THE ROLE OF MEDIA IN THE SOCIAL WORLDNCE THEORIES

THE ROLE OF MEDIA IN THE SOCIAL WORLDNCE THEORIES

Chapter#10:

AUDIEMEDIA AND SOCIETY: THE ROLE OF MEDIA IN THE SOCIAL WORLDNCE THEORIES: USES, RECEPTION, AND EFFECTS

Information (Innovation) Diffusion Theory

In 1962, Everett Rogers information/ innovation diffusion theory Theory that explains how innovations are introduced and adopted by various communities

Meta Analysis Identifies important consistencies in previous research findings on a specific issue and systematically integrate them into a fuller understanding

Early Adopters In information/ innovation diffusion theory, people who adopt an innovation early, even before receiving significant amounts of information

Change agents In information/ innovation diffusion theory, those who directly influence early adopters and opinion leaders

Strengths Weakness
1. Integrates large amount of empirical findings into useful theory

2. Provides practical guide for information campaigns in United States and abroad

1. Is linear and source-dominated

2. Underestimates power of media, especially  contemporary media

3. Stimulates adoption by groups that don’t understand or want the innovation

Social Marketing Theory

Social Marketing Theory Collection of middle-range theories concerning the promotion of socially valuable information

Targeting Identifying specific audience segments and reaching them through the most efficient available channel

Hierarchy of effects model Practical theory calling for the differentiation of persuasion effects relative to the time and effort necessary for their accomplishment

Strengths Weakness
1. Provides practical guide for information campaigns in United States and abroad

2. Can be applied to serve good ends

3. Builds on attitude change and diffusion theories

4. Is gaining acceptance among media campaign planners and researchers

1. Is source-dominated

2. Doesn’t consider ends of campaigns

3. Underestimates intellect of average people

4. Ignores constraints to reciprocal flow of information

5. Can be costly to implement

6. Has difficult assessing cultural barriers to influence

Digital divide The lack of access to communication technology among people of color, the poor, the disabled, and those in rural communities

Media System Dependency Theory

Media system dependency theory Idea that the more a person depends on having needs gratified by media use, the more important the media’s role will be in the person’s life and, therefore, the more influence those media will have.

Strengths Weakness
1. Is elegant and descriptive

2. Allows for systems orientation

3. Integrates microscopic and macroscopic theory

4. Explains role of media during crisis and social change

1. Is difficult to verify empirically

2. Meaning and power of dependency are unclear

3. Lacks power in explaining long-term effects

The Knowledge Gap

Knowledge gap Systematic differences in knowledge between better-informed and less-informed segments of a population

It is not only variable access to media technologies, however, that produce knowledge gaps. Individual differences such as information-processing ability and level of cognitive complexity (McLeod and Perse, 1994) and perceived value of being informed (Ettema and Kline, 1997) also widen gaps, as does the quality of the information presented by news organizations. In a comparative study of knowledge gaps in four nations—the United States, Britain, Denmark, and Finland— James Curran, Shanto Iyengar, Brink Lund, and Inka Salovaara-Moring discovered a significant knowledge gap between American television news viewers and viewers of news in those other lands. They attributed the gap to the public service orientation of television news in those latter three countries, which “devotes more attention to public affairs and international news … gives greater prominence to news [broadcasting news several times an evening in what Americans would call primetime] … and encourages higher levels of news consumption” (2009, p. 5). These factors were strong enough to minimize the knowledge gap in those countries between the well educated and less educated and between those who were financially well off and those who weren’t.

Digital literacy corps Digital ambassadors in local communities helping people get online

Strengths Weakness
1. Identifies potentially troublesome gaps between groups

2. Provides ideas for overcoming gaps

3. Presumes reciprocity and audience activity in communication

4. Is grounded in systems theory

1. Assumes gaps are always dysfunctional; not all researchers agree 2. Limits focus to gaps involving news and social conflicts 3. Can’t address fundamental reasons for gaps (e.g., poor schools or limited access to information sources)

Agenda Setting

Agenda Setting The idea that media don’t tell people what to think, but what to think about

Walter Lippmann, in Public Opinion (1922), argued that the people do not deal directly with their environments as much as they respond to “pictures” in their heads. “For the real environment is altogether too big, too complex, and too fleeting for direct acquaintance. We are not equipped to deal with so much subtlety, so much variety, so many permutations and combinations.

