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Table of Contents Table of Contents


ART CULTURE
General Concepts General Concepts
Theories on What is Art Cultural Identity Frameworks
Theories on Interpreting Art - Cosmopolitanism
Anti - Art - Post Colonialism
Art and Politics - Orientalism
Art and Funding - Hybridity
Art as a Market Cultural Appropriation
Art and Intellectual Property Language
Museums and Heritage Sites
BUSINESS AND LABOR Tourism
Corporations Popular Culture
Corporate Liability
Outsourcing/Subcontracting DEVELOPMENT
Controversial Employment Practices Neo - Liberalism
- Contractualization State Side Economics
- Child Labor Theories on Modernisation
- Minimum Wage Privatization
- Zero Hour Contracts Development Approaches
Unions Development Interventions
Corporate Governance/Ethics - Development Aid
Corporate Social Responsibility - NGOs/Charities
Advertising - Microfinance
- Cash Transfers
CRIME AND PUNISHMENT - Universal Basic Income
General Concepts Other Development Issues
Criminal Liability - Gentrification
Theories on Crime/Punishment - Indigenous Land Rights
- Broken Windows
- Bystander Effect ECONOMICS
- Signal Crimes Fiscal Policies
Criminal Justice System Monetary Policies
Criminal Procedure Case Studies
Criminal Sentencing - The Great Depression
Prison - 1997 Asian Financial Crisis
Rape Shield Laws - 2008 Financial Crisis
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Education
Environment
Gender
Health
IR/GeoPol
Philippine Issues
Religion
Rights
Science
Sports
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Art Case Study: Piss Christ


- 1987 photograph by Andres Serrano
GENERAL CONCEPTS - Depicts a small plastic crucifix
Defining Art submerged in glass of the artist’s urine
- Expression/application of human - Funded by National Endowment for the
creative skill and imagination Arts, a government program
- Examination of perceptual awareness - Controversial for subject matter, leading
and expansion of awareness of the to widespread protests and threats
world around us (Robert Irwin) against the artists

The Purposes of Art Is Piss Christ Art?


- Often overlapping, depending on the - Form/Material: Used Cibachrome, a
context glossy but difficult medium
- Can be classified into three categories: - Content: According to Serrano, not
- Physical: To perform a function or meant to denounce religion but its
service (e.g. industrial design) commercialization
- Personal: To be used for personal - Context: Artist’s ties to Spanish
expression or gratification tradition of art, “which can be both
- Social: To address aspects of violent and beautiful”
collective life (e.g. political art) - Has precedents in Goya, considered a
Great Master, whose works had
THEORIES ON WHAT IS ART violent and ugly scenes, i.e. Saturn
What It Is Criticisms Devouring One of His Sons depicting
Assumes cannibalistic infanticide
shared beliefs;
A gathering does not THEORIES ON INTERPRETING ART
Art as Ritual guided by account for art
certain aims meant to What It Is Criticism
shock and
offend Art expresses See Death of
complex the Author
Taste arbiters Cognitive thoughts, such
open to Theory as the artist’s
indoctrination life, situating it
Art as a Consensus on and excludes into a context
Matter of a those not
Taste standard considered to Artists need
be arbiters, i.e. not have the
minorities and feeling to
Art expresses
the masses Expression express it, may
emotions and
Theory not have the
feelings
Beauty based Does not same feelings
on senses, consider throughout the
Art as
grounded on artwork not work’s creation
Aesthetics
harmony of typically
faculties beautiful The art and the See Cognitive
artist are Theory
Death of the
unrelated;
Author
Three Prong Analysis imposes a limit
- Formal and material properties on the artwork

- Content (thought or meaning)


- Context
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ANTI-ART - In the Context of State Propaganda
- Array of concepts that reject prior - Monuments
definitions of art and reject art in - Propaganda posters (Uncle Sam, etc)
general
- Has roots in: Art Styles as Political Tools
- Dadaism, which rejected conformity - Surrealism: Had leftist, communist and
in arts and in society anarchist slants
- Surrealism, which had leftist and - Socialist Realism: Depicted communist
anarchist slants values, such as the emancipation of the
- Examples: proletariat, in a realistic manner. Was
- Fountain, a porcelain urinal created by the Soviet Union to educate
- LHOOQ, a postcard of the Mona Lisa citizens
with a moustache drawn over - Abstract Expressionism: Funded by
the CIA, particularly the works of
Reasons Jackson Pollock, to counter-act Socialist
- Conception of art is not universal but Realism
peculiar to Europe
- Art is a bourgeois ideology, has origins ART AND FUNDING
in capitalism Why Fund Art?
- Rejection of standards in art - Economic Drivers: Create jobs and
produce revenue, as in tourism, creative
Is Anti-Art Art? industries (crafts, NGOs), etc.
- Essence of anti-art is to reject art - $504 billion (3.2%) of GDP in 2011
- But some works have been - 905 000 creative businesses
appropriated as art and collected in art employing 3.35 million workers
institutions - Attracts 129.6 million cultural tourists
- Example: Guy Debord, who prided spending $171 billion yearly
himself on deserving universal hatred, - Enhances property values
regarded by France as a national - Educational Assets: Cultivate creativity
treasure and other skills
- Health and Wellness: Aids in recovery
ART AND POLITICS process, i.e. therapy for PTSD
Examples - Cultural Heritage
- In the Context of Social Movements
- Spoliarium: Won top awards in the State Funding
Madrid Expo, proved Filipino equality - In the US (2014): $306.6M or 0.037% of
- Guerrilla Girls: Used posters to state general fund expenditures
question underrepresentation of art in - General trend of reductions: in UK, cut
women from 472M (2012) to 451M (2014); in
- Note on Gender and Art: Less US, two states (Kansas and Arizona) did
than 3% of artists in the not fund arts at all
Metropolitan Museum are female, - Only 26% of funding for rural
but 83% of nudes are women communities, but 17% of population is
rural
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Private Funding How Do Artists Profit?
- 2013: British Museum received - Damien Hirst: Commands a 2.2 acre
government grant of 43.9M but raised studio complex where as many as 150
more than twice the sum from donors employees carry his instructions
- Tendency to be highly concentrated: - Takashi Murakami: Commercializes his
2.1% of grants accounted for 46.4% of art as merchandise using his own
total donations company
- Highly fluctuates: decline of 17.5% in - Andy Warhol: Left estate of $100
investments million using pop art; often regarded as
- Often end up being displayed in private important figure in postmodernism
galleries or exhibits
How Is Art Priced?
Context Study: Sponsorships - No real basis, mostly perception
- See Museums and Heritage Sites under - Open to manipulation: art dealers
Culture sometimes buy solely to sell forward at
- British Museum’s sponsors include BP, a profit. Buyer anonymity in auctions
Morgan Stanley and Goldman Sachs, all prevents checks and balances
of which are/were facing controversy
- Gwanju Biennale’s sponsor, the city ART AND INTELLECTUAL PROPERTY
government, censored a work Intellectual Property Protection
- Two Arguments For What Expiration
- Art is compromised if the financing is
Original,
unethical, as in tobacco companies Life of the
creative works
- Sponsors want exhibits that are Copyright
in a tangible
author plus
seventy years
popular, see such as part of branding, form, not ideas
hence encouraging self-censorship Trademark Branding In perpetuity

Inventions, Twenty years


ART AS A MARKET Patent processes and after the patent
Art as a Luxury Good methods is issued
- Pablo Picasso’s Nude, Green Leaves
and Bust sold for $106.5 million, the Fair Use
most expensive painting in history - Permits limited use of copyright
- Trend of art being used as reserve material without acquiring permission
currency; bought and sold as assets from rights holders
- Money managers launch art funds - Important for purposes of education,
- Why? Seen as having significant parody, derivative works i.e. sampling in
aesthetic value, but also as an hip-hop
alternative to trading in currency
Test for Fair Use
How Do Art Galleries Profit? - Purpose and character of the use
- Take as much as 60 percent of the - Nature of the copyrighted work
artwork’s selling price excluding - Amount and sustainability of the
framing, gallery costs copyright work that is used
- Why? Galleries attract more people and - Effect upon the value of the work
hence make sales more likely
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- Dissenting Arguments
Business and Labor - First Amendment protects
CORPORATIONS individual self-expression;
Defining Corporations corporate spending should be
- Company or group of people viewed as a transaction for profit
authorized to act as a single entity - Corporations unfairly influence
- Classified according to whether they are using vast sums of money that only
for profit; and/or whether they can issue a few individuals can match,
stocks distorting public debate
- Have legal personality and are owned - Does not protect individual
by shareholders, whose liabilities are shareholders who might end up
limited only to the extent of their funding opposing views
investment - Possibility of corruption
- Shareholders do not necessarily
manage the corporation, as they CORPORATE LIABILITY
typically appoint or elect a Board of Types of Liability - N.M.E
Directors to do so
When It Applies

