The advertising agency is a unique type of business organization that has played a significant role in the development and growth of advertising. Advertising agency is an independent business organization. To promote the business of the advertiser through advertising is the main purpose of the advertising agency. It seeks to advance its clients business. By creating advertisements and delivering them through appropriate media, the agencies implement advertising plans and strategies. An agency represents the core of the advertising profession. It has writers, artists, media experts, researchers, television producers, accounts executives etc.
All these people work together for the success of an advertising campaign. They develop suitable advertising plans and strategies.An advertising agency provides the advertiser a full package of advertising services. It is responsible for the success and failure of a specific advertisement or even a full campaign. The agency involves studying the characteristics and attributes of a product, therefore it can assist the client with various product problems. To improve the sale is the ultimate goal of advertising. Therefore because of its specialization an advertising agency tries to create such advertisements that would be sales oriented. An advertising agency has many specialists dealing in different areas of advertising process. It can react to problems quickly in any of the various aspects of the process, The staff of an advertising agency is professional in the area of marketing and sales promotion and this gives stability and credibility to the advertising profession.
An advertising agency broadly performs the functions of marketing and advertising for which a good understanding of the market as well as knowledge of media, consumer psychology and advertising appeals are required.
The agency prepares or helps in preparing advertisement plans for its clients. This activity requires a thorough study of the clients product or service and its advantages and disadvantages. Market studies are conducted to have data about the buyers. Effective advertisements at appropriate time are important for a successful advertising campaign.
The agency should also analyze the marketing methods and channels of distribution used in the past by its clients and their competitors. Then agency selects suitable media for advertising. Based on the above available data, an agency recommends an advertising plan to its clients for their approval. After the approval of the plan its execution is normally entrusted to the agency.
Although the advertising agencies have increased the scope of their activities, the three basic and most important functions of an agency have remained unchanged. These three functions are:
1. to help the client in planning the advertising campaign,
2. to prepare the advertisements,
3. to place the advertisements in the most suitable media.
Most large advertising agencies now offer a variety of other services in addition to the three basic functions. The most important of these additional services are:
1. advice on marketing and distribution policies,
2. marketing and advertising research services,
3. advice on public relations and publicity.
The creative function remains the core of an advertising agency. In spite of all the additional services, its prime function is to produce effective advertising.
Originally advertisements were produced by a writer and an illustrator. Now-a- days it is more usual for a writer and an art director, to work so closely together that it
would be difficult to decide precisely who has contributed what to the campaign. Nevertheless their basic skills remain exclusive to each one. A copy writer is expert in the use of words and an artist is expert in projecting an idea visually into print or on the screen.
One more salient point regarding the agency’s organizational structure is the racility of an art studio within the agency. A small agency may not have an art studio. The art work in that case is done by hiring an outside arti’st. But a well established advertising agency has a well developed art studio. In developed countries many large companies nave heir own art studios, where product literature is prepared for distribution.
Media selection is an important function of an advertising agency. The most important aspect of media selection is securing the right audience for a given product. The media people of an agency are responsible for choosing the right media mix so as to meet :he advertising objectives. They analyze the target markets and develop specific media strategies in order to reach this market in an optimal manner. They also negotiate, buy and schedule the newspaper or magazine space, TV and Radio time, outdoor media or other r. Methods to deliver the message to the market.
Lack of acceptable code of ethics in advertising is a worldwide phenomenon. Morality in advertising varies from country to country. An advertisement may be morally acceptable in one part of the world, whereas, it may be against the code of morality in another part of the world. Ethics in advertising is a complex issue to define. Nothing is good or bad but thinking makes it so. For example, sex before marriage in Pakistan is largely considered as immoral, while it is conceded as desirable in the west. Demonstration of birth control method in advertising is undesirable for the religious society in Pakistan whereas the same is mandatory in China. Thus morality in advertising is a complex phenomena. Determination of ethical conduct is subjective and vague and is varying among different cultures and different environmental conditions.
The primary objective of advertising in any society is to influence the independent thinking of the people and change their behaviour. Nevertheless, advertising has also some social responsibilities to inform people of the various choices available and educate them about the superiority of a given product by explaining its characteristics. Thus the consumers can freely decide for themselves as to which product to buy and which product to avoid. There are some areas of concern where advertisers need to be more responsible to community needs. These areas are:
Advertising is considered to be an environmental pollutant: Most advertising is opposed by people because it is difficult to absorb. It is too pervasive and too intrusive in peoples’ personal lives. In this context it is considered a pollutant for mental environment. This is specially true about TV advertising. Television advertising is intrusive as the TV medium reaches a heterogeneous audience of all ages, all educational levels, all religions, all regional and ethnic groups etc. It is often impossible for a commercial to speak openly and constructively to a major section of a TV programme’s audience without seeming inappropriate, boring or even offensive to another segment of the same programme’s audience.
The issues of morals and tastes in advertising: Since advertising is unavoidable, some forms of it may become a burden on the consumer. There are advertisements which may be offensive, misleading or simply annoying. For example, some people who do not drink may consider all liquor’s-advertising as morally offensive. Similarly, in some countries prostitution is legal, but advertisement of prostitutes .is morally offensive. On the other hand, the product itself may not be morally offensive, but its presentation may be in bad taste. Too noisy commercials, overly repetitive commercials and commercials that disregard consumer’s intelligence are considered to be in bad taste. Even though some critics of advertising argue that the advertising is directed towards the audience which is the average mass of people and not the chosen elite. Hence the advertisers advertise what they believe the audience wants to see and hear and they are willing to absorb the
dissatisfaction of a few who may find some advertising below their expected standards of decency. According to Telser, “The critics of advertising deplore the vulgarity and the selfish appeals in advertising. The content of advertising is a reflection of the audience to which it is directed. If we were all philosophers or poets, the content of advertising would change accordingly”. However, inspite of the difference in cultural and educational level of the recipients of such advertisements, it still remains the responsibility and civic duty of the advertiser to truthfully and sincerely inform the consumer of the characteristics and qualities of a product and let the consumer make the decision about buying. So far as advertising and marketing are concerned, the concept of right and wrong, fair and unfair, just and unjust, is reflected either by organisational policies or by society reactions to a given advertisement as a marketing strategy. Archie B. Carroll considers this issue in the following way:
a) Suppose a firm is advertising for vegetable soup on television. Is it ethical to put small marbles at the bottom of the bowl of soup so that the soup will look thicker.
b) A Firm is anxious to sell an electrical appliance. Is it ethical for the firm to offer a bribe to the purchasing agent as an inducement to buy. Suppose that instead of bribe, it gives some money as his commission, does it make the transaction unethical?
