Wednesday, May 27, 2009

Laws are to be obeyed

LAWS ARE TO BE OBEYED

What are laws? According to the Cambridge English Dictionary, a law is a ”rule, usually made by a government that is used to order the way in which a society behaves, or the whole system of such rule or a general rule which states what always happen when the same conditions exist.” Laws are rules and regulations that order the behaviour of people in a society or an identifiable group. They carry with them the power of authority and sense of morality for orderliness and peaceful co-existence. In short, laws are the Dos and Donts of society.

Laws can be addicts, decrees and acts. But cultural and traditional practices, conventions, policies, prohibitions, command and even wise saying can pass as laws.
Laws can be labelled in various forms depending upon their source, environment and purpose. Laws can be religious, Christian, Muslims, administrative, social, professional, scientific etc. Christian laws are ingrained in the teaching of the bible and the practices of the Christian churches. Muslim laws are also ingrained in the teachings of the Quran and the practices of the various Muslim sets. Social laws derive their source from the acceptable norms and age long practices of a people. Scientific laws are more or less facts derived from scientific processes and experimentations. Administrative laws are ingrained in the constitution, conventions, policies etc. Some examples of laws are the Ten Commandments, laws governing discrimination, traffic laws, criminal laws, human right laws, moral laws, law of motion, taboos, superstitions, law of density, law for calculating power, laws of reflection etc.

Kings and people with political authority and power can make laws. Government invested with administrative and political authority can also make laws through credible institutions of government such as parliament, assembly, boards, committees and individual who act for the government in specified areas. Heads of education and other institutions can also make laws for the smooth running of their institutions. Professional bodies can also make laws through their executive bodies for the effective performance and the projection of the image of their profession. Even in the home parent have fundamental obligation to make laws for the smooth running of the home and the prosperity of the home. But what about the individual? The individual can also make laws for himself or herself to guide his life in accordance to his personal beliefs and aspiration. Such laws can be roughly defined as self control.

Laws are to be enforced to make the purpose for which they are made effectively; otherwise they seize to be laws. Agencies that enforce laws are rulers, heads of administrative and institutions charged with that responsibility such as police, the judiciary, individuals and corporate bodies that are charged to do so. Laws attract penalties otherwise they seize to be laws, for people can choose to obey them and do whatever they like in society. Some penalties connected with the preach of some laws are fines, imprisonment, ostracism, withdrawal of benefit or disproval in some way such as gestures like frowning and eyeing. In human society, many people believe in God, and so God is the most powerful agents for the enforcement of laws. Even when people have been unjustifiable treated and feel like wrecking vengeance, God says we should leave it for him for vengeance is his. In many cases people who have been victims of injustice say ‘I live it to God’.

Laws are laws. They are to be obeyed to ensure peace and orderliness in society. They are to be obeyed to manifest the morality of the society and establish justice for all therefore the saying ‘no one is above the law’. This will make society cohesive, strong and vibrant. If laws are not obeyed, there will be free for all and people will do anything they like without a controlling force leading to disintegration. Even in the jungle, and in uncivilised societies, there is a law known as “the law of jungle” or “the survival of the fittest”. This law has no moral evidence and has no iota of justice in it, yet it is a law all the same practiced and observed by all who live in the jungle. It keeps the jungle life going. The strong displays and imposes his power and authority on the weak and the weak respects the power and authority of the strong. Even though this law is bad, it maintains the orderliness of the jungle life. The jungle law is an exception, for laws are to be imbued to some sort of moral integrity and moral sense. This is referred to as the ‘spirit of the law’.
In every society and situation, there are laws and laws are to be obeyed, yes laws are to be obeyed. But should bad laws be obeyed? And should good people with a sense of justice and morality obey bad laws made by immoral, despicable and bankrupt people? Your guess is as good as mine.

Thursday, May 21, 2009

similarities and differences of the liberitarian and social responsibility theory.

Compare and contrast the Libertarian theory and the Social Responsibility theory.

