Decultralization and Education Essay Example | Topics and Well Written Essays - 750 words

Decultralization and Education - Essay Example Such group of students advocates for inclusion into the education system or may go a head to start their own system. The families that have been affected by the government schooling system have often sought alternative means in private institutions. Springs notes that Catholic schooling provided opportunities for the minorities who found public school unfriendly. This paper explores the work of spring in describing the education system of American society. Spring (57), has noted in his book that dominant culture in the United States of America has played a significant role in dictating education policies in United States of America. Dominant cultures or races in the United States have affected the education policies. Some student from minority groups finds it difficult to study in an environment that seems to segregate against them. Spring describes post racial society as one, which does to harbor any segregation or discriminatory traits. This seems not to be the case in America. Man y communities that live in America come from diverse backgrounds and cultures. The society should admit them the way they are and accept the presence of their children in schools without discrimination of any nature. The statement is contrary to what Spring points out in his book. He described the discrimination of the minority students in America public institutions. Post racial society contributes toward such for equality because of the inclination that many communities take towards advocating for common policies that would include members of diverse community. The blacks, whites and the Indians learn in the same institutions and would advocate for policies that give each of the communities an equal space in school. Native cultures of the American played a role in shaping the education system in 19th and 20th century. For examples, the Indians schools promoted the Indian cultures and were less friendly to the non-Indian students. Introduction of policies during the tenure of Presi dent Roosevelt provided an opportunity for creating a learning environment for students from diverse cultures. A senate sub committee of education noted the problems that student of minority cultures face in schools and came up with policies that aim at protecting them. Largely, the championing of the deculturalization by the rights activists has contributed in changing discrimination in schools. Entrenching of the non-discriminatory act has contributed towards stumping the retrogressive policies that promoted discrimination in schools. The democratic space that the society has provides a means of channeling critical issues for discussion. Incorporation of the government policies in education system of United States of America stumped out the dominant cultural policies that inhibited the democratic space in schools. The changes in the education system of United States have occurred due to respect to human rights as documented in the constitution. Legislation of the land provides an equal opportunity for people of diverse culture to pursue their interest without interference. Respect for human rights dictated the actions of people in the society. This legislation has promoted equality in public schools and has worked towards changing the treatment of the minority in schools. Teachers and students have shaped their reactions towards the minority or the less dominant groups in school based on this piece of legislations. Court cases against discrimination

Legal Decision Making Case Study Example | Topics and Well Written Essays - 1000 words

Legal Decision Making - Case Study Example Prosecution for crimes is always conducted in the name of the state; the case being styled as State versus the name of the defendant. The prosecutor has a duty of establishing the guilt of the accused beyond any reasonable doubt. A crime usually includes offences like rape, robbery, murder, theft etc where the penalty for these cases ranges from hanging to fine. On the other hand, civil law concerns the violation of private rights belonging to an individual in his capacity as an individual for example refusing to pay a loan or defaming someone. Unlike criminal cases, the proceedings in civil cases are instituted in the court of law by the plaintiff himself and the burden of proving his claim rests on him. If the plaintiff succeeds in a civil action, the defendant will be ordered by the court to compensate him by paying damages. 2 Although there are already written consequences a person who has been proved guilty is subjected to, the decision of cases varies on the argument of both the defendant and the plaintiff in case of civil case; and in case of a criminal case, and outcome of the case depends on the argument of the prosecutor and the accused. For this case, the judgement of each particular case depends on the uniqueness a particular case. It happens that cases that are similar in nature, t... A contract is usually defined as an agreement between two or more persons which is intended to create legally binding obligations. The word binding is used for there are some contracts which are valid but are not enforceable in a court of law. There are already predetermined consequences that follow suit in case on breaches a contract but it does not mean that all those who breach a law of contract will be subject to the same consequence. The outcome of the case will depend on the uniqueness of a particular case. 3 One of essentials of a valid contract is that a contract is created with an intention of creating a legal relation. Agreements of a purely domestic or social nature are generally not enforceable contracts. Whether or not the parties intended to create legal relations is a question of fact to be inferred from all the circumstances of a case. For example in a case between Balfour vs. Balfour held in 1919. In this case, the defendant was civil servant in Ceylon. While he and his wife were on leave in England, it became apparent that because of ill-health, the wife would not be able to return to Ceylon. The husband promised to pay her thirty pounds a month whilst forced to live apart. He failed to pay, and his wife sued on the contract. It was held that the husband was not liable because there was no necessary implication from the circumstances of the parties that they intended to make a legally binding contract. It was more like a domestic arrangement between husband and wife rather tha n a contract. (Penrose, 2005) On the other hand, if on examining the facts of a family agreement, the court reaches the conclusion that legal relations can be inferred, the contract will be enforced. For example, a case held between Simpkins vs. Pays in 1955. In this