A. J. Ayer points out that if a person feels good about an act, then in his view, it is a moral act. For example, using loopholes to cheat on income tax may be immoral from social point of view, but the person who is filing the income tax returns sees nothing wrong with it. Similarly, not joining the army in time of war may be unethical and unpatriotic from the society and the country’s point of view, but the person concerned may consider war as immoral in itself. However this approach has the least significance, since a completely individualised approach cannot be consistently applied in judging all moral or immoral actions. According to the accepted ethical concept, any advertising that violates that truthfulness or uses questionable means could be considered unethical. According to Lacznaiak, an action is relatively ethical if it is based upon either the theory of justice which means protecting the interest of all involved or on a theory of utilitarianism which provides the greatest possible balance of values for all persons involved. The fact still remains that whether it is the “theory of justice” or the “theory of utilitarianism” it is not possible to satisfy all people. If the objective of advertising was simply to inform the people about the qualities of a product and give the people complete freedom of choice, then certain ethical standards in advertising could be maintained. But if the objective of advertising is to “persuade” people to buy the product and change their buying behaviour, then it might need some manipulative tactics to achieve such objectives. In that case emphasis on psychological benefits, slightly exaggerated claims or even puffery might be accepted by our society as ethically acceptable. That is why products advertised as best or most often used or most often recommended by doctors or long lasting etc. may be morally
acceptable. But claims that are designed purposely to mislead and deceive the customer would be considered unethical. Some of these unethical practices are controlled by law in terms of “truth in advertising”. Undocumented false claims are prohibited by law. For example a skin cream cannot be advertised in the form of “your skin will look 10 years younger if you use our cream” unless such claims can be medically proven. To get around it, the advertisers might create a message such as, “this cream will help your skin look younger”. This is a kind of promise rather than a claim even though this promise could also be considered as manipulative advertising.
Because advertising is such an integral part of modern life and its persuasive abilities have great impact on society, the business of advertising messages are scrutinized by many government agencies. Many people feel that the advertising industry should demonstrate more social responsibility. Abuses in advertising can, obviously, have unfortunate effects on consumers, ranging from mis-spent money on an item that did not live up to the expectations, developed in the advertising to hazardous accidents resulting from the misrepresentation of faulty goods. Three major groups exist to protect consumer against misleading or fraudulent advertising.
1. Self Regulations
2. Government Regulations
3. Regulation by the Media.
Details of these groups and regulations are given below:
1. Self Regulations
There are advertising agencies/advertising associations in almost all countries of the world which have framed some self policing regulatory activities. For example the American advertising federation has brought out the following code of ethics: (Since there exists no clear ethical code of advertising in Pakistan, therefore, codes of Advertising of the American Federation are explained for the purpose.)
1. All advertising shall tell the truth about the qualities of the product and all significant facts about the goods or services shall be revealed.
2. All claims made should be substantiated.
3. The advertisements should not be offensive to good taste and public decency.
4. Competitors will not be attacked unfairly about their products or services or their method of doing business.
5. Advertisers shall offer only such merchandise or services which are readily
available for purchase at the advertised price. They shall not indulge in the practice
of “bait advertising” where an inexpensive advertised product is used simply to induce the customers to come to the store and then persuade them to buy the higher priced products.
6. All guarantees and Warranties shall be explicit and easily understandable.
7. False and misleading price claims and savings claims shall be avoided.
8. Advertising shall avoid the use of exaggerated or unprovable claims.
9. Advertising containing testimonials shall
2. Government Regulations
Different newspapers, magazines, TV and radio organizations apply various criteria for self policing. For example, majority of the magazines usually consider the following factors:
a) The desire to protect readers of the magazine and potential customers from exploitative or dishonest advertisers. For example, the American magazines maintain a panel of technicians to test products before advertising them in the magazines and giving them the “seal of approval”.
b) Many magazines do not accept advertisements that do not confirm to the taste of their audience. Sexy advertisements may be gratified for “cosmopolitan’ magazine but not for “Readers digest”.
c) Most magazines respect the standards of advertising that they have set for themselves. Similar to magazines, all TV and radio networks maintain departments that judge and censor commercials for levels of acceptability.
The American direct Mail Advertising Association maintains a “standards of Practices Committee” to ensure that no objectionable materials are mailed by members. The Outdoor Advertising Association of America sets standards for billboards and poster advertising.
3. Regulation by the Media.
There are certain regulations which are exercised by state governments in a number of countries. The regulations that are involved in controlling various forms of advertising and other malpractices are:
a) Food and Drug Administration: It controls marketing of goods, drugs, cosmetics, medical devices or any other potentially hazardous consumer products.
Mosi governments regulate advertising indirectly by utilising the power to grant and withdraw broadcasting licences.
c) Postal service: It regulates material that goes through the mail, primarily in the areas of obscenity, lottery and mail fraud.
d) Di fferent countries have established different departments that regulate registration of trade marks, control the protection ot copyrights, regulate deceptive advertising of liquor and tobacco and there are departments which enforce all Federal Laws through prosecuting all such cases that are referred by other government agencies.
Define and elaborate passionate love and companionate love. Also make a comparison between these two types of love.
Yes we’ve all experienced it. It is the most universal emotion and the most powerful. It shapes, gives meaning to, and destroys lives. How much of us do we give when we love? Can one define and measure love? We have ways to measure aggression, prejudice, and attraction – but how do we measure love?
Elizabeth Barrett Browning posed a similar question: How do I love thee? Let me count the ways. Psychologist Robert Sternberg (1998) views love as a triangle, whose sides of varying lengths are passion, intimacy, and commitment. Sociologist John Alan Lee (1988) and psychologists Clyde and Susan Hendrick (1993) identify three primary love styles – eros (self-disclosing passion), ludus (uncommitted game playing), and storge (friendship) – which like primary colors, combine to form secondary love styles. Some love styles, notably eros and storge, predict high relationship satisfaction; others such as ludus, predict low satisfaction. (Meyers, 2002).