Corporate Personhood Conduct that amounts


- Recognized as juridical persons, i.e. to a crime. e.g. fraud.
Can either be directly
entities that have some of the legal committed by
Criminal Liability
rights and responsibilities given to corporations or
committed by officers in
natural persons (humans)
behalf of the
- Reason: Corporations are composed of corporation
people, and people should not be
Liability of
deprived of their rights just because manufacturers for
they act collectively Strict Liability
injuries that defective
- Implications products cause. No
need to prove fault or
- Allows corporations to sue/be sued negligence
- Simplifies taxation, regulations and
Liability of employers
other transactions that otherwise for acts committed by
involves many people Vicarious Liability their employees in the
- Protects individual shareholder rights performance of their
duty
- Protects right of association
Labor cases, acts
Other Forms of
prohibited but not
Case Study: Citizens United v FEC Liability
crimes, etc.
- Citizens United wanted to air an ad
critical of Hillary Clinton, violating the
When Corporate Officers are Liable
Bipartisan Campaign Reform Act which - General Rule: Liabilities incurred by
banned corporations from doing so
corporations does not make officers
- The Court struck down the provision
liable
- Why? Free speech extends to - Exception: If the corporate officer
associations and does not allow - Assents to the unlawful act, or was
prohibitions based on identity of the
guilty of gross negligence or bad faith
speaker. Hence corporations apply - Must be clearly proven
8
Tests for Corporate Criminal Liability - As a general rule, principal is not liable
When It Applies for acts committed by subcontractor
except for failure to pay wages
When an individual
commits all the
- But only to the extent of the worked
elements of the crime performed under the contract
Identification Test
and the person can be
seen as the controlling
Labor - Only Contracting
mind of the corporation
- Occurs when:
When all the elements
of the crime are
- Contractor does not have substantial
Aggregation Test committed by various capital/investment and performs
employees though not activities directly related to the
in a single mind
business of the principal, or when
When policies and - Principal, not contractor, has the
structures lead to the
actual power to control employees
Blameworthiness Test corporation not taking
precautions to prevent - Makes principal liable as if he is the
the crime direct employer of the employees
When the company
Benefit Test
benefits from the act Facts and Figures
- 2000s: US MNCs cut work forces in the
Piercing the Corporate Veil US by 2.9 million while increasing
- Legal decision to treat the liabilities of overseas employment by 2.4 million
corporations as if they are liabilities of - Reduced middle class, seen as driving
the shareholders; hence shareholders force of the US economy
will be held liable - Global electronics manufacturing
- Applies where the company is only industry expected to be $426 billion
being set up for fraudulent purposes, or - Primarily driven by labor costs, though
where it is established to avoid an gap between US and China is as small
existing obligation as 16%, and taxes
- BPOs generated $28.5 billion in 2014
OUTSOURCING/SUBCONTRACTING - Reputation conscious companies had
General Concepts 35% working violations than generic
- Occurs when a principal contracts out or brands
outsources the performance of a task to
another company Case Study 1: Nike
- Trilateral relationship among three - Since 1998, has been observing US air
parties: pollution standards worldwide
- Principal, who subcontracts the work - 2009: Set up a model factory in Sri
and is the indirect employer of the Lanka, signed long-term agreements
contractor’s employees with factories since changes make
- Subcontractor, who accepts the work suppliers less productive at first
and is the direct employer of the - Effective in Mexico, where only 10%
contractor’s employees quit per year, but not China, where 10%
- Employee quit every month
- Why? Mexico had unions and NGOs,
China did not have any
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Case Study 2: Wal - Mart CONTROVERSIAL EMPLOYMENT
- Fire inside Tazreen garment factory in PRACTICES
Bangladesh left 112 people dead Kinds of Employees (Non - Regular)
- Wal Mart responsible for 60% of the Description/
clothing produced there, but never Requisites
actually placed an order with Tazreen; in Only employed for a
Seasonal
fact, marked the factory as unsafe and specific season
banned it as a supplier For a period up to six
- How? Wal Mart hired a mega supplier Probationary
months, after which can
(Success Apparel) that hired Simco, be dismissed if did not
meet standards
which then subcontracted the orders
to Tazreen’s parent company without Only for a specific
Project project, with a fixed
telling Success or Wal - Mart term
- Aftermath: Wal Mart sourced
For a fixed term, as
production back to Li & Fung - another long as the agreement
mega-supplier with 15 000 supplier Contractual was freely and willingly
factories, some of which also had fires agreed upon under
equal bargaining terms
and stampedes among others
Performs functions not
necessary or desirable
Mega - Suppliers Casual
to the business of the
- Conglomerates that coordinate employer
factories for retailers Note: As a general rule, all employees
- Reason: Fast-fashion, i.e. constant have security of tenure; hence, cannot be
demand, means retailers cannot rely on fired without a just or authorised cause
the same suppliers
- Business model is organized to keep Termination of Employment
retailers away from factories, so that the - Just Causes
former will not directly deal with the - Serious misconduct or willful
latter. disobedience
- Often also do not know which factories - Gross and habitual neglect
the orders end up in (See Case Study 2) - Fraud or willful breach of trust
- Commission of a crime or offence
Outsourcing by Generic Brands - Authorized Causes
- Trend towards greater demand for - Retrenchment
cheap and undifferentiated goods, - Closure of business
which are made with low standards - Redundancy
- Why? Fastest-growing demand is in - Disease where continued
developing countries which do not employment is prejudicial to the
have strict laws, i.e. China and Brazil, worker’s health or to co-employees
or do not face public pressure
- Ex: Timber companies in Gabon ship Contractualization
80% of logs to China and India, cut - Repeatedly using temporary workers for
thrice as many logs as before since periods not exceeding five months
orders are now about quantity rather - Often used as a disguise for labor only
than quality contracting
10
- Examples Minimum Wage
- PAL: Fired 2,600 regular employees - How Computed (Philippines)
and rehired as contractual - Set by regional wage boards
- SM: 92% of workers are contractual following guidelines set by the
- 2010: Carried out by 10.4% of firms; 2/3 national wage board; hence varies
of Filipino firms carry out some form of per region
non-regular employment - Highest: Php 444 in NCR
- Often carried out with contracting - Lowest: Php 250 in ARMM
agencies or subcontractors - Determined after consultation with
- Effects employers and unions
- Lack of job security - Basis: Cost of a “basket of goods”
- Lower wages compared to regular that can feed a family
workers, no overtime or vacation pay
- Generally excluded from Collective Case Study: US (Facts and Figures)
Bargaining Agreements between - Currently at $7.25/hour; lost about 8.1%
employers and unions of purchasing power to inflation
- Weakens unions, as contractual - 3 million workers at or below minimum
employees are not allowed to join wage (2.3% of all workers), 48% of
which are 16 to 24
Child Labor - 89% of possible beneficiaries are 20
- Causes and older; 56% are women
- Poverty - Food service industry biggest employer
- Lack of meaningful alternatives such of near-minimum wage workers
as access to education - Republicans claim that increasing
- Cultural beliefs such as character minimum wage can lead to 500 000
building fewer jobs, or the increase of costs i.e.
- Growth of informal economies restaurants increasing prices by 5%
- Facts and Figures - Research indicates minimum wages
- Working children contribute as much have no discernible effect on
as 25% to 40% of household income employment, as the cost is small
- 168 million child laborers worldwide, compared to operational costs and is
most of which are aged 5 to 11 offset by higher productivity and lower
- More than half of all child labourers turnover
(85 million) are engaged in hazardous - Negligible impact on the economy: if
work, such as using heavy equipment 100% of the wage increases was spent,
- Primarily engaged in agriculture and would only amount to 1.25% of GDP
the informal economy - But might nonetheless increase
- Examples spending power and stimulate
- Cocoa Production: BBC reported use consumption
of child slaves in Ivory Coast - Claim that minimum wage leads to
- Mining: 40% of all miners in Chinese inflation, as it leads to corresponding
owned mining companies in Congo; price increases
exposed to hazardous conditions - But wage increases are marginal;
and substances such as mercury reduce profit margins but not enough
- Bangladesh: In factories of H&M, Zara to increase prices
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Zero Hour Contracts Bargaining Increases Leads to
- Contracts where employers have the Power of bargaining monopolistic
Unions power domination
discretion of varying the employee’s
working hours Prevents Denies non
- Employee is on call but only receives discrimination union workers
against union equal
compensation for hours worked members opportunities
- Spread widely in the UK after the global for
employment
financial crisis; commonly used in
agriculture and food services Effect to Prevents non Interferes with
- 60% of people in zero hour contracts Workers union workers individual
from enjoying liberty
report being satisfied benefits
- However, of doubtful legality as they without sharing
obligations
compromise expectations for stable
income Enables labor Can be used
- Open to exploitation as may be denied orgs to better as extortion by
facilitate unscrupulous
work for any reason agreements; union leaders;
creates allows union to
UNIONS harmonious charge high
relations rates
Models/Shop Types
- Closed Shop: Employers only hire
people who are already union members Collective Bargaining Agreements
- Banned in most countries - Legally binding contract between
- Union Shop: Employers require new employer and union setting terms and
employees to join the union conditions for employment
- Note: In the Philippines, members of - Requires the union/bargaining agent to
the INC are exempted from this have the power to represent the
requirement as their religion forbids majority as a precondition
them from joining such unions
- In general, cannot go below minimum
- Agency Shop: Require non-union terms and conditions set by the law
employees to pay a fee to the union for
- In general, lead to better terms for
services in negotiating contracts union workers
- Open Shop: Does not require union - Countries such as Finland and
membership in employing or Sweden do not have minimum wage
keepingworkers laws, set wages with collective
bargaining instead
Union Security Agreement
- In US, weekly income for union
- Contractual agreements that determine workers was at $917 compared to
the extent to which the union may $717 for non union
compel employees to join, may collect
- However, annual union dues start at
fees, or may have the power to ask the $200 and go as high as several hundred
employer to dismiss employees dollars, partially offsetting benefits

Issue Advantage Disadvantage

Strikes
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- Temporary stoppage of work by Conceptual Frameworks
employees; distinguished from a Shareholder Stakeholder
lockout where it is the employer that
Also to other
refuses to allow employees to work stakeholders
Obligation of Solely to
such as
a Corporation maximize profit
Requirements for a Legal Strike communities,
- Grounds workers, etc.