Priming In agenda-setting, the idea that media draw attention to some aspects of political life at the expense of others

Agenda Building A collective process in which media, government, and the citizenry reciprocally influence one another in areas of public policy

Framing theory Idea that people use sets of expectations to make sense of their social world and media contribute to those expectations

Second-order agenda-setting The idea that media set the public’s agenda at a second level or order—the attribute level (“how to think about it”), where the first order was the object level (“what to think about”)

Frames In framing theory, a specific set of expectations used to make sense of some aspect of the social world in a specific situation and time

Strengths Weakness
1. Focuses attention on audience interaction with media

2. Empirically demonstrates links between media exposure, audience motivation to seek orientation, and audience perception of public issues

3. Integrates a number of similar ideas, including priming, story positioning, and story vividness

1. Has roots in mass society theory

2. Is too situationally specific to news and political campaigns

3. Direction of agenda-setting effect is questioned by some

The Spiral of Silence

Spiral of Silence Idea that people holding views contrary to those dominant in the media are moved to keep those views to themselves for fear of rejection

The way news is collected and disseminated, she continued, effectively restricts the breadth and depth of selection available to citizens. She identified three characteristics of the news media that produce this scarcity of perspective:

  1. Ubiquity: The media are virtually everywhere as sources of information.
  2. Cumulation: The various news media tend to repeat stories and perspectives across their different individual programs or editions, across the different media themselves, and across time.
  3. Consonance: The congruence, or similarity, of values held by news people influences the content they produce.
Strengths Weakness
1. Has macro-and micro-level explanatory power

2. Is dynamic

3. Accounts for shifts in public opinion, especially during campaigns

4. Raises important questions concerning the role and responsibility of news media

1. Has overly pessimistic view of media influence and average people

2. Ignores other, simpler explanations of silencing

3. Ignores possible demographic and cultural differences in the silencing effect

4. Discounts power of community to counteract the silencing effect

News Production Research

News production research The study of how the institutional routines of news production inevitably produce distorted or biased content

  1. Lance Bennett (1988, 2005a) surveyed news production research literature and summarized four ways in which current news production practices distort or bias news content:
  2. Personalized news: 2. Dramatized news: 3. Fragmented news: 4. Normalized news:

Objectivity Rituals In news production research, the term for professional practices designed to ensure objectivity that are implicitly biased toward support of the status quo

Strengths Weakness
1. Provides recommendations for potentially useful changes in news production practices

2. Raises important questions about routine news production practices

3. Can be used to study production of many different types of news

1. Focuses on news production practices but has not empirically demonstrated their effect

2. Has pessimistic view of journalists and their social role

3. Has been ignored and rejected as impractical by practicing journalists

Media Intrusion Theory

Media intrusion theory Idea that media have intruded into and taken over politics to the degree that politics have become subverted

Social capital The influence potential leaders develop as a result of membership and participation in social groups

Strengths Weakness
1. Provides basis for social change

2. Raises important questions about operation of news media organizations

1. Focuses on operation of news media but has not empirically demonstrated its effect

2. Has overly pessimistic view of news media and their social role

3. Focuses too much on intrusion into politics

4. Is based on elite pluralism assumptions

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THE EMERGENCE OF CRITICAL AND CULTURAL THEORIES

Chapter#8: THE EMERGENCE OF CRITICAL AND CULTURAL THEORIES OF MASS COMMUNICATION

In this chapter, we will trace the emergence of theories directly addressing questions about the way media might produce profound changes in social life through their subtle influence on the myriad of social practices that form the foundation of everyday life. These new perspectives argued that media might have the power to intrude into and alter how we make sense of ourselves and our social world. Media could alter how we view ourselves, our relationship to others, even the image that we have of our body.