Passionate love is love most people can identify with. It is the most intense and the most exciting. If our love is reciprocated, we would feel ecstatic. But if not, it would devastate us. We are never so defenseless against suffering as when we love – stated Freud. And it couldn’t be any truer. Passionate love preoccupies the lover with thoughts of the other – a habit we are all guilty of and sometimes affects our appetite and sleep patterns. Passionate love is what you feel when you not only love someone, you are in love with that person. It also has a lot to do with being sexually attracted to that person.
Falling passionately in love is an initation rite to a fulfilled life. It teaches us a lot of significant things and molds us into a mature individual. Only through loving someone and belonging in a passionate relationship can we feel the longest range of emotions: happiness, despair, satisfaction, jealousy, desire, hurt, betrayal, and so much more.
Although passionate love reaches high temperatures, it eventually cools down. The longer a relationship endures, the fewer its emotional ups and downs (Berscheid, 1989). This may be observed among married couples who have reached their 10th year anniversary. The novelty wears off and the thrill of the romance inevitably fades over the years. Spouses don’t feel the need to express affection as often as before. Some begin to feel dissatisfaction and look for that passionate love once again outside the marriage. Some couples divorce. The ones that endure will settle to a loyal, steady, affectionate kind of love which is the companionate love.
It may not be as wild as passionate love, but it is more comfortable. It is the feeling that you know you always have your spouse to depend on. No high lasts forever. With constancy and repetition, tolerance and familiarity develops. You can’t be head over heels crazy in love with someone even after years of seeing the person everyday. The common mistake most people make is they assume romantic love should be the driving force to make a marriage last. In my opinion, it should be friendship, because it is more reliable relationship and truly stands the test of time.
It is fitting to end this article with a quote from Mark Twain: No man or woman really knows what love is until they have been married a quarter of a century.
Psychologist Elaine Hatfield has described two different types of love: compassionate love and passionate love. Compassionate love involves feelings of mutual respect, trust and affection, while passionate love involves intense feelings and sexual attraction.
Hatfield defined passionate love as:
“A state of intense longing for union with another. Passionate love is a complex functional whole including appraisals or appreciations, subjective feelings, expressions, patterned physiological processes, action tendencies, and instrumental behaviors. Reciprocated love (union with the other) is associated with fulfillment and ecstasy. Unrequited love (separation) with emptiness, anxiety, or despair”.
“All I Can See”, I was interested in the love relationship between the strange gray bird and the beautiful fragile butterfly, which the author portrayed at the end of the story. How this relationship was progressing and how long it was going to continue, would determine, to some extent, whether or not and how long the beautiful fragile butterfly will stay with the gray bird.
The behaviors of the bird and butterfly in their relationship could be used to define their love. Here I want to discuss the love relationship. And I define the love as companionate love compared with passionate love.
According to The Handbook of Social Psychology (1998), the two types of love are defined as follows:
“Passionate love: a state of intense longing for union with another. Passionate lovers are absorbed in one another, feel ecstatic at attaining their partner’s love, and are disconsolate on losing it.”(p.448)
“Companionate love: the affection we felt for those with whom our lives are deeply intertwined.”(p.450)
“Although passionate love burns hot, it inevitably simmers down. The longer a relationship endures, the fewer its emotional ups and downs (Berscheid & others,1989). The high of romance may be sustained for a few months, even a couple of years. But as we noted in the discussion of adaptation (Chapter 10), no high lasts forever. The novelty, the intense absorption in the other, the thrill of the romance, the giddy “floating on a cloud” feeling, fades. After two years of marriage, spouses express affection about half as often as when they were newlyweds (Huston & Chorost, 1994). About four years after marriage, the divorce rate peaks in cultures worldwide (Fisher, 1994). If a close relationship is to endure, it will settle to a steadier but still warm afterglow that Hatfield calls companionate love.”(p.450)
We could learn from the book that when the beautiful fragile butterfly met the gray bird at the very beginning, she was frightened by his hideous song. She didn’t love him at the first sight and thought he was a strange gray bird. But when she could understand the gray bird’s language and became accustom to his accompany, she became happy when he was happy. She fell in love with the strange gray bird and this love should be a companionate love. According to the handbook of social psychology, this love would continue longer so this is why I expect that the beautiful fragile butterfly would stay with the gray bird in a considerable longer time.
Factors Influencing Passionate and Compassionate Love
Some of the factors associated with passionate love include:
Timing: Being “ready” to be in love with another person is essential.
Early attachment styles: Securely attached individuals tend to form deeper, longer lasting love, while those who are anxiously attached tend to fall in and out of love quickly.
Similarity: Hatfield and Rapson note that we tend to fall passionately in love with people who are relatively good looking, personable, affectionate and similar to ourselves.
While passionate love is intense, it is generally very fleeting. Researchers have looked at how relationships progress among new couples, newlyweds and those married for a longer time and found that while passionate love is more intense at the beginning of relationships, it tends to give way to compassionate love that is focused on intimacy and commitment.
Passionate love may be quick to fade, but compassionate love endures.
While research on love has flourished over the past 20 years, Hatfield’s early research on this topic was not without critics. During the 1970s, U.S. Senator William Proxmire railed against researchers who were studying love and derided the work as a waste of taxpayer dollars. Other defended Hafield’s and other researchers important work, noting that if psychologists could understand patterns of human love, then perhaps they could also understand divorce and failed relationships.
Explain judiciary and the rule of law, organization of judiciary, its function and power.