- Collective bargaining deadlock Corporations


Corporations
- Unfair labor practice, such as union are agents of
share holders;
are also
busting or discrimination people buy
accountable to
other actors;
- Procedure shares for no
corporations
- Must be approved by a majority vote Rationale other purpose
than profit,
that manage
of the members of the Union hence the
relationships
have a greater
- Must be reported to the government obligation to
chance of
return on
7 days before the strike survival
investments
- Note: Strikes do not need to be last
Pressure to
resorts, as they do not necessarily meet goals Focuses on
require prior arbitration or a court means focus long term
Focus
decision on short-term decisions and
gains and risky investments
decisions
Unions and Politics
- Unions have considerable influence as
Industrial Democracy
lobbyists; have led to safer working
- Arrangement which involves workers
conditions and higher wages in the past
sharing responsibility and authority in
- In the US, political spending by
the workplace
unions totalled $4.4 billion from 2005
- Can take the form of decision making
to 2011, via campaign contributions
structures such as the formation of
- In the Philippines, regular fare hikes
committees and consultative bodies
attributed to transport unions
- But not always effective - Example: German Mitbestimmung
- Failed to recall Gov. Scott Walker of - By law, companies with over 2000
employees must have worker
Wisconsin, whose budget plan
representatives comprise half of their
limited collective bargaining for
supervisory boards of directors
government employees
- Supervisory board sets company’s
general agenda, and then elects a
Violence Against Labor Unions
management board for the day to
- 1996: Isidro Gil, a union leader, shot
day running of the company
dead at a Coca Cola bottling plant in
- Worker representative in the board of
Colombia
directors as HR representative; also
- 1928: The Banana Massacre, where as
has worker committees
many as 2,000 workers who went on
- Often high risk, high return: creates
strike were killed
higher forms of engagement, but prone
to biases
CORPORATE GOVERNANCE/ETHICS
13
- Ex: Voting for leadership positions Case Study 3: Paris Climate Summit
may create a huge bias against - Survey of 10 sponsors, including L’Oreal
external candidates and Air France, revealed that most do
not publish data on CO2 emissions, half
Case Study: Zappos do not track lifetime carbon footprint
- Introduced a holocracy, or a structure and only one reducing emissions in line
where each employee is his or her own with EU targets
leader - Sponsors included natural gas and coal
- 14 percent of the company opted out companies
upon the shift to a holocracy - Average payment of 547, 000 per
- Problems sponsor
- Procedures actually retain hierarchies;
company is organised into Circles ADVERTISING
whose members have the power of Brands
terminating members of Sub-Circles - Old conception was to put a face to
- Lack of structure means workers often products to assure quality,
operate under confusion accountability
- Slowly gave rise to the idea of selling
CORPORATE SOCIAL RESPONSIBILITY lifestyles in response to economic crisis
Case Study 1: McDonald’s in the 1980’s
- Established the Ronald McDonald - Ex: Nike and Pepsi targeting the youth
House Charities, whose primary and associating themselves with what
advocacy is children’s health the youth found to be “cool”
- Present in 57 countries; Houses act as a - Natural incentive to limit choices for the
place to stay for families with public
hospitalized children - Through aggressive invasion of a
- At the same time, accused of region (Starbucks)
contributing to childhood obesity by - By controlling media, i.e. ABC News
running ads targeting children under pressure not to air stories
critical of Disney, its parent company
Case Study 2: Kizhakkambalam - By threatening to pull products
- Nov 2015: Local body elections were contrary to its image, i.e. Wal Mart
won by an organization called Twenty not selling content that is not family
20, sponsored by Kitex friendly
- Goal is to make Kizhakkambalam a - 2004: American Psychological
model village by 2020; have installed Association pinpointed increase in
roads and drinking water projects marketing towards kids as affecting how
- Criticism that Kitex only started kids forge their identities
programs after being caught red-
handed in pollution issues
14
- Examples
Crime and Punishment - Defense of self, of relatives or of
GENERAL CONCEPTS strangers
Characteristics of a Crime - Avoidance of a greater evil
- An act or omission punishable by law - Fulfilment of duty
- Incurred by fault or by negligence - Obedience to a lawful order
- Offends the State but may or may not
offend a private party Exempting Circumstances
- There is a wrong, but no criminal
Crimes vs Torts liability because of a lack of
Crime Tort voluntariness
Affects the Only of private
- Examples
Against
public interest concerns - Insanity
Covers only Any kind of
- Minority
Scope acts punished fault or - Accident
by law negligence - Irresistible Force
Law merely - Uncontrollable Fear
Law punishes repairs the - Lawful Cause
Penalty or corrects the damages
act through
indemnification Insanity as a Defense
- Refers to insanity at the time the crime
CRIMINAL LIABILITY was committed
Requisites - Different from insanity at the time of the
- Evil Act trial, which merely suspends criminal
- Crime is committed proceedings
- Wrong done is the direct and logical - Question of whether the accused is
consequence of the crime insane rests on the judge/jury, but
- Evil Mind guided by the opinions of mental health
- Freedom: Voluntariness of the person professionals
in committing the act - Used in less than 1% of all criminal
- Intelligence: Capacity to know and cases in the US; of those, only
understand the consequences successful 25% of the time
- Intent: Purpose to use a particular - American Psychiatric Association:
means to achieve a result Accused spent as much time or more in
- Distinguished from motive, or the psychiatric institutions than they would
personal reasons behind have in prison had they been found
committing the crime guilty
- Note: In crimes involving culpa, - Mental health resources in prisons are
negligence replaces intent scarce
- Compromise is the Guilty But Mentally
Justifying Circumstances Ill verdict, where the accused is mentally
- No wrong, hence no liability ill but not enough to be relived of
- In general, the act must be a reasonable responsibility
and commensurate response to another - Accused serves sentence after
evil act, or made due to a lawful order undergoing treatment
15
Minority as a Defense Aggravating Circumstances
- In general, accused under the age of - Increase the penalty for the offence
criminal responsibility is exempted - Can arise either from the moral
- Usually subjected to intervention attributes of the offender, his private
programs instead relations with the offended party, or the
- Countries such as UK and the circumstances in the execution of the
Philippines nonetheless allow minors to act
face full penalties if the minor is proven
to be incapable of the wrongfulness of Alternative Circumstances
his conduct - Can exempt, mitigate or aggravate the
- In the Philippines penalty depending on the circumstance
- 15 or Less: Exempted
- Above 15 to 18: Exempted, unless Mitigating Aggravating
acted with discernment
In property
In crimes
crimes;
Mitigating Circumstances Familial
exempting if
against
Relationship persons, e.g.
- There is a wrong but the penalty is theft or
parricide
swindling
decreased because of either a
diminution in the requisites for an evil Intoxication
Not a habitual Habitual
drinker drinker
mind, or respect for the law and/or
remorse and acceptance of punishment If degree of education has a
- Examples Education reasonable connection to the
offense
- Accused is under 18 or over 70
- No intention to commit so grave a
Extinction of Criminal Liability
wrong
- Sufficient provocation or threat - By death of the convict
- Crimes of passion - By service of the sentence
- Voluntary surrender - By amnesty
- Voluntary plea of guilty - By general pardon
- Plea to a lower offense - By prescription or statute of limitations
- In the case of rape, by the marriage of
offended with the offending party
Crimes of Passion
- Committed where the accused commits
Pardon
the act against someone because of a
- Can be by the offended party, or by the
strong impulse
chief executive
- Applies only when arose from lawful
- If by the offended party, only
sentiments, i.e. cannot be invoked for
extinguishes civil liability except in
an act of revenge or against the lover of
crimes against chastity (adultery, etc.)
an illegitimate wife
- In the Philippines: must have been - If by the President, extinguishes criminal
liability
provoked by a prior unlawful act within
- May be conditional or absolute
a reasonable length of time
- Opposed by many women’s groups for - Does not restore the right to vote of
hold office unless stated otherwise
being treated leniently, often in cases of
domestic abuse against women
Amnesty
16
- Usually extended in behalf of certain - Also has a tendency of implicit bias,
classes of persons who are subject to hence disproportionately affecting
trial but not yet convicted minorities