By the seventeenth-century Philosophers like John Locke, John Milton, Saint Simone and others argued ….that humans are rational beings who are capable of distinguishing between the truth and falsehood and good and evil. This brought down the idea and practice of authoritarianism. Democracy, religious freedom, economic freedom, personal freedom etc. also contributed to the fall of authoritarianism. The fall of authoritarianism gave way for the rise of libertarianism.
Libertarian theory gave way for press freedom. This freedom entails freedom to market and publish, freedom to be independent from government, wide access to cover stories, mechanism to manage bias and expose weak arguments and evidence.
In the libertarian theory, the media links between government and the people. The government informs, explains, and convinces the public over government policies and programs. Since 2004 the government of Ghana has informed, explained and convinced the public on the National Health Insurance Scheme (NHIS) through the media. The media has therefore linked the government and the people as one of its libertarian role.
The media is also seen as a watchdog over government. They look out for malfunctioning and corruption in the government to ensure that citizens make responsible, informed choices rather than act out of ignorance. They also serve as a check on the elected representatives to uphold their oath of office and carry out the wishes of the electorates. In Ghana, there are journalists who have been assigned to report from Parliament and the Ministries.
The media again checks the three arms of government. They are referred to as the ‘fourth estate’. McQuail stated that ‘the term ‘fourth estate’ was reputedly coined by Edmund Burke in late- eighteenth-century England to refer to the political power possessed by the press, on a par with the other three ‘estates’ of power ...’ therefore they need to check the other three through court reporting, parliament reporting, free and fair election through transparent process and candidates equal access to the people.
The media helps in decentralization, anti-corruption and citizen participation in making policies.
The idea of social responsibility was added by Hutchins Commission 1947 after reaffirming the principle of freedom. McQuail added that the media have important function to fulfill in society.
The media has to support democratic political principle, transmit information, create a forum for different viewpoints and meet certain standards. They must reconcile freedom with responsibility, promote political and cultural pluralism, balance public and private ownership, work professionally (to advance and nurture balanced and impartial news presentation), be accountable and transparent.
The social responsibility theory gives the media freedom and editorial independence. The media sees its role as serving both the financial needs and the publics need for information. They mediate between government or politicians and the citizens. They must provide in full the truthful and comprehensive account of the day’s event which is meaningful. For example, The Ghana Journalist Association (GJA) Code of Ethics states in article 1. (The Peoples Right to True Information);
‘The duty of the journalist is to write and report the truth, bearing in mind his/her duty to serve the public.’
‘The public has the right to unbiased, accurate, balanced and comprehensive information as well as express themselves freely through the media.’
‘A journalist should make adequate enquiries and cross-check his/her facts.’

The media also have to transmit ever shared morals, values, standards and traditions that are necessary for society. In Ghana, the media does this through programs such as Adult Education on GTV, Akan Drama on GTV, Showcase on GTV, Obaa mo on TV Africa, Mmaa Nkomo on TV Africa, Women in The Gab on Citi fm, Ghana’s Most Beautiful on TV3 and many more on the various channels. Here the media is expected to be the ‘gate keeper’.
Also the media must help in agenda setting. They cannot tell people what to think or do but can suggest to the people what to think and do.
Again the media must be free and responsible, accurate, objective, ethical, professional, transparent, fair, truthful. The media should avoid causing offence or encouraging crime, violence or disorder. For example the GJA Code of Ethics states in article 2 (Social Responsibility);
‘In collecting and disseminating of information, the journalist should bear in mind his/her responsibility to the public at large and the various interest in society’.
The media must also serve as a forum for the exchange of comment and criticism and be a common carrier of public expression. This is done in a form of talk shows, live phoning programs, forums, studio debates, and newspaper reviews etc. for example, Kokrokoo on Peace fm.

Both theories states that there must be free from government or private interest to one that is more opened and has editorial independence to serve public interest.
Both also agree that the media must create, promote and enable citizens have information for decisions and societal participation. Sibert, Peterson and Schramm asset that ‘the press is always a reflection of the social and political configuration within which it operates.’

The media and government are interdependent on each other and the media frequently challenge the government but people see the media to be superior. Thomas Jefferson stated that ‘were it left to me to decide whether we should have a government without a newspaper or a newspaper without a government. I should not hesitate to prefer the later’.
Today the media is viewed as rude, arrogant and callous. They only think and care about getting the story but do not put into consideration the feelings of the society. They are being intrusive, going deep into people’s privacy which is against the ethics. For example, GJA Code of Ethics, article 5 (1 and 3) Respect for Privacy and Human Dignity. Also the media has become agents for those who hold economic, political and social power. For this reason, the media is so closely tied to those people in power they function more to maintain and represent the upper class than serve the interest of the public. This has made the public confidence in the media to decline.
The libertarian theory and social responsibility theory are the basis upon which the free press should and does run in a democratic society.


Peter Beaumont and John Sweeney, The Observer, stated that ‘the best stories are those that afflict the comfortable and comfort the afflicted, the ones that the people of power do not want told.’



References;
McQuails Mass Communication Theory (5th Edition)
Journalism Today
Sangamko.blogspot.com
Ghana Journalist Association (GJA) Code of Ethics