Culture The learned behavior of members of a given social group

CHANGING TIMES

Media have become a primary means by which most of us experience or learn about many aspects of the world around us. Even when we don’t learn about these things directly from media, we learn about them from other people who get their ideas of the world from media. Mass society theory greeted similar types of social change with alarm. It viewed mediated culture as inferior to elite culture.

Cultural studies Focus on use of media to create forms of culture that structure everyday life

THE CULTURAL TURN IN MEDIA RESEARCH

The various cultural theories of media can be identified in several ways. We use a dichotomy widely employed by cultural theorists to differentiate their scholarship (Garnham, 1995): Microscopic interpretive theories focus on how individuals and social groups use media to create and foster forms of culture that structure everyday life. These theories are usually referred to as cultural studies theory. Macroscopic structural theories focus on how media institutions are structured within capitalist economies. These theories focus attention on the way social elites operate media to earn profits and exercise influence in society. They argue that elites sometimes use media to propagate hegemonic culture as a means of maintaining their dominant position in the social order.

Hegemonic culture Culture imposed from above or outside that serves the interests of those in dominant social positions

Political economy theories Focus on social elites’ use of economic power to exploit media institutions

MACROSCOPIC VERSUS MICROSCOPIC THEORIES

Cultural studies theories are less concerned with the long-term consequences of media for the social order and more concerned with looking at how media affect our individual lives. These theories, as we’ve seen throughout this book, are micro-level, or microscopic, because they deemphasize larger issues about the social order in favor of questions involving the everyday life of average people. Political economy theories, by contrast, are macroscopic cultural theories. They are less concerned with developing detailed explanations of how individuals are influenced by media and more interested with how the social order as a whole is affected.

Microscopic cultural studies researchers prefer to interpret what is going on in the world immediately around them. Many of them find the social world an endlessly fascinating place. They are intrigued by the mundane, the seemingly trivial, the routine. They view our experience of everyday life and of reality itself as an artificial social construction that we somehow maintain with only occasional minor breakdowns. They want to know what happens when mass media are incorporated into the routines of daily life and play an essential role in shaping our experience of the social world.

 

CRITICAL THEORY

Theories openly espousing certain values and using these values to evaluate and criticize the status quo, providing alternate ways of interpreting the social role of mass media.

Critical theory often analyzes specific social institutions, probing the extent to which valued objectives are sought and achieved. Mass media and the mass culture they promote have become a focus for critical theory. Critical researchers link mass media and mass culture to a variety of social problems.

Strengths Weaknesses
1. Is politically based, action-oriented

2. Uses theory and research to plan change in the real world

3. Asks big, important questions about media control and ownership

1. Is too political; call to action is too subjective

2. Typically lacks scientific verification; based on subjective observation

3. When subjected to scientific verification, often employs innovative but controversial research methods

COMPARING CULTURAL THEORIES WITH THOSE BASED ON EMPIRICAL RESEARCH

Cultural studies and political economy theorists employ a broad range of research methods and theory-generation strategies, including some that are unsystematic and selective. As a result, critics believe that personal biases and interests inevitably motivate culture researchers and affect the outcome of their work. But, argue cultural theory’s defenders, this is acceptable as long as researchers openly acknowledge those biases or interests.

Qualitative methods Research methods that highlight essential differences (distinctive qualities) in phenomena

THE RISE OF CULTURAL THEORIES IN EUROPE

In Europe, the development of grand social theory remained a central concern in the social sciences and humanities after World War II. Mass society theory gave way to a succession of alternate schools of thought. Some were limited to specific nations or specific academic disciplines or even certain universities. Others achieved widespread interest and acceptance. Most were not theories of media—they were theories of society offering observations about media and their place in society or the lives of individuals. Some of the most widely accepted were based on the writings of Karl Marx. Marxist theory influenced even the theories created in reaction against it. Marx’s ideas formed a foundation or touchstone for much post–World War II European social theory.