Amnesty Pardon Signal Crime


- Theory contending that fear of crime
To classes of persons Includes any crime,
and people’s risk perceptions are linked
guilty of political exercised individually
offenses to certain crimes
May be exercised If person is already
- Differs according to the crime and
before trial convicted circumstances of the person
As if no crime Relieved from
- Ex: Women more likely to attach
committed consequences but higher signal values to sexual assault
rights not automatically
restored
Bystander Effect
- Refers to cases in which individuals do
Prescription/Statute of Limitations not offer any means of help to a victim
- Specifies the length of time within when other people are present
which to file a suit - Consequence of diffusion of
- Purpose: Accused may have lost responsibility: people less likely to help
evidence required to disprove claims, because they believe someone else will
and to encourage plaintiffs to pursue take responsibility
the cause of action with reasonable - But also dependent on ambiguity of the
dilligence situation, familiarity with the
- Begins on the day the crime was environment, and the relationship
committed, or if concealed, when the between the bystander and the person
offended party or the State learns of the in distress
commission of the crime
- Maximum: 20 years for heinous crimes Case Study: Kitty Genovese
- Genovese was on her way back to her
THEORIES ON CRIME/PUNISHMENT apartment from work at 3am when she
Broken Windows Theory was stabbed to death by a serial rapist
- Zero tolerance for minor crimes such as and murderer
littering and graffiti, because the - Attack lasted for half an hour during
tolerance of lesser offences encourages which time Genovese screamed for
more serious crimes help; attacker left after attracting the
- Why? Perception of a permissive attention of a neighbour but later
attitude towards crime, and increased returned and finished the assault
likelihood of honest people fleeing - According to newspapers, 38 people
areas witnessed the assault but failed to
- 2001: Rates for both serious and petty intervene or even contact the police
crimes decreased in New York after a - But recent reports suggest the police
zero tolerance policy were contacted at least once and that
- However, may also be due to other many of the bystanders could not
factors such as lower unemployment actually see the attack
17
CRIMINAL JUSTICE SYSTEM - Other Parties
Goals - Judge
- Punishment/retribution of criminals - Law Enforcement
- Protection of society from further acts
- Deterrence of similar acts Due Process
- Rehabilitation of the criminal - In general, rules on “fair play”
- Applied against the government to be
How The Goals Interact protected against arbitrary intrusion into
- In theory, are interrelated to each other privacy and other related rights
- Ex: Philippine criminal justice system - Ensures the accused is put into a fair
aims for rehabilitation for economic trial with full freedom and awareness
crimes, and punishment for heinous - Note: General rule that doubts
crimes; but not mutually exclusive should be settled in favour of the
accused, due to presumption of
Penalties for Crimes innocence
- General Rule: Imprisonment, with fines
depending on the crime Rights of the Accused
- Other Penalties - To be presumed innocent
- Destierro: Exile for crimes of passion - To be informed of the nature and cause
between spouses; but more for the of the accusation against him
protection of the offender from - To be present and defend in person and
reprisal by family of the offended with counsel
- Disqualification from Public Office: - To confront any witness
Additional penalty imposed on public - To have a speedy, impartial, public trial
officials for crimes relating to their - Against self incrimination
office
- Probation: Supervision over an Miranda Rights
offender, ordered by a court instead - The right to be advised of the right to
of serving prison remain silent and to obtain an attorney
- However, faces the threat of being while in custodial investigation
sent back to prison if found to - However, exception exists in cases of
violate conditions public safety
- Ex: Interrogation of Dzhokhar
CRIMINAL PROCEDURE Tsarnaev, the Boston bomber
Parties Involved - Six Requirements
- Prosecution - Evidence must have been gathered
- Private Offended Party - Must be testimonial
- Prosecutor: In criminal cases, a public - Obtained while the suspect was in
lawyer since crimes are offences custody
against the State - Must have been the product of
- Defense interrogation
- Accused - Conducted by state agents
- Defense Lawyer: May be a private - Evidence must be offered by the
lawyer, but public lawyers can also be State during a criminal prosecution
provided for the indigent
18
Case Study: Miranda vs Arizona Arrest
- Miranda was arrested for kidnapping - Requires warrant, except when
and rape of a young girl - Offense is being committed
- Signed confession after two hours of - Offense has just been committed
interrogation - Escape from detention or custody
- Miranda claimed not to have been
made aware of his rights Entrapment vs Instigation
- Aftermath: Miranda died because he Entrapment Instigation
got stabbed in a bar; person who
The instigator
stabbed him invoked Miranda Rights To trap and capture the
practically induces the
and was acquitted lawbreaker in the
accused to commit the
execution of his plan
offense
Search and Seizure The means originate Law enforcer conceives
- Requires a warrant except for: from the mind of the the crime and suggests
- Moving vehicles criminal it

- Plain view Not a bar to conviction Leads to acquittal


- Waiver
- Search incidental to lawful arrest Bail
- Hot pursuit - Recognized as a right, except in capital
- Exigent circumstances offences where the evidence of guilty is
- Customs search strong
- Stop and Frisk - Exception for Enrile, who was granted
bail on the basis of his age and health
Stop and Frisk - Amount of bail set dependent on
- When police officer is suspicious of factors such as income of the accused
individual and runs hands lightly over and the nature of the offense
the suspect’s garments - Purpose: to honor the presumption of
innocence, and to enable the
Case Study: New York preparation of a proper defense
- Record of 680,000 stops in 2012
- 80% on blacks and/or Latinos Double Jeopardy
- About one in five have used some form - Prohibits prosecution of crime of which
of physical violence, often at the he has been previously acquitted or
slightest hint of resistance convicted
- Violence most occurs in impact zones, - Must be exact same offences
i.e. pockets where police flood with - Bars appeal if the accused has been
officers, often straight out of the acquitted
academy. Inexperienced officers further - Refers to acquittals, convictions or
add to tension and distrust dismissals made after arraignment
- 2002 - 2013: 87.6% did not convictions - Does not apply to re-trials, made in
- Increase in shootings by 5.5% after New cases of miscarriage of justice or when
York stopped the practice evidence previously unobtainable is
- NYPD: Stop and Frisk benefits acquired
minorities, who are at risk of minority on - But re-trials only available before the
minority violence decision achieves finality
19
Plea Bargaining Exclusionary Rule/Fruit of the Poisoned
- Accused pleads guilty to a particular Tree
charge in return for a concession from - Evidence illegally acquired cannot be
the prosecutor or from the judge used
- Pros - Ex: Officers failed to read Miranda
- Shorter proceedings Rights, searched without a warrant
- Concessions can benefit both parties, - Exceptions
i.e. shorter sentences, etc. - Discovered in part as a result of an
- Cons untainted source
- Pressure to plead guilty even if case is - Would have been discovered anyway
weak, in return for a perceived benefit - Search warrant was executed in good
- Disproportionately affects innocent faith
accused, who already perceive
system as unfair Privileged Communication
- Dilemma for defense attorneys, who - Allows the holder of the privilege to
have an interest in maintaining refuse to provide evidence about a
friendly relations with prosecutors for certain subject or to bar such evidence
future clients from being disclosed
- Agency Problem - Often anchored along the lines of
- Defendant will be paid more if the professional ethics, and/or the need to
trial goes on preserve special relationships
- Prosecutor wants to maintain high - Examples
conviction rate even if it - Between husband and wife
compromises justice or deterrence - Between an attorney and his client
- Between a doctor and his patient
Discharge of Accused to be State - Between a priest and a person giving
Witness confession
- In cases involving multiple accused, - For public officers if the public
where one or more of them is acquitted interest may be compromised
to serve as a witness
- Requisites Right Against Self - Incrimination
- Absolute necessity - Bars an accused from being a witness
- No other direct evidence against himself; can be made to take
- Can be corroborated in material the witness stand, but can refuse to
points answer a question
- Does not appear to be most guilty - Includes any statement that tends to
- Not been convicted of a prior offense increase the danger of prosecution,
involving moral turpitude even if true or if the person is innocent
- Only applies to testimonial evidence
- Rationale: To act as a check against the
possibility of torture or other forms of
coercion
20
CRIMINAL SENTENCING - Criticisms
General Trends - Invites vigilante justice, as in the case
- In the Philippines: Sentencing as a of William Elliot , who was murdered
general rule is determinate, judges can by vigilantes. Elliot was required to
only increase or decrease the penalty register because his girlfriend was
depending on mitigating/aggravating two weeks shy of 16th birthday while
circumstances he himself was a teenager
- In the US: General trend of removing - Questionable effectiveness, as
human discretion from sentencing register automatically includes
offenders without assessing
Three Strikes Laws recidivism, and may in fact increase it
- Mandate courts to impose harsher by causing instability and
sentences on those convicted of an unemployment
offense if they have been previously - May also constitute indefinite
convicted of two prior offenses punishment and adversely affect
- In general, call for life imprisonment family members of registrants
without possibility of release for at least - Has led to creation of communities
25 years after the third offense of sex offenders
- Responsible for 83% increase in life
imprisonment Life Imprisonment
- Studies show that arrest rates are 20% - Generally handed for heinous crimes,
lower for offenders convicted of two often with aggravating circumstances
strike eligible offenses compared to one - In the US: 1 in 2000 residents under life
strike eligible offenses, showing imprisonment
effectivity in deterrence - General Rule: Still eligible for parole
- However, studies also show that it also after a number of years
pushes criminals to commit more - But life imprisonments without parole
violent crimes, as they have little to lose also possible
if felons will face the same sentences - Ex: Maurice Schick, who admitted to
either way murdering an eight year old due to
- May also lead to life imprisonment of an “uncontrollable urge to kill”
people despite not committing violent - Struck down in countries such as Spain
crime and Portugal, but nonetheless seen as a
- Example: Leandro Andrade, who was humane alternative to the death penalty
sentenced to life imprisonment for
three cases of shoplifting Death Penalty
- General trend of abolishing capital
Sex Offenders punishment, especially in developing
- Megan’s Law: Requires information on countries
sex offenders to be made public - 102 countries have abolished the
- Refers to both community notification death penalty, while only 37 retain it
and sex offender registration in law and in practice
- In response to death of Megan Kanka, a - Most number of executions: China, with
7 year old, by a sex offender with prior 1000+ executions every year
convictions
21
Case Study 1: Philippines PRISON
- Technically allowed, but currently on Case Study 1: US
moratorium - Largest prison population in the world,
- Subject to automatic review by the comprising 25% of the world’s 9.8M
Supreme Court, i.e. all cases imposing prisoners
death penalty will automatically be - Increase of 500% in number of prisoners
appealed to the Supreme Court over the last forty years
- Why? Tough on crime laws fill prisons
Case Study 2: US with mostly non-violent offenders,
- Over 75% of murder victims in cases who become worse on release than
involving executions were white, before incarceration
although nationally only 50% of murder - 36% of inmates were unemployed
victims in general are white - 68% had not completed high school
- 55.3% of defendants executed are also - 70% convicted of non violent crimes
white, blacks comprising 34.7%
- Washington: Jurors three times as likely Prisons and Race
to recommend execution to blacks than - African Americans constitute 1 million of
whites the total 2.3 million incarcerated
- Death row inmates are 43% white, 42% - Nearly six times the rate of whites
black - Statistically, 1 in 3 black men can expect
- Since 1973: More than 150 people to spend time in prison in his lifetime
exonerated from death row due to - Contributing Factors
innocence - Inner city crime prompted by social
- Questionable effect on deterrence: 80% and economic isolation
of executions are from the South, but - Policies such as “get tough on crime”
the South still retains the highest crime and “war on drugs”
rates - Habitual offender policies and
- Examples mandatory sentencing laws
- John Wayne Gacy: Murdered 33 at - Zero tolerance policies on school
least 33 teenage boys and young violence having an adverse effect on
men; insanity was an issue in the trial black children
as experts testified he suffered from - 35% of black children grades 7 to
paranoid schizoprenia 12 have been suspended or
- Ted Bundy: Confessed to 30 rapes expelled from school, compared to
and homicides, mostly of young 20% of Hispanics and 15% of
women. Known to not have whites
expressed remorse for victims;
member of his own defense team Women in Prison
called him the definition of evil - Increasing at a rate 50% higher than
- Timothy Evans: Accused of murdering men since 1980
wife and daughter, blamed neighbor. - 13,258 in 1980 to 106,232 in 2014
Three year after Evans’ execution, his - Often have significant histories of
neighbor was found to be a serial physical and sexual abuse, high rates of
killler and was guilty of the murders HIV and substance abuse problems
22
Juveniles Prison Conditions
- Youth committed to juvenile facilities - Higher rates of sickness and infections
has been steadily declining, from 77 in prisons; in Russia, almost half of all
800 in 1999 to 35 200 in 2013 prisoners are ill with a disease
- Blacks comprise 26% of juvenile arrests - Incidence of TB is 10 to 100 times
and 44% of youth who are detained higher than in the general population
- In New York: Accounts for less than 4% - Why? Poor sanitary conditions,
of arrests but more than 5,000 youths inadequate lighting and ventilation,
admitted every year insufficient personal hygiene supplies
- Cost for one youth in detention is - Also problems with overcrowding,
$200,000 every year; cost of education reaching as high as 316% of prison
is $11,844 capacity in the Philippines
- 92% are juvenile delinquents, i.e. not - Can be so severe that prisoners sleep
serious felonies, and only 8% are in shifts or sleep while standing
juvenile offenders, i.e. serious felonies - May lead to further neglect of some
- As high as 46% readmitted to detention sectors, such as women and children
in the same year - Use of solitary confinement
- Not always used only for violent
The War on Drugs prisoners; has also been used for
- At the federal level, people with drug those with mental illlnesses, or even
convictions are half of prisoners those still undergoing pre-trial as a
- Most are not high level actors in the form of coercion
drug trade, and have no prior criminal - Many subject prisoners under life
record for violence offenses sentences under solitary confinement
- 41,000 in 1980 to 500,000 in 2014 for prolonged periods
- Five times as many whites use drugs as - Can cause isolation syndrome,
blacks, but blacks are sent to prison for affecting mental health
drug offenses at ten times the rate
- Serve an average of 62 months in prison Private Prisons
- Usually result of a contractual
Life During and After Prison agreement between a party and a
- 68% arrested for a new crime within government, with rates paid per
three years; 77% arrested within 5 yrs prisoner
- 75% have substance abuse problems - Resulted from a burgeoning prison
- African Americans comprise majority population
- Contributing Factors - 8.4% of US prisoners under private
- Presence of gangs in jail, with leaders prisons
making tactical decisions inside jail - Intended to cope with problems in
- Difficulty in re-integration; often had a operating prisons, but often
poor work history and now have a exacerbates problems
criminal record to deal with, must - Less wages and training for officers,
adjust to normal life as well as less healthcare for prisoners
- Lack of education; many prisoners do to cut costs and maximize profits
not finish high school
- Racial barriers
23
- Example 1: Escape of three murderers - Media as a matter of courtesy does not
from a private prison in Arizona due disclose names of alleged rape victims,
to lax culture and inadequate patrols although laws requiring such are
- Held unconstitutional in Israel: erodes routinely struck down as
right of liberty by allowing non-state unconstitutional due to considerations
actors the right to use force of publication of truthful information

