring the balance and future relationships as more important than placing the blame. I cannot see either system working in the other's community due to the vast cultural differences, and differences in population size, however they seem to prove effective for each individual society.

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