Grand social theories Highly ambitious, macroscopic, speculative theories that attempt to understand and predict important trends in culture and society

Marxist theory Theory arguing that the hierarchical class system is at the root of all social problems and must be ended by a revolution of the proletariat

Base (or substructure) of society In Marxist theory, the means of production superstructure In Marxist theory, a society’s culture

Ideology In Marxist theory, ideas present in a culture that mislead average people and encourage them to act against their own interests

Cultural Studies Theory

Strengths Weaknesses
1. Provides focus on how individuals develop their understanding of the social world

2. Asks big, important questions about the role of media

3. Respects content consumption abilities of audience members

1. Has little explanatory power at the macroscopic level

2. Focuses too narrowly on individual compared with societal effects

3. Typically lacks scientific verification; is based on subjective observation

4. When subjected to scientific verification, often employs nontraditional (controversial) research methods

High culture Set of cultural artifacts including music, art, literature, and poetry that humanists judge to have the highest value

Culture industries Mass media that turn high culture and folk culture into commodities sold for profit

POLITICAL ECONOMY THEORY

Political economy theorists study elite control of economic institutions, such as banks and stock markets, and then try to show how this control affects many other social institutions, including the mass media (Murdock, 1989a). In certain respects, political economists accept the classic Marxist assumption that the base dominates the superstructure. They investigate the means of production by looking at economic institutions, expecting to find that these institutions shape media to suit their interests and purposes. Political economists have examined how economic constraints limit or bias the forms of mass culture produced and distributed through the media. Political economists have examined how economic constraints limit or bias the forms of mass culture produced and distributed through the media.

During the past four decades, compared to cultural studies theorists, political economy theorists have worked in relative obscurity.

CULTURAL STUDIES: TRANSMISSIONAL VERSUS RITUAL PERSPECTIVES

Transmissional perspective View of mass communication as merely the process of transmitting messages from a distance for the purpose of control

Ritual Perspective View of mass communication as the representation of shared belief where reality is produced, maintained, repaired, and transformed

Multiple points of access Idea that some people make interpretations at one level of meaning, whereas others make their interpretations at others

MARSHALL MCLUHAN: THE MEDIUM IS THE MESSAGE AND THE MASSAGE

McLuhan drew on critical cultural theories such as political economy theory to develop his perspective, his work was rejected by political economists because it failed to provide a basis on which to produce positive social change. McLuhan had no links to any political or social movements. He seemed ready to accept whatever changes were dictated by and inherent in communications technology. Because he argued that technology inevitably causes specific changes in how people think, in how society is structured, and in the forms of culture that are created, McLuhan was a technological determinist.

HAROLD INNIS: THE BIAS OF COMMUNICATION Harold

Innis was one of the first scholars to systematically speculate at length about the possible linkages between communication media and the various forms of social structure found at certain points in history. In Empire and Communication (1950) and The Bias of Communication (1951), he argued that the early empires of Egypt, Greece, and Rome were based on elite control of the written word. He contrasted these empires with earlier social orders dependent on the spoken word. Innis maintained that before elite discovery of the written word, dialogue was the dominant mode of public discourse and political authority was much more diffuse.