Alternative Model: Norway


- Focuses on restorative justice, or
rehabilitation
- Ex: Halden Prison, a 75-acre facility
which aims to maintain normalcy;
hence fully equipped homes and
friendships between guards and
inmates
- Judges can only sentence criminals to a
maximum of 21 years, though five year
increments can be added if the system
determines the prisoner has not been
rehabilitated
- Anders Breivik, who killed 77 people
in a mass shooting, only received 21
years
- Incarceration rate of 75 per 100 000
people compared to 707 in the US
- One of the lowest recidivism rates in the
world at 20%

RAPE SHIELD LAWS


- Limit ability to introduce evidence; also
prohibit the publication of the identity
of an alleged rape victim
- Based on the premise that a victim’s
consent to intercourse with one man
does not imply consent with another
- Nonetheless, in some states the
following factors can be considered as
relevant evidence if decided by the
court
- Sweetheart Defense: Past behavior/
sexual history if it relates to conduct
with the defendant
- Victim’s manner of dress
- Reasonable belief of the accused that
the victim consented
24

Culture Cosmopolitanism
- The ideology that all human beings
GENERAL CONCEPTS belong in a single community
Defining Culture - Identity transcends borders, as humans
- Way of life, especially the general are interdependent and thus one
customs and beliefs, of a particular - Made possible by shifts in
group of people at a particular time demographics, i.e. diasporas, and
- In a general sense, the ability to emergence of globalization
represent experiences with symbols and - Criticisms
to act imaginatively and creatively - Impossible Project: Cannot unite
differences and equality
The Purposes of Culture - Elitist Social Representations:
- Provides humans with the feeling of Disguised attempt at Americanism or
being individuals of value of serving transnational capital
- Provides a sense of identity and
belongingness Post - Colonialism
- Reference point for common - Analyzes the cultural legacies left
experiences, e.g. language behind by colonialism and
- Provides a practical purpose depending neocolonialism
on the cultural artifact - Neocolonialism: Using business and
- Artifacts rarely made purely for culture to influence a country, instead
cultural identity, but also have an of military or politics
intrinsic purpose, e.g. houses or old - Establishes spaces for non-Westerns
commercial buildings as heritage sites whose native cultures were often
suppressed by Western value systems
Characteristics of Culture
- Learned Orientalism
- Shared - Traditionally refers to depiction of
- Based on symbols aspects in Eastern cultures
- Integrated - But has also been used to refer to a
- Dynamics patronizing Western attitude towards
Eastern cultures
CULTURAL IDENTITY FRAMEWORKS - Analysis of the East being static and
General Concepts undeveloped, hence the West being
- Identity/feeling of belonging to a group better
- Related to nationality, ethnicity, religion, - Focuses on boundaries/differences
etc; hence both characteristic of the between the East and the West,
individual and of the group hence reinforcing an Us vs Other
- Overlaps with identity politics mentality
- Criticism: Cultural identity, being based - Ex: In the 1990s, Arabs being
upon differences, is a divisive force in portrayed as villains in movies
society influencing stereotypes
25
Hybridity - But Redskins refers to act of killing
- Dissolution of rigid cultural boundaries, Native Americans and scalping their
hence the intermixture of different heads or genitalia (hence red skin) to
identities prove their kill
- Hence, dissolution of identities - Hence, violent oppression is
themselves trivialized and swept under the rug
- Creates complex identities and - Example 2: Businesses Based on Native
interrelated, if not overlapping, cultural American Spirituality
spaces - New Age industry flooded with white
- Ex: Different dialects merging into a female entrepreneurs
national language, sometimes - But Native American women, form
leading to the dialects losing their whose culture most of such practices
uniqueness and identity, hence being come from, often live in poverty due
used less to federal control/mismanagement of
their land and resources
Cultural Colonialism
- Creation and maintenance of unequal Case Study 2: African Americans
relationships favoring more powerful - Example 1: Yelp reviews in search of
countries, form the lens of culture authentic Mexican restaurants not in
- Closely related to the process of sketchy neighborhoods, which
neocolonialism corresponds to communities with higher
people of color
CULTURAL APPROPRIATION - Hence, cultural appropriation allows
Definition appreciation of culture while
- In general, the adoption or use of the remaining prejudiced against people
elements of one culture by another - Example 2: Professionalism standards
culture bar black women from having cornrows
or dreadlocks, which are natural ways to
Members of a dominant keep hair, but media hypes Kylie
culture take elements Jenner’s dreadlocks and cornrows
Cultural from a culture of people - Example 3: Rock and Roll
Appropriation systematically
oppressed by the - Largely shaped by black artists as a
dominant group derivative of blues music
Marginalized adopt - Media has rewritten history and
Assimilation dominant culture to regarded Elvis as inventing rock,
improve conditions hence whitewashing blues music
Equal exchange, no
Hybridity and 