Judiciary is the third organ of the government which is responsible for the administration of justice according, to the law of the .land enacted by the executive and made by the legislature. The concept of the welfare state is directly linked with social justice with impartiality and expeditiousness. An efficient judiciary is necessary for a good governance as it protects the individual rights of people in their public life. An efficient administration of justice maximizes the responsibility of a citizen in a state. It there is no effective judicial system, then there will he no law at all and the principle of “Might is right” will prevail. Severity of punishment does not but certainty of punishment does compel the offenders to abide by law. In ancient times, the executive and judicial function were combined in the monarch and he was considered as the fountain head to justice, but the overall result of this concept was absolute tyranny. Today’s modern and welfare state is conceivable only with the separation, independence and impartiality the judicial system so that it may protect the citizens from the excesses of the executive Judiciary is entrusted with the function of doing justice to all in the light of the universal principles of justice with equal protection to everyone and equal penalty for all those w m violate it. Punishment protest society from criminals. Historically, the status of judiciary has always been very high even .in tribal societies. Social structure of a society cannot be maintained without peace and harmony which is possible only with the enforcement of rule of law. An ideal social order is impossible without an independent impartial judiciary which guarantees equal protection of law to all. Excellent judicial performance and is dependent on good and equitable laws made by legislature and interpreted by an hone x and impartial judiciary. In democratic states, judiciary protects citizens’ rights and freedoms. It interprets laws and written constitutions and also plays an advisory role to the executive. In this way, it makes case laws in the form of judicial precedents and fills illegal flaws by interpretation. In dictatorships, the independence of judiciary is shackled and it only legalizes the orders of the autocratic rulers.
The Rule of Law is a very important legal principle universally recognised by all modern democratic states which declares the supremacy of law and equality before law amongst the citizens of a state. It guarantee the right to be dealt in accordance with common laws of the land by providing a chance of fair trial by proper hearing and rights of defence in a court of law as well as the right to appeal. No arbitrary action of any authority should infringe upon the inherent rights of the citizens. The dictates of law should be followed rather than the will of the government or if some individual ruler. The concept of public interest and state interest is subject to this fundamental principle of common law. Any excesses done by the state functionaries are subject to the scrutiny by the courts of law. This controls the arbitrary attitude and behaviour of the government officials and provides a system of checks and balances by making them responsible and answerable before the ordinary courts of law. It ensures liberty and security to all citizens of a state on the basis of legal equality irrespective of their social status. Though the rule of Law is a fundamental principle of English Constitution and law, it also provides and fulfills the requirements of natural justice according to universal human values. The true spirit of democracy may only be demonstrated by the actual application of this principle everywhere in the world. The general will of the people can prevail only in the presence of such a principle of natural justice. If otherwise, it will be tempered and biased and reflect only the opinion of a particular class of people.
“The Rule of Law” A.V. Dicey gave there different meanings to this term in his book namely “The Law of the Constitution” which are as under:-
– “It means, in the first place, the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power, and excludes the existence of arbitrariness, of prerogative, or even of wide discretionary authority on the part of government. Englishmen are ruled by the law and by the law alone; a man may, be punished for a breach of the law, but he can be punished for nothing else.”
“It means, again, equality before the law, or the equal subjection of all classes to the ordinary law of the land administered by the ordinary law courts.”
‘The Rule of Law’, lastly may he used as a formula for expressing the fact that with us the law of the constitution, the rules which in foreign country naturally form part of the constitutional code, are not the sources, but the consequences of the rights of individuals, as defined and enforced by the courts, It means the main principles of the constitution such as the right
of personal liberty or of public meeting, have been set up on the foundation : the old common law and not as thing derived from any general constitutions theory.”
A deep study of explanation of the Rule of Law reveals how influenced the English constitution which is based on common principles of law and the judicial decisions during the passage of time.
– The Rule of Law has its limitations as well. With the gradual progress t democratic system of government and with the ever increasing state intervention in individual life in the present day changed socio-political environment, application of that rule of law has been restricted. The skeleton legislation by the parliaments or legislature has to some extent, manipulated the rule of law negatively, because minute details of that law fall within the discretionary power of the executive or administration. However, on violation of the rule of law is not possible even through discretionary powers or delegate legislation. During the implementation state, the administrative authorities make decision without following the Rule of Law and the procedure prescribed for judicial decisions although they make judicial decisions but without interviewing or according, hearing t the party concerned while their decisions have judicial authority. At times even the right to appeal is not granted. Some immunities and special privileges granted to authoritic as well as active restrictions imposed against challenging some illegal actions, have all impaired the validity of the rule of law. Penalty on citizens if they fait to prove ill w 1 on the part of a public authority or prohibition on discussion of the conduct of judges arc relevant examples in this regard. Social and economic barriers also stand in the way f equal access to the courts of law. The result is non-redressal of poor people’s grievance- as due to their poverty they cannot pay heavy fees of legal experts and advise^. Administrative Courts in some democratic stats which try their state functionaries and public authorities for breach of law on their part, are also deviation from the rule out as the same provide a separate system of legal trial.
Organization of the Judiciary:
Organization of the judiciary is different in different states according to judicial requirements of each state. The structure of judiciary is very vast in each state consisting of a network of courts with differing jurisdictions and judicial powers to administer justice for common people. Judicial is totally separate and independent in some states while in some other it is combined to some extent with the executive. In federal state „ there are two structures i.e. one for the federation or the central government and the other for the units or provinces, such as the U.S. judicial system. However, judicial systems ordinarily differ in parliamentary and presidential forms of government as well as in federal and unitary systems; hut still there are limited similarities indifferent systems. Mostly judicial organisations and structures are different in different countries with basic variations but the functions of the judicial organisation are similar in all states except the former USSR. Nowhere judicial organisation is final but it is subject to change by statutory provisions for reforming the systems from time to time. The British judicial system is based on customary law generally known as the English Common Law, consisting of common law, statute law, equality and case law: but recently a new source of law, namely the community law based on common laws for the entire European Community has been added. American judicial organisation is unique in nature and is the first ever federal judicial system, based on the principles of separation of powers, judicial supremacy and judicial review. In America, there are two establishments of the judicial system i.e. Federal Courts and State Courts; but constitutionally the federal courts are superior to state courts. In Pakistan, there is single judicial organisation despite federal system of government. The judicial systems adhere to similar principles for their organizations in the modern world. There systems are based on lower courts or the courts of first instance- at the bottom with limited powers and jurisdiction but the courts of appeal or high and supreme courts at the top with exclusive jurisdiction to decide all matters at appellate level and of constitutional nature. The courts of the following types are found in different systems:
– Civil Courts;
– Criminal Courts;
– Special Courts;
– Administrative Courts
Civil Courts are those courts which deal with litigation in civil matters i.e. when civil rights of a citizen are infringed upon by another citizen or sometimes the state. But in criminal cases, the cause of action arises from the breach or violation of state laws by individual or a body of individuals e.g. breach of peace, violence against life or property of a person etc. At lower level civil cases are tried by civil judges or other judges but criminal cases are tried by Magistrates or criminal courts of first instance. But appellate and final courts have jurisdictions in both civil and criminal cases.