Bias of communication Innis’s idea that communication technology makes centralization of power inevitable

MCLUHAN: UNDERSTANDING MEDIA

The medium is the message McLuhan’s idea that new forms of media transform our experience of ourselves and our society, and this influence is ultimately more important than the content of specific messages

Global village McLuhan’s conception of a new form of social organization emerging as instantaneous electronic media tie the entire world into one great social, political, and cultural system

 

 

 

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NORMATIVE THEORIES OF MASS COMMUNICATION (Review)

Chapter#5: NORMATIVE THEORIES OF MASS COMMUNICATION

During the era of yellow journalism, most media professionals cared very little for the niceties of accuracy, objectivity, and public sensitivities. But in the first decades of the twentieth century, a crusade began among some media industry people and various social elites to clean up the media and make them more respectable and credible. The watchword of this crusade was professionalism, and its goal was elimination of shoddy and irresponsible content. Some sort of theory was needed to guide this task of media reform. The goal of this theory would be to answer questions such as these:

  • Should media do something more than merely distribute whatever content will earn them the greatest profits in the shortest time?
  • Are there some essential public services that media should provide even if no immediate profits can be earned?
  • Should media become involved in identifying and solving social problems?
  • Is it necessary or advisable that media serve as watchdogs and protect consumers against business fraud and corrupt bureaucrats?
  • What should we expect media to do for us in times of crisis?

Radical Libertarianism: The absolute belief in Libertarianism’s faith in a good and rational public and totally unregulated media.

THE ORIGIN OF NORMATIVE THEORIES OF MEDIA

First Amendment absolutists Those who believe in the strictest sense that media should be completely unregulated.

Technocratic control direct regulation of media, most often by government agency or commission.

Social responsibility theory A normative theory that substitutes media industry and public responsibility for total media freedom on the one hand and for external control on the other.

THE ORIGIN OF LIBERTARIAN THOUGHT

Authoritarian theory A normative theory that places all forms of communication under the control of a governing elite or authorities.

Self-righting principle Milton’s idea that in a fair debate, good and truthful arguments will win out over lies and deceit.

John Keane (1991) identified three fundamental concepts underpinning the Founders’ belief in press freedom:

  1. Theology: media should serve as a forum allowing people to deduce between good and evil.
  2. Individual rights: press freedom is the strongest, if not the only, guarantee of liberty from political elites.
  3. Attainment of truth: falsehoods must be countered; ideas must be challenged and tested or they will become dogma.

THE MARKETPLACE OF IDEAS: A NEW FORM OF RADICAL LIBERTARIANISM

Marketplace of ideas In Libertarianism, the notion that all ideas should be put before the public, and the public will choose the best from that “marketplace”.

Laissez-faire doctrine The idea that government shall allow business to operate freely and without official intrusion

GOVERNMENT REGULATION OF MEDIA

During the 1920s and 1930s, a new normative theory of mass communication began to emerge that rejected both radical Libertarianism and technocratic control.

PROFESSIONALIZATION OF JOURNALISM

Fourth Estate Media as an independent social institution that ensures that other institutions serve the public.

SOCIAL RESPONSIBILITY THEORY

Despite little revamping or reexamination, social responsibility theory remains the normative theory guiding most media operation in the United States today. But recent changes in media technology and world politics make it reasonable to reassess social responsibility theory’s usefulness as currently applied. New media such as niche cable channels and LPFM are available to ethnic or other minority groups at low cost, and the Internet has made it possible for even the smallest groups to enter their voices into the marketplace of ideas. But some critics see the rise of many such small groups as a Balkanization of the larger U.S. culture. Before we can judge the validity of this worry, however, the normative theory on which our media system is grounded must be reformulated, especially given technological and economic changes reshaping the media. This will require a critical reexamination of social responsibility theory and careful consideration of alternatives.

Alternative normative theories, however, already exist, although they may not be a good fit for our political and social system. Developmental media theory advocates media support for an existing political regime in its efforts to foster national economic development. Democratic participant theory advocates media support for grassroots cultural pluralism. Hachten offered five concepts:

(1) Western, combining Libertarian and social responsibility ideals;

(2) Development, something akin to developmental media theory;

(3) Revolutionary, in which the people and media professionals use mass media to challenge an existing regime; and

(4) Authoritarian and

(5) Communism, in which media serve the dictates of those in power. Recently, however, there have been calls for a less category-based and more flexible approach to normative theories, a transitional media approach to evaluating a given society’s media system.