Cultural Exchange
power dynamic Case Study 3: Asians
between cultures
- Example 1: Katy Perry performing as a
geish in 2013 American Music awards,
Case Study 1: Native Americans but in doing so played to stereotypes of
- Example 1: Washington Redskins Asian women being sexually submissive
- NFL team, have been using the term and passive
to “honor Indians” and for “tradition”
26
Does the Backlash Go Too Far? Case Study 2: Bengali
- Argument that it encourages cultural - Bengali Language Movement: Political
segregation, as people cannot engage movement in East Bengal, now
in other cultures without causing Bangladesh, advocating Bengali as an
offense (hence, “cultural purity”) official language in Pakistan
- Can also lead to cultures being stagnant - Context: East Bengal province in
and isolated Pakistan had a mainly Bengali
- Example 1: University of Ottawa, where population; Pakistan ordained Urdu as
students sought to ban yoga for cultural sole national language
misappropriation - Led to protests and rallies climaxing in
- Once banned in India as part of the death of activists in Feb 21 1952
racist and orientalized narrative that - Forerunner to Bengali nationalist
stereotypes Indians as heathens movements, culminating in formation of
Bangladesh
LANGUAGE - However, also led to cultural animosity
General Concepts between the two wings of Pakistan
- Verbal expression of culture and values
- Also provides categories for expressing Language Policy
and structuring thoughts; hence, culture - Historically used to promote one official
and thought influence language and language at the expense of others,
vice versa though many countries now also have
- Ex: Only one English word for snow, policies to promote regional languages
while Eskimos have many, reflecting - Determines how languages can be
how Eskimos perceive snow in more used, cultivates language skills needed
ways than an English person to meet national priorities and
establishes the rights of individuals to
Case Study 1: Filipino use and maintain languages
- Created with Tagalog as basis, due to - Ex: Setting a mode of instruction in
its wide reach, lack of daughter classrooms, appointing languages
languages, rich literary tradition and use that can be used for government
in Manila documents, funding efforts to
- Referred to as “formalized Tagalog” preserve languages, etc.
- Does not use grammatical elements
or lexicon from other major Filipino Language Death
languages, contrary to the intention - Occurs when a language lost its last
of the national language being native speaker
enriched by other Philippine - Commonly occurs when a community
languages i.e. Bisaya, Bicol, becomes bilingual and gradually shifts
Hiligaynon allegiance to the second language
- Chosen by a National Language - Often a product of assimiliation and/
Institute, and officially declared the or government efforts
national language by law - But languages can also be revitalized
- Current role of NLI: Official regulating - Ex: Revival of Hebrew in Israel after it
body of Filipino, but task often falls to became only a liturgical language
universities instead
27
MUSEUMS AND HERITAGE SITES Conservation of Heritage Sites
Museums - A form of ethical stewardship
- Traditionally evolved from royal - Involves protection and restoration
collections, e.g. the Louvre using any methods to keep a cultural
- Often placed in national capitals to property as close to its original
reinforce national image as champions condition as possible
of culture, e.g. the Smithsonian - In general, three guidelines
- Across Europe and North America, - Minimal intervention
museum attendance averages no more - Full documentation
than 22% of the population - Appropriate materials and reversible
- Skewed towards those with higher methods, to reduce problems with
income and education future treatment

Museums and Colonisation Paradigms on Conservation


- Often used to promote national - Historic Preservation: Preservation and
identification and symbolize national protection of historically significant
might properties
- Museums in Britain and France - Demolition: Tearing down of buildings
represented excavations/raids on and other structures; usually made to
treasures of ancient Greece, Assyria and make way for new buildings or as a
Egypt, or treasures that were sold in the result of crises
aftermath of tragic events - Example 1: Buddhas of Bamiyan, an
- Example 1: Elgin Marbles, Afghan site destroyed by the Taliban
questionably removed from Athens - Example 2: Admiral Hotel in Manila,
and sold to the British museum demolished to be redeveloped into a
- Example 2: Purchase of Rembrandt new hotel
painting from the Dutch after prices - Adaptive Reuse: Process of reusing an
depreciated due to World War II old building for a purpose other than
which it was made for
Sponsorships - Hence compromise between
- Note: See Art and Funding under Art preservation and demolition
- Almost $700 million given by - Example: Massachusetts Museum of
corporations for culture and the arts Contemporary Art, adapted from old
- Earliest funders: tobacco and oil factories
- General trend of corporate sources
favoring “blockbuster” exhibitions, such World Heritage Sites
as Treasures of Tutankhamen that aim at - Designated by UNESCO as having
broad appeal and middle class tastes outstanding cultural or natural
- Often also sponsored by governments importance to the common heritage of
to cultivate a particular image humanity
- Example 1: Marcos museums in Ilocos - Sites remain legal property of the
Norte depicting the life of Marcos countries where they belong, though
- Example 2: International exhibits to UNESCO considers it in the interest of
improve image and as a form of the international community to preserve
cultural diplomacy each site
28
- Legally protected in times of war - Degradation of environment also leads
pursuant to the Geneva Convention and to decrease in tourism. Control has now
other protocols been taken over by outside developers,
- Can be placed in a List of World who may choose to move elsewhere.
Heritage Sites in Danger, with the Cost of living may have also increased,
possibility of being delisted making life more difficult for locals.
- Cultural Criteria
- Masterpiece of human creative genius Case Study 1: Cordillera Rice Terraces
and cultural significance - Preserved Ifugao culture without
- Exhibits an important interchange of influence of colonial cultures
human values - Named a World Heritage Site in 1995
- Unique or exceptional testimony to a - Placed in the List of Sites in Danger due
cultural tradition or to a civilization to deforestation, unregulated
- Outstanding example of a type of development, weak management and
ensemble or landscape which lack of focus in tourism
illustrates a significant stage in history - Removed from list after proper reform
- Directly associated with events or
living traditions, with ideas, with Case Study 2: Vigan
beliefs, or with works of outstanding - Used Heritage Site status to attract
universal significance tourism and generate revenue
- Went from being a second class
TOURISM municipality to being a city due to
Classic Community Tourism Cycle revenue
- Communities build/renovate small
houses and hotels for tourism, earning Case Study 3: Boracay
revenue for locals - Breached 1.9 million in 2015
- Land values increase; infrastructure is - Originally home to the Ati tribe;
developed, but outsiders begin increasing commercial development led
establishing their own operations at a to their dispersement
larger scale than locals - Awarded 2.1 hectares of ancestral
- Construction begins at faster rates, land but still gunned down
planning regulations are ignored, and
building proceeds haphazardly. Case Study 4: Rhinos in Nepal
Environment starts to degrade but - Tourists viewing rhinos caused stress to
locals benefit as employees the rhinos, changing their behaviour
- Most owners are from outside the - Tourists going beyond a minimum
community; money starts to flow out. distance made rhinos abandon good
Large constructions implemented posters and take shelter in less
without observing regulations. nourishing vegetation
International tourism means profits stay - May end up influencing genetic
in countries of origin; tourists contribute makeup, favoring rhinos with timid
small amounts of money by buying personalities
souvenirs. Water supplies and
environment become endangered.
Local resentment against tourists begins
29
POPULAR CULTURE - Only half of all films pass the test
Awards - But films that passed the test earned
- Case Study 1: Oscars $4.2 billion in the US, while those that
- Voted upon by Academy of Motion failed only earned $2.66 billion
Pictures Arts and Sciences, composed - Incorporated by the European cinema
of members of the movie industry fund Eurimages and a Scandinavian
- 94% of voters are Caucasian; 77% are cable television channel into their
men and 86% are over 50 ratings
- Only one female has won Best - Criticism: Does not actually filter sexist
Director in history: Kathryn Bigelow content, and may not consider context
for The Hurt Locker
- Only one African American has won Gender and Race in Hollywood
Best Actress: Halle Berry - Of 100 most commercially successful
- Only 31 black Academy Award movies in 2012, only 1/6 of the writers
winners in history were women
- Film companies often spend several - Relative to their actual numbers in the
million dollars on marketing to US population, minorities are
campaign for movies among the underrepresented by 3 to 1 in leading
voters, though the Academy enforces roles; women, by 2 to 1
regulations - General hesitation to fund movies with
- Ex: Hurt Locker producer minority leads due to fear of not doing
disqualified due to excessive well overseas; however, 12 Years A
campaigning among associates Slave had 70% of its sales from overseas
- Criticisms of favoring “Oscar bait” countries
over audience favorites; 47% of all - More diverse casts tend to be more
winners for Best Picture are dramas profitable: for TV shows, casts featuring
- Case Study 2: Metro Manila Filmfest 41-50% nonwhite characters had
- Film festival in which foreign films are highest ratings, and for movies, those
not allowed to be shown with 21-30% had most revenue
- Entries included classics such as Jose - 51% of moviegoers are people of color
Rizal, Himala, and Muro Ami - General trend of roles written for/
- Jurors include masses, e.g. students, requiring minority members going to
teachers, drivers, etc. whites and/or males
- From 2006 to 2010, used commercial - Example 1: Eddie Redmayne playing
viability as a criterion in awarding a transsexual in the Danish Girl,
Best Picture inspiring controversy due to the
- Yet in 1986, did not award Best underrepresentation and lack of
Picture due to concerns that the opportunities for transsexual actors in
films were being commercialized Hollywood. However, Redmayne
garnered wide critical acclaim for his
Bechdel Test performance
- A movie passes the test if two or more - Example 2: Casting in The Last
named female characters talk to each Airbender movie, where Caucasians
other about something other than a were given roles on the Asian and
man Inuit-influenced Avatar universe
30
Gender and Race in Comic Books - In a sample of 81 teen rated games,
- Nearly half of all comic book readers are women were likely to be sexualized,
female i.e. exposed cleavage and breasts
- However, only about 10% of creators - Characters are predominantly white
and 30% of characters in DC and Marvel males; enemies often depicted as
are women foreigners or savages
- Example : Gail Simone, writer of Bat - Example: Resident Evil 5, whose
Girl and Wonder Woman trailer depicted a white man
- Historically, trend of minorities and shooting black enemies in an
women being represented using African village; however, the game
stereotypes had an anti-colonial theme and
- Example 1: Wonder Woman as the featured a black female co-lead
only female superhero to have a - Gamergate: Controversy that erupted
regular title, the rest being derivatives after a game journalist wrote a
of male heroes e.g. Spider-Woman scathing blog post about his game
- Example 2: Ebony White, sidekick of developer ex-girlfriend, raising
The Spirit, who with pronounced lips accusations that her having a
and a thick accent reinforced relationship in exchange for positive
stereotypes coverage
- Example 3: Cover of Spider-Woman - Caused discussion on misogyny
which depicted her in an unrealistic within gaming culture, as she was
sexually provoking pose threatened with rape and violence
- Nonetheless, trend of race/gender - Raised discussions on changes of
swapping established superheroes, the gamer identity given increasing
often against the wishes of long-time number of females playing games
readers
- Example 1: Female Thor Violence in Video Games
- Example 2: African - American - Columbine Massacre (1999): Perpetrator
Captain America named his gun Arlene, after a character
- However, swapping superheroes is not a from the game Doom
new trend; in fact, repeatedly replacing - American Psychological Association
the identities of heroes is a common released a study findings links between
practice video games and aggression
- Example 1: The Flash, of which there - However, findings were criticized by
has been at least four incarnations over 200 academics in an open letter
- Example 2: Robin, who was killed off arguing public pressure to make the
in 1988 due to reader votes in a poll said conclusion and methodology
flaws
Gender and Race in Video Games - Example 1: Hatred, which was
- Trend of more games featuring female controversial due to violent content and
leads, e.g. Tomb Raider, Mirror’s Edge a serial killer being its protagonist
- Assassin’s Creed Unity did not have a - Example 2: Call of Duty series, which is
female lead due to technical difficulty, violent but has earned praise for a
sparking controversy, although the realistic portrayal of the horrors of war
next game featured one even including PTSD
31
Historical Depictions in Pop Culture Case Study 2: Zero Dark Thirty
- Trend of movies, often commercially - Dramatized the hunt for Osama Bin
and critically successful, being based Laden after 9/11
from historical events - Former Assistant Secretary for Defense
- 1977 Study: Even if people know that declared that the film was inaccurate
the truth, knowledge can be distorted - Overstating the role of torture
by stories that contain lies or are - Understating the role of the Obama
factually wrong administration
- Can also be used to propagandize - Portraying efforts as one agent
and/or frame filmmakers’ view of against the CIA system
events as the truth
- Why? Can often be difficult to Case Study 3: Argo
separate sources of information, - American thriller film on the escape of
hence also difficult to separate fiction American hostages during the Iranian
from reality hostage crisis
- Criticized for the following inaccuracies
Case Study 1: Schindler’s List - Minimizing the role of the Canadian
- About businessman Oskar Schindler embassy in the rescue
who saved thousands of Jews during - Making it appear as if the embassies
the Holocaust by employing them in a of Britain and New Zealand turned
factory the hostages away, when they in fact
- Praised for accuracy in portraying the played a significant role in the rescue
Holocaust - Portrayal of the Iranians being based
- Historian Annette Insdorf: Related on stereotypes, when many cabinet
how her mother, a Holocaust survivor, members objected to the taking of
felt gratitude that the Holocaust story hostages in the first place
was being told in a major film
- General support from the Jewish Case Study 4: Kingdom of Heaven
community - Depicted the Crusades, particularly the
- However, also faced criticism takeover of Jerusalem by Saladin
- Lack of exploring some themes such - Criticized for a portrayal of the events
as the link between violence and seemingly favoring the Arab
sexuality perspective, as Christian leaders were
- Critics pointed out that the film’s depicted to be incompetent and
dichotomy between good and evil fanatical
glosses over the fact that the majority - One journalist reported that filmgoers
of Holocaust perpetrators were in Beirut stood in applause after a
ordinary people scene where Saladdin returns a fallen
- Accusations of exploiting Schindler’s cross to a table
story for commercial purpose, given
his wife in Argentina still suffering Case Study 5: Movies as Propaganda
poverty - Birth of a Nation, which portrayed the
- However, it was proven that actions of the Ku Klux Klan against
Spielberg, director of the film, did blacks as justified
in fact financially support her
32

Development Case Study 1: Chile


- Privatized by selling many state owned
NEO - LIBERALISM companies; government role mainly
General Concepts limited to regulation
- Advocates extensive economic - Export of raw materials such as copper
liberalisation and therefore a minimal and other natural resources led to an
role for state intervention export boom, with income increasing as
- Supported by the IMF and the World much as 88%
Bank - Mines allowed to operate tax-free
- Five main points: - However, copper industry in Chile
- Total freedom for the movement of largely handled by a government
capital and goods for trickle down corporation
economics - Foreign direct investment treated the
- Cutting public expenditures for social same as Chilean investments
services - Welfare also privatized; pensions
- Deregulation managed by private companies
- Privatization of utilities and services - Signed free trade agreements, including
for greater efficiency TPP, and lowered tariffs across the
- Prioritizing individual responsibility board
over the public or community good - As a result, leads Latin American nations
in competitiveness, income per capita,
Assumptions/Implications and low perception of corruption
- A perfect market - Why? Strong foreign trade and
- Trickle down economics as a driver of foreign investments
growth - But suffers from high inequality, e.g.
- The rule of law, to prevent abuses by wages not increasing along with
the state or a tyranny of the majority economic gains, and efforts to break
- State failure or ineffectiveness in down unions
regulating or providing services due to
bureaucracy, lack of incentives, Case Study 2: Mexico
corruption, etc. - Received a loan from IMF conditional
- Competition being valuable in on structural reforms including
improving efficiency and innovation privatization and liberalization
- Implementation saw wages fall by 40%
Implications to 50% while per capita income fell by
- Less focus on externalities, i.e. 5%; public services fell and crime
consequences of policies to the increased
environment, to vulnerable sectors, etc. - Banks taken over by foreign investors,
- Less focus on providing welfare, as lending to businesses dropped from
more emphasis is given on trickle down 10% of GDP to 0.3%
economics and the need for individual - Led to US capital dominating Mexican
responsibility export economy
- Assumes equal access to opportunities - Jobs lost as they were outsourced
- May lead to corporatism - Private monopolies increased prices
- No support for infant industries of commodities as high as 738%
33
STATE SIDE ECONOMICS - However, Korea had to write off
General Concepts billions of loans by bankrupt
- No theory directly opposite companies; conversely, Japan refused
neoliberalism, although many opposed to fund Honda
to particular aspects
- In general, advocate for greater state Case Study 2: Latin America
intervention and protectionism - Pursued protectionist policies, led by
- May manifest as: import substitution industrialisation (ISI)
- Restricted freedom of capital/goods - ISI: Replacing foreign imports with
- Public expenditures for social services domestic production
- Regulation - Borrowed money to fund infrastructure
- Nationalisation and other services
- However, loans ceased due to an
Assumptions inability to pay given contractions in
- Possibility of an imperfect market/ world trade
market failure - Heavily affected Latin America
- Unequal power relations between states because its greatest exports were raw
within an economic relationship materials/primary resources
- The need for an equitable distribution - Had to agree to structural reforms by
of wealth IMF which led to austerity measures and
- The need for a check against free market capitalism
corporatism - IMF measures increased poverty,
worsened social costs and slowed the
Implications growth rate
- Focus on externalities
- Focus on the public good THEORIES ON MODERNIZATION
- Support for infant industries through Modernization Theory
protectionism and subsidies - Theory suggests that modernization
- Decreased competition, which possibly occurs as a result of technology and the
leads to less quality and innovation adoption of Western practices
- Protectionism might invite retaliation
from countries Dependency Theory
- Risk of rent seeking, i.e. corruption - Maintains that underdevelopment
occurs not because of a failure to adopt
Case Study 1: East Asia processes but because “core” countries
- Japan, Korea and Taiwan maintained develop by exploiting “periphery”
trade barriers such as tariffs and bans on countries in the international system
imports during periods of rapid growth - Occurs through colonialism,
- Promoted exports by granting imperialism and unfair terms of trade
subsidies, credits, etc. to exporters - More traditional countries lose out
- Targeted support for infant industries because developed countries exploit
likely to succeed, typically by their raw materials, natural resources
supporting large-scale enterprises and and labor
granting them temporary monopolies
34
Neomarxism PRIVATIZATION
- Focuses on how capitalism concentrates Case Study 1: UK
power on the hands of the elite - Before privatization, state industries
- Theory suggests that while business were poorly managed because of
earn, they decrease costs especially political considerations interfering with
wages to maximize profit business decisions
- Hence causes a contradiction in that - Ex: British Gas acceded to public
the poor becomes less capable of pressure and artificially held prices
participating in the economy, down, leading to gas shortages amid
eventually harming businesses more people switching to gas from
- While individual incentives are rational, coal. Government was not able to
structure/system as a whole is not indefinitely sustain such changes
- Privatized core services in the wake of a
Institutionalism recession in the early 1980’s
- Focuses on the role of institutions, or - 1979: Losses by state industries at
rules/laws, in development about 3 billion a year
- Extractive institutions favor the elite by - 1990: Privatized companies fattened
removing incentives for innovation, government purse by 2 billion
keeping the status quo and - Sales of industries generated 34 billion
consolidating political power - General increase in efficiency for
- Inclusive institutions, guided by the rule industries that get privatised; for
of law, allow the population to innovate, example, British Gas increased
have their private and property rights productivity by 20%
protected, and participate politically - However, tends to create private
monopolies especially in the case of
Case Study 1: Korea utilities such as water and electricity
- Homogenous by the end of World War - Can often also lead to worse services at
II; in fact, North was slightly more higher costs
industrialized - Fares on privatized buses in the UK
- South Korea had a market economy are the highest in Europe
with property rights, and channeled - Hospitals run for profit often suffer
subsidies and credit to firms from inadequate hygiene standards
- Succeeded due to policies and patient neglect
encouraging investment and - Studies also show that privatised
industrialization companies tend to lay off qualified
- North Korea had a command economy personnel and replacing them with zero
outlawing private property hour contract employees
- Hence stifled innovation and - Quality suffers because cutting costs
concentrated economic and political means more crammed schedules
power to a few despite lower pay
35
DEVELOPMENT APPROACHES Social Risk Management
Entitlements Approach - Extends the traditional framework of
- Deals with entitlements, which are all social protection to include prevention,
the goods and services one can legally mitigation and coping strategies
acquire through his assets/resources - Focuses on the poor, who are most
- Assets and resources become useful vulnerable to risks, so that they can
when converted through transactions invest in riskier but higher-return
- Also deals with questions of whether activities as a way out of poverty
people have access to resources and/or - Example: Financially Poor
the means to convert them into - Often suffer sudden decreases in
entitlements income, e.g. deaths or illnesses
- Example: Famines - Often cannot access safety nets such
- Food output actually increased during as bank loans or welfare benefits
famines in Bengal, Ethiopia and - Hence, cope by borrowing from loan
Bangladesh sharks, which have exploitative rates
- However, famine occurred because
wages were tied to the agricultural Sustainable Livelihoods
sector, which collapsed, leading to - Integrates the different approaches in
the economy failing the context of capital
- Five forms of capital:
Capabilities Approach - Human Capital (skills and knowledge)
- Focuses on the freedom to achieve - Natural Capital (environment)
well-being - Social Capital (social inclusion)
- Poverty is the deprivation of - Financial Capital (income)
capabilities, or the option to achieve - Physical Capital (infrastructure)
outcomes that they value
- Hence does not focus on GDP, but in DEVELOPMENT INTERVENTIONS
other indices such as GDI, etc. Development Aid: Facts and Figures
- Rooted in the context of post-World
Social Exclusion War II and the Cold War
- Focuses on how individuals or groups - Marshall Plan: Reconstruction
are systematically blocked from rights, financed by the West to contain the
opportunities and resources normally influence of the USSR
available to members of a different - Top Donors: EU ($ 86.66 billion), US 

group ($ 31.55 billion), UK ($ 7.88 billion)
- May be passive or active - Top Donor by percentage of GNI:
- Example: PWDs/Differently-Abled Norway (1.07%)
- In general, excluded by employers - Top Aid Recipients: Afghanistan 

from employment opportunities ($ 6.725 billion), Israel ($ 6.18 billion),
- Face lack of access in terms of Vietnam ($ 4.115 billion)
infrastructure, i.e. ramps - Increasing aid for Asia and middle
- Exclusion perpetuates because PWDs income countries, which often have
cannot improve their skills and large populations in extreme poverty,
resumes, compounding problems i.e. Brazil, India, Mexico, Pakistan, China
36
- Aid in middle income countries often in - Donations of used clothing led to
the form of soft loans, which are loans decline of apparel industry
with terms favorable to the borrower employment
- In contrast, decreasing aid for low
income countries particularly in Africa When Effective (Examples)
- Example 1: CARE, an Australian aid
When Ineffective (Examples) organization, since 1987 has assisted 10
- In general, can increase corruption, million children to go to school,
postpone reforms or lead to the Dutch improved the health of 35 million and
Disease assisted 11 million get clean water
- Dutch Disease: Influx of money - Example 2: 51% drop in malaria deaths
strengthens currencies, which makes of children after UN instituted the mass
exports more expensive and imports free distribution of bed nets
cheaper - Example 3: Aid and Economic Growth
- Example 1: Aid as Political Support - Aid made up between 25 to 75% of
- West funded dictator Mobuto Sese government budgets of Korea and
Soko, but stopped after Cold War Malaysia in the late 60’s and 70’s
ended; At the time of death, - Example 4: Tied or Conditional Aid
Mobutu’s personal fortune was - Millennium Challenge Corporation
enough to pay off the entire debt of (MCC) dispenses with aid on merit;
Zaire screen countries based on 20 criteria
- Example 2: Aid and Corruption and must not be too corrupt
- Money obtained can be badly spent - Incentives encourage governments to
- World Bank funded oil production reform
project but funds were diverted to the - Initial $ 15m given by MCC allowed
military, which was notorious for Liberia to improve quickly, helping
abuse and was not even able to more than 2,700 girls with their
defend the population during the education thus far
Darfur conflict
- Example 3: Tied or Conditional Aid Humanitarian Aid
- May reduce the value of aid by as - May prolong conflict if not protected
much as 30%, as recipients often - Nigeria Biafra war (1960): Rebel
forced to procure from donors or leader Odumegwu Ojukwu stole aid
spend more to meet target criteria to feed soldiers
- In Uganda, only 18% of the contract - Often carried out by crime syndicates/
value of World Bank projects went to rogue groups
local firms; moreover, UK suspended - 1995 Kobe earthquake: Yakuza
aid for not democratizing sufficiently mobilized distribution of relief goods
despite consistent economic growth while Japanese government was still
- Example 4: Misused Aid coordinating actions
- Aid may not be sensitive or targetive - Hamas spends 90 percent of its
of needs, hence being used for other annual $ 70m budget on charitable
purposes projects and building infrastructure
- Mosquito nets in Africa being sold as
fishing nets instead
37
Aid Workers Case Study 1: Red Cross Response to
- Susceptible to rape/violence Hurricane Sandy
- Kayla Mueller: Aid worker captured - Served 17 million meals, provided
by ISIS. Was raped and tortured millions of supplies and housed tens of
before dying thousands of people in shelters
- Megan Nobert: Raped by a fellow aid - But internal documents reveal the
worker in South Sudan following problems
- But also responsible for rape, violence - Assets diverted for public relations;
and other problems 40% of trucks used as backdrop for
- Haiti: 229 women found to have press conferences
engaged in transactional sex with - Produced 200, 000 additional meals
peacekeepers for food one day to drive up numbers, but
- Haiti: Cholera outbreak that left 9,544 most went to waste
dead due to UN peacekeepers from - One area for sex offenders, but they
Nepal dumping waste on a river from were not there and were in fact
which locals drew drinking water playing with children

NGOs/Charities Case Study 2: Faith - Based


- Account for as much as 30% of all Organizations
development aid - May be part of a central tenet of
- Often focus on one key aspect of an religion, such as tithing for Christians or
overarching problem in society; hence zakat for Muslims
more likely to have a bottom up or - US: Gifts to religious causes reached
grassroots approach $88.3 billion in 2013
- Criticized for exaggerating or - Often have better networks in poorer
misrepresenting nature of problems communities
they seek to deal with - Can be instruments for social change
- Niger: NGOs portrayed food security - Liberation theology in Latin America,
problems as acute and urgent when it rooted in Christianity and led to
was a product of rises in food prices changes by mobilising communities
and other factors - But can also be coercive and
- KONY 2012: Praised for mobilising exclusionary
support for hunting down Joseph - Iraq: Christian organisations use aid
Kony but criticized for supporting to proselytize Yazidi refugees,
Ugandan military intervention when promising better chances for US visas
Kony was in fact in the C.A.R; was - Has also helped fuel violence
also jeered in Uganda for neglecting against Christians in Iraq
the conflict’s victims and being “more
about whites than Ugandans” Microfinance
- Also criticized for inefficient use of - Financial services to poor people,
resources mostly women, who often lack access to
- American Red Cross distributed banking
donated money to New Yorkers after - Does not require collateral, often repaid
9/11, sometimes did so even to those within six months to a year
belonging to rich neighbourhoods
38
- Can be group-based, where nobody in Conditional Cash Transfers
the group will be allowed to borrow - Often aim to reduce poverty by making
unless everybody has paid off loans money contingent on criteria such as
- Often linked to harms to the enrolling children in public schools or
community, including suicide receiving vaccinations
- Andhra Paresh: 80 suicides due to - On average, only cost 0.5% of GDP;
defaulting payments 80% of benefits goes to 40% of the
- Average debt of $660 and average poorest families
income of $1060; hence, 60% of - Survey on Bolsa Familia (Brazil) suggests
income is spent paying off loans money is spent, in order, on food,
- Pressure comes from debt trap of school supplies, clothing and shoes
securing loans to pay off other - Generally regarded as effective
loans combined with public - Bangladesh, Pakistan, Turkey: Closed
pressure because of group-based gender gap in school enrolment rates
co-guaranteeing - Contributed to reduction of poverty
- Often at high interest rates; global in Brazil, which fell 27.7% during the
average is 37% but can be high as 70% Lula administration, as well as a 20%
- More than 1/3 of borrowers in Ghana decrease in inequality
struggled to repay; often resorted to - However