Special courts are established for special and particular matters which are excluded from ordinary courts. In some cases they follow a different procedure. These special courts are generally set up for military, industrial sector, taxation, labour, customs and excise etc.
Administrative Courts are also special courts in nature which are established for trial of public servants and state functionaries according to special administrative laws. Courts are also classified as Constitutional and Legislative courts. Constitutional courts are generally established in such states whose systems are governed by written constitutions providing for the creation of such courts with particular jurisdiction and powers e.g. American Supreme Court and’ Supreme and High Courts of Pakistan etc. These courts have powers to interpret constitutions. Legislative Courts are the creation of various statutes/ acts of legislatures. These courts are completely regulated by legislative and statutory provisions.
Functions and Powers of the Judiciary:
The main purpose of the judicial organization is the administration of justice, and settlement of disputes either between citizens/individuals or between citizens and state. It fulfills the requirements of justice by open, impartial and fair trial of the persons accused under various charges. Courts sort out and investigate the facts and punish those persons who have violated the state laws and also declare and determine the rights in civil matters. In modern states, courts perform numerous functions but their important functions and powers are as under:-
– Administration of justice;
– Settlement of disputes;
– Interpretation of Constitution and statutes;
– Judicial Reviews;
– Advisory Jurisdiction;
– Preventive justice
– Safeguarding fundamental rights;
– Administrative Functions;
– Misc. and non-judicial functions.
The first and foremost function of the judiciary is to administer justice in the state because “There is no better test of the excellence of a government than the efficiency of its judicial system, for nothing more nearly touches the welfare and security of the average citizen.” as written by Lord Bryce. Thus Administration of justice is the basic duty of the judicial organization and without it chaos will be the over all result. Judiciary settles disputes between individuals as well as between individuals and the state according to the state laws. It protects the innocent from usurpers and evil elements through process of laws. In cases of ambiguity and authority flaws, the judiciary interprets laws according to the intentions of the law-makers by fair and equitable use of discretion in interpretation. These are judicial precedents commonly known as judge-made laws or case-laws which have the force of law for all subordinate courts. Interpretation of constitutions in case of written constitutions is also an important function of the judiciary which decides disputes of constitutional nature. Judicial review is the power judiciary had acquired through constitutional interpretations while implementing constitutional provisions. The judiciary controls the legislature and the executive through judicial review and declares ultra vires and unconstitutional such orders and laws which are considered beyond constitutional limits. Advisory jurisdiction is also provided in some constitutions for the smooth running of administrative affairs by consulting the supreme courts for guidance of the executive on points of law in cases of ambiguity. Preventive justice is beneficial to the citizens in cases of threat of breach of law and violations of rights. Courts may issue directions on writs and record restraining orders or injunctions where necessary and desirable. In modern constitutions, judiciary is the guardian and guarantor of fundamental rights of citizens against personal or state excessed or against any other threat to these rights. It also performs miscellaneous functions of judicial and non-judicial nature which are not clearly defined, such as appointments of receivers, guardians and administrators etc.
Administrative affairs of judicial departments” are also controlled by the superior courts. The terms and conditions of service, appointments, cases of misconduct and corruption and removal from service of subordinate judicial officers and magistrates are also handled by judiciary itself. Such administrative control protects the subordinate judiciary from the interference and influence of the executive & thus secures its independence and separation. In Pakistan, provincial High Courts are responsible for such Administrative functions.
Discuss the salient features of the 1973 Constitution of Pakistan.
Salient Feature of the 1973 Constitution of Pakistan:
The present Constitution is the third constitution of the country which was drafted and passed by the National Assembly of Pakistan on April 10, 1973. It was authenticated by the president on April 12, 1973 and enforced on August 14, 1973. Following are the main characteristics of this constitution.
1) A Written Constitution
The Constitution of 1973 is written with a preamble, 280 Article, 6 Schedules and a few Amendments. Political Usage’s and Traditions are yet to emerge and develop side by side with the constitution of Pakistan.
The Constitution is neither too rigid like the American Constitution nor too flexible like the British Constitution. It can he amended if 2/3 majority of the total strength of the National Assembly approves an amendment in it and when the same is absented to by the Senate with majority of its total strength.
3) Republican Form of Government
According to the Constitution, Pakistan shall be an Islamic Republic. The Head of the State shall be elected by the parliament in a joint sitting for a term of five years. He may be re-elected for another term also.
4) Federal Form of Government
Pakistan shall be a Federation consisting of the provinces of Sind, Punjab, N.W.F.P and Baluchistan. Powers of the Federation have been enumerated in the Federal Legislative list part-I and II and residuary powers belong to the provinces Powers common to both the federal and the provincial Governments have been enumerated in the Concurrent List.
5) Parliamentary Form of Government
The Constitution provides for Parliamentary form of Government both at the centre and in the provinces. Both the Prime Minister and the Chief Ministers are held responsible to the National and Provincial Assemblies. They continue in office as long as they command confidence of the assemblies.
They may be removed by the assemblies through a vote of No-Confidence.
6) Bicameral Legislature
The Legislature will Bicameral. The Lower House is called the National Assembly directly elected by the people on the basis of one man one vote for a term of 5 years. The upper House is called the Senate elected by the Provincial Assemblies on the basis of Proportional Representation. The National Assembly is subject to dissolution but not the Senate.
7) Fundamental Rights
The Constitution grants and protects the fundamental rights of the citizens of Pakistan. They include the right to life, property, profession, liberty of thought and expression, freedom of association, religion, equality of citizens etc. In case of their violation, the affected person may go to the Courts for seeking redress of his grievances.
8) Pakistan to be a Welfare State
The Constitution reflects the spirit of a Welfare State. It provides that •illiteracy shall be removed; educational and economic interests of backward classes and areas shall be promoted; just and human conditions of work shall be provided; prostitution, gambling and consumption of alcoholic liquor shall be prohibited and well-being of the people, irrespective of caste, sex, creed or race will be secured by raising their standard of living. Basic necessities of life like food, housing, clothing, education, and medical relief shall be provided to the citizens who are permanently or temporarily unable to earn their livelihood.
9) Independence of Judiciary
Although the members of the judiciary are appointed by the president yet the powers to remove them from their offices have not been given to him for ensuring independence of judiciary. The judges can be removed by the president only when the Supreme Judicial Council of Pakistan so advises him. The Constitution also provides independence of the judiciary from the Executive.
What is collective behaviour? Discuss different types and examples of collective behaviour. Also narrate theoretical approaches to the study of collective behaviour.
Collective behaviour has been generally applied to these events and refers to group behaviour which originates spontaneously, is entirely unorganized, fairly unpredictable and planless in course of development, and which depends on interstimulation among participants. Examples of collective behaviour include panics, revolutions, riots, lynching, manias, crazes, and fads.
Traditional approaches to the study of collective behaviour have emphasized the importance of emotion, suggestibility and irrationality in the understanding of collective episodes.
Types and Examples of Collective Behaviour
The term collective behaviour has been applied to a broad range of group activities ranging from a rather spontaneous and short lived actions of a crowd to the more organized, structured and long-term experiences of a major social movement.
– The Crowd
We attend the theatre and game events with a large number of people. We join the political demonstration to change the direction of domestic and foreign policy. Each of these actions could be viewed as crowd behaviour. Crowd refers to a highly diverse conditions of human assemblage: audience, mob, rally and panic all fall within the definition of crowd. Roger Brown (1954) classifies crowds as either active or passive. Passive crowds are given the label audience and can be either casual (a group pausing on a street corner to observe some stimulus event) or international (spectators at an athletic event) in nature. Active crowds are called mob and include aggressive collectivities, such as riots and fynch mobs, panics of escape and acquisition, and expressive crowds.
– Communication in the Crowd: Rumours
Most analysts of the crowd behaviour argue that the dispersal of information through rumours is one of the most important and significant processes underlying the whole phenomenon. When a mass of individuals joins together in a common course of action, such as riot, panic, or lynching, they must usually develop something approximating a common definition of the situation. The development of this common definition often occurs through the rumour-dissemination process.
Turner and Killian (1972) have noted that rumour is the characteristic mode of communication in collective-behaviour episodes. It is the mechanism by which meaning is applied to what is otherwise likely to be an ambiguous situation. Thus, rumours play an important problem solving role and allow the people to deal with the complexities and uncertainties of life by providing meaning and structure. Rumours are most likely to develop in situations that are characterized by both ambiguity and stress. Stress increases the immediacy of need for meaning, thus, when our personal welfare appears to be threatened in some way and there is no clear definition of what is happening or why, rumours are likely to run rampant. Rumours are generally passed by word of mouth from one person to another. When large groups of people are coming together, the speed of the transmission is greatly facilitated. These rumours are completely distorted in the process of transmission. They play a critical role in most episodes of collective behaviour. Through providing meanings in situations of ambiguity and stress, they provide an orientation for the potential actors by helping them develop a common definition of the situation. This aids in the mobilization of the participants for action by identifying a target on a riot or lynching, by attributing cause for problems and failure, and by defining what would be an appropriate course of action. Rumours are an important mechanism of information transmission in most societies and their significance is increased dramatically during stress and crisis.
– The Role of Leadership in Crowd
The acceleration of activity in many collective behaviours is attributed to the actions of the leader. This emergent leadership acts first what the others will do subsequently. This leadership is emergent and is not selected according to the traditional practice. The leadership emerges out of the course of group interaction and often disappears back into the crowd after the action has run its course. The development of leadership in major social movements is the exception. Many of the important political leaders achieved world recognition through their emergence as leaders of social movements. Examples include Ghandi, Fidel Castro, Mao Tse Tung, Imam Khomieni and many others. Conventional leadership follows conventional norms and leadership in a mob is engaging in the violation of conventional norms and they are the persons for whom norms are the weakest. The critical importance of leadership in most collective behaviour occurrences can best be summarized by reviewing the roles the leader plays. First, the leader builds and increases the emotional tensions of the groups. Second, the leader suggests a course of action that will relieve the built-up emotions.
Finally, the leader justifies the specified course of action as being “right”. This is the final stage for hesitant, timid and more rational people to be converted into collective behaviour. It is true that in most collective behaviour-episodes, things are not always as they seem. Marx (1974) notes that some activitists and even some leaders of social movements are actually “agent provocateurs” or informers planted by an authority to create internal crisis.
– Panic as a Type of Collective Behaviour
Panics tend to emerge from crowd situation such as fire in a cinema hall, hotel etc., but in some situations it emerges inspite of physical and psychological distance of the people involved in the panic. For example, economic panic can occur among persons who are widely dispersed if they come to apply a similar set of definitions to a common situation. Some stimulus is required to prompt the action of the dispersed participants, such as radio or television report (see Norms and Social Influence, unit -3 of part two). However, the presence of crowd facilitates reaction. In the simplest sense, panics involve competition for something in short supply. This may be economic resources, products or social status. Economic panics occur when money or some other commodity is believed to be on short supply and may result in such behaviours as a run on a bank or a selling run on a stock exchange. Other panics may occur when groups of people believe that there are insufficient escape routes in a dangerous situation, such as when a building is on fire. According to research, ambiguity about the degree of danger and the probability of escape increase the probability of panic behaviour. From From the study of experimental literature Fitz and Williams (1957) conclude that panics are most likely to occur when the following conditions exist:
Individuals perceive an immediate and severe danger to life, financial security, social status and so on.
People believe that there is a limited escape route or any other applicable form of “short supply”. If there were a large number of escape routes that would easily accommodate all those in need, there would be no need for competition and, hence, panic.
People believe that the existing routes are closing, so that if one does not get out in a hurry, there will be no escape at all. If the escape routes are not closing, there should be ample time for everyone to make an escape, and panic will not be likely to occur.
There is a lack of information or the existing communication channels are unable to keep everyone adequately informed on the issue. This leads to ambiguity and greater urgency in the situation.
Fashions and Fads
These types tend to be more trivial in terms of their total impact on individual lives, but they are also included under the umbrella of collective behaviour. Unlike many collective episodes, which tend to be “crowd” phenomena, fads and fashions do not depend upon the physical proximity of participants and can affect the behaviour of individuals in widely dispersed circumstances. A fad can be defined as some short-lived variation in pattern of speech, behaviour, or decoration. For example, music of air wolf (a PTV programme at time), phrases from drama and film, etc. Its occurances are quite unpredictable, but its life can be expected to be short. Fashions tend to be longer-live than fads. However, fashions is a process, which means that it is a continuing state of change. Hemline length, lapel width, hair lengths, the style of eyeglashes are the examples.
Traditionally, it has been assumed that fashions were introduced by people of high social status and that they then filter downward. In many instances, this is true, but the filtering goes in the other direction as well. For example, some contemporary style of dress, shoes, and foods originated in the lower social classes and then filtered upward.
Theoretical Approaches to the Study of Collective Behaviour
The major theoretical orientations of collective behaviour have been summarized under the headings of contagion, convergence, emergent norms theories, and sociological theory of Smelser.
Theories of collective behaviour based on contagion “explain collective on the basis of some process whereby moods, attitudes, and behaviours are communicated rapidly and accepted uncritically”. Contagion theory grows out of the classic work of LeBon (1896) who sought to understand how groups of individuals could come to present characteristics that were both different and unpredictable from the characteristics of the individuals composing the group. His explanation came to be referred to as the “law of the mental unity of crowd”. This proposed that under the right set of circumstances, the sentiments and ideas of all persons in a group would take one and the same direction, and individual initiative and personality would vanish. In such circumstances, the behaviour that resulted would be unique to the group setting in that one could not predict its occurrence simply on the study of the individuals comprising the group.
Contagion theory relies heavily on such idea as stimulus-response and emotional contagion. Supposedly, as a crowd mores around and interacts, emotions are transmitted quickly from one individual to the other, and each individual becomes transformed as he comes more and more under the influence of the group. This transformation is facilitated through “circular reaction” or “a type of interstimulation” whereby one individual reproduces the stimulation that has come from another and when reflected back to this individual, reinforces the original stimulation.
– Convergence Theory
According to contagion theory, the individual in a crown situation loses himself/ herself to the emotions of the crowd and does something that could not be predicted on the basis of individual characteristics. Convergence theory, on the other hand, argues that participants, particularly in violent collective episodes, were already predisposed to engage in such actions — the crowd simply offers them the excuse. Thus, collective behaviour is explained on the basis of simultaneous presence of a number of people who share the same predispositions, which are activated by the event or object toward which their common attention is directed.
According to convergence theory, the presence of the crowd is not the casual factor n collective outburst. Rather, it simply provides an excuse for people to do what they were already predisposed to do anyway. Allport argues, nothing new is added by the crowd situation “except an intensification of the feeling already present, and the possibility of concerted action”.
– Emergent-Norm Theory
The emergent-norm approach as initially developed by Turner and Killian (1957) argues that observers of collective-behaviour episodes have tended to get so caught up i the emotion of the situation that they fail to make important observations of what actually is happening. Thus, they fail to notice the definitional process that is often securing. “The shared conviction of right, which constitutes a norm, sanctions behaviour consistent with the norm, inhibits behaviour contrary to it, justifies proselyting, and requires restraining action against those who dissent. Because the behaviour in the crowd is different either in degree or kind from that in non-crowd situations, the norms must be specific to the situation to some degree-hence the emergence norm. Bystanders, influenced by the emotion of the situation, often fail to observe this process.
Emergence-norm theory differs in several important respects from the other two approaches. For example, rather than attributing crowd action to the “spontaneous induction of emotion”, greater emphasis is placed on group conformity through the imposition of a social norm. The crowd suppresses incongruous feelings and actions of its members and provides direction and meaning. In addition, limits on the direction and degree of crowd action are more readily explainable by emergent-norm theory than by the other two. The crowd defines certain behaviours as appropriate to the situation, but other behaviour may remain defined as inappropriate. The individual who goes beyond the limits is often chastised and sanctioned.
Smelser’s Valued-Added Theory
Smelser combines ideas from economic with the work of sociologists in developing “value-added” theory. Smelser’s theory seeks to provide answers to two basic questions: (i) what are the factors that determine whether or not a collective-behaviour episode will occur? and (ii) what determines whether one type (for example, panic as opposed to a riot) rather then another will occur? Value-added notion implies that the development of a collective-behaviour episode, involves a process and that each stage in that process adds its value to or influences in an important way the final outcome. More specifically, he sees six stages as necessary before collective actions of the nature discussed above will occur. These six stages occur in sequence, and ail are necessary, otherwise the developing episode will not occur, these stages include:
– Structural Conduciveness: The concept of structural conduciveness implies conditions that are permissive of a particular sort of collective behaviour. That is, general conditions in a given society are such that they would enable or allow a particular form of collective behaviour.
– Structural Strain: More specifically, structural strain refers to certain aspects of a system such as economic competition, unequal distribution of wealth, and sense of economic deprivation.
– The Growth and Spread of a Generalized Belief: The third phase involves the development among the potential participants of a generalized belief regarding the causes for the strain that exists and some means by which it may be eliminated. In other words, the developing belief that comes to be accepted by members of the group identifies the source of the strain, attributes certain agreed-upon characteristics to this source, and then makes some recommendation about how the strain can be relieved.
– Precipitating Factor: The precipitating event is the incident or action that sets
off the collective episode. Because of conduciveness, strain, and the development of a generalized belief, the situation is now ripe for an explosion. All it needs is the spark that will set it off.
– Mobilization of Participants for Action: Now all that is needed is for the gathered participants to mobilize. The mobilization is largely a function of two forces — leadership and communication. Before the milling and largely disorganized crowd can begin to take some coordinated action, some form of leadership must be provided. This emergent leadership then communicates direction to the crowd — for example, the target for the hostilities is defined, appropriate actions are specified, a division of labour may even be established, and so on. At this point, a full-fledged collective episode is underway.
The Operation of Social Control: Up to this point, it is argued that the factors identified must be present, otherwise the collective action will not occur. But the absence of the social control is the key to the final outcome. In other words, if social control is present, the presence of the previous five factors will be suppressed and controlled and cannot be converted into a collective-behaviour episode.
Differentiate between attitude and behaviour. How do the characteristics of Source, message and audience affect the attitude making?
Attitudes and Behaviour:
Social scientists have debated the relationships between attitudes and behaviour –attitude as predictor of behaviour. Two studies of Richard Lapiere and Kutner et al indicated a lack of correspondence between actual behaviour and the behaviour th; respondents verbally indicated that they would take. A careful review of the research from 1930 to 1969 led to the conclusion that attitude accounts for about to percent I variability in behaviour. Warner and DeFleur have noted that the debate has resulted i three distinct views.
The first is the postulate of consistency. It is based on the assumption that attitude can be used as reasonably valid guides for prediction of the behaviour. The second is the postulate of independent variation. It claims that there is no valid reason to assume that attitudes and behaviours should be consistently related. The third position is the postulate of contingent consistency. It combines the previous two positions. According to the postulate, behaviour appears to be influenced by the person’s attitude combined with other personality and other situational factors. An examination of the attitude/behaviour-research reveals that most of the studies were focused on attitude alone in predicting behaviour. The results indicate that attitudes by themselves are not very good predictor of behaviour. DeFleur and Westi argue that the lack of a strong relationship between verbal attitude and overt behaviour may be explained in terms of social constraints preventing the person from acting out his convictions, for example, an individual may e extremely prejudiced against smokers, but when introduced by his or her significant others, he or she responds in a gracious manner. Most contemporary researchers have been influenced by the insight and have attempted to include situational constraints in understanding attitude/behaviour relationships.
Characteristics of the Source, the Message, and the Audience on AttitudeMaking:
Howland, Janis, Kelly and many others have examined in detail issues relating to: (i) the source of the message; (ii) the characteristics and content of the message; and (iii) the characteristics of the recipients of the message in determining the nature and amount of attitude change that will be generated.
Characteristics of the Communicator/Source
Most of us would probably respond more favourably to arguments given by expert on the topic concerned. Researchers have gathered considerable evidence that we are more influenced by an expert than we are by a layman. If someone or some entity is defined as an expert, we almost automatically assume that he or she is a source of valid and correct arguments. However, expertise is issue-specific. The economist who know about the economic policy of the country may know little about the religion. Different experts can disagree about the relative merit of various courses of action. For example, there are probably equal number of arguments on both sides of the debate of adopting small family norms or these of iodized salt. Economists and doctors present credentials to convince the people to adopt such behaviour while religious leaders oppose the issue on religious grounds. In such cases, the public tends to opt for the status quo rather than trying to choose between expert sources.
Another important characteristic of the communicator is his trustworthiness. If we can trust a communicator, we are more likely to be influenced by that source. Other communicator characteristics that influence our attitude are power, attraction, likeahleness, and similarity. We are more likely to be influenced by source who has power. Because the communicator has the power to impose sanctions if we fail to comply with the request. To effectively bring about change, the powerful source must also be visible or have the ability to monitor the degree of compliance. An attractive and likeable communicator will have more effect on an audience than will one who is disliked and unattractive. The salesperson who dresses neatly and is pleasant is much more likely to change the attitude and make the sale than one who is nasty and unattractive. Similarity may operate in much the same fashion. For example a housewife depicted in a commercial who hates to clean dishes can he identified with other housewives who similarly despise that particular job. If she has found a product what can easily clean the dishes then the same product will work for others as well.
Characteristics of the Message
Regarding the message, there are two major issues: (i) the use of fear-arousing as apposed to more rational or less emotional appeal; (ii) the content or organization of the message itself.
– Fear-arousing appeal:
Many messages have been based on the assumption that if sufficient fear is aroused in an audience, they will be convinced to choose the course of action advocated by the message. An appeal that causes much fear does arouse more worry, concern, and fright in an audience, but this is less likely to be translated into attitude and behaviour change than are appeals that elicit less fear and more thought. Apparently too much fear can cause us to “turn of ” the message and to react unfavourable to it. Highly fear arousing appeals may be so distracting that it is difficult for the audience to attend to what is being said. Many researchers have found that if an immediate response is necessary, and if the subject has low self-esteem, highly fear-arousing appeals are more effective.
– Organization of the Message:
Extensive research has been conduced on the issues that (a) whether persuasive message should present on one or both sides of the arguments, (b) whether message should draw a conclusion or leave it up to the audience. Researchers concluded that it depends upon several other factors in addition to that of message organization. For example, evidence concerning whether to present only one side of an argument or to recognize the arguments of the opponents as well suggests that it depends upon the characteristics of the audience. If the audience is well-informed and already know the counter arguments, then the speaker will have more impact if he or she recognizes those counter arguments and should answer them if possible. If the audience is not well-informed, presenting both sides arguments will confuse the audience.
Research evidence suggests that if the issue is more complicated then the speaker should draw the conclusion and vice versa.
Characteristics of the Audience:
Certain personal and group characteristics of the individual must be assessed to evaluate the effectiveness of communication.
– Personality Factors:
There is no research evidence that indicates that some people are rigid and some are more susceptible toward attitude change efforts. But in general, people who have had a history of success are less likely to be amenable to persuasive appeals. Successful individuals are more self-confident and less reliant on others than are those who have a history of failure. Persons who have aggressive personalities are also less likely to respond to efforts to change their attitudes. A person who is absolutely convinced of the Tightness of his or her opinion is not likely to respond favourably to efforts to change that attitude.
– Group Factors:
Communication appeals are usually filtered through the various group membership and opinion leaders that play an interpretative role for us. Research showed that most voters do not respond directly to appeals made by politicians. Rather, they interpret and evaluate these appeals in terms of religious groups, labour unions, baradarism, provincialism, khanism, vaderaism and so on. When the group ties have been broken they are more amenable to persuasive appeals.