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Theory & Different Basic Mass Communication Theories

Mass Communication Theory Foundations, Ferment, and Future

Review of Chaper 1:

DEFINING AND REDEFINING MASS COMMUNICATION

When an organization (Source) employs  a technology as a medium to communicate with a large audience, mass communication is said to have occurred.

SCIENCE AND HUMAN BEHAVIOR

Implementation of the scientific method is difficult for those studying the social world for four reasons:

Most of the significant and interesting forms of human behavior are quite difficult to measure. How do we measure something like civic duty? Should we count the incidence of voting? Maybe a person’s decision not to vote is her personal expression of that duty. Try something a little easier, like measuring aggression in a television violence study. Can aggression be measured by counting how many times a child hits a rubber doll? Is gossiping about a neighbor an aggressive act? How do we measure an attitude (a predisposition to do something rather than an observable action)? What is three pounds of tendency to hold conservative political views or sixteen point seven millimeters of patriotism?

Human behavior is exceedingly complex. Human behavior does not easily lend itself to causal description. It is easy to identify a single factor that causes water to boil. But it has proved impossible to isolate single factors that serve as the exclusive cause of important actions of human behavior. Human behavior may simply be too complex to allow scientists to ever fully untangle the different factors that combine to cause observable actions.

Humans have goals and are self-reflexive. We do not always behave in response to something that has happened; very often we act in response to something we hope or expect will happen. Moreover, we constantly revise our goals and make highly subjective determinations about their potential for success or failure.

We want to know how things work, what makes things happen. As much as we might like to be thrilled by horror movies or science fiction films in which physical laws are continually violated, we trust the operation of these laws in our daily lives. But we often resent causal statements when they are applied to ourselves.

DEFINING THEORY

Theory Any organized set of concepts, explanations, and principles of some aspect of human experience.

POSTPOSITIVIST THEORY

This theory is based on empirical observation guided by the scientific method, but it recognizes that humans and human behavior are not as constant as elements of the physical world. The goals of postpositivist theory are explanation, prediction, and control (and in this you can see the connection between this kind of social science and the physical sciences).

HERMENEUTIC THEORY

hermeneutic theory is the study of understanding, especially through the systematic interpretation of actions or texts. Hermeneutics originally began as the study or interpretation of the Bible and other sacred works. As it evolved over the last two centuries, it maintained its commitment to the examination of “objectifications of the mind”

CRITICAL THEORY

Critical theory is openly political (therefore its axiology is aggressively value-laden). It assumes that by reorganizing society, we can give priority to the most important human values. Critical theorists study inequality and oppression. Their theories do more than observe, describe, or interpret; they criticize. Critical theories view “media as sites of (and weapons in) struggles over social, economic, symbolic, and political power (as well as struggles over control of, and access to, the media themselves)”. Critical theory’s epistemology argues that knowledge is advanced only when it serves to free people and communities from the influence of those more powerful than themselves. Its ontology, however, is a bit more complex.

NORMATIVE THEORY

Theory explaining how a media system should operate in order to conform to or realize a set of ideal social values.

EVALUATING THEORY

“No theory is good unless it permits, not rest, but the greatest work. No theory is good except on condition that one uses it to go on beyond”. In other words, good theory pushes, advances, improves the social world. There are some specific ways, however, to judge the value of the many theories.

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judiciary organization, function and power

Explain judiciary and the rule of law, organization of judiciary, its function and power.

The Judiciary:

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.

Read more about: Salient Feature of the 1973 Constitution of Pakistan

The Rule of Law:

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.

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Salient Feature of the 1973 Constitution of Pakistan

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.

2)    Flexibility

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.

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Types and Examples of Collective Behaviour

What is collective behaviour? Discuss different types and examples of collective behaviour. Also narrate theoretical approaches to the study of collective behaviour.

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:

  1. Individuals perceive an immediate and severe danger to life, financial security, social status and so on.
  2. 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.
  3. 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.
  4. 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.

Contagion Theory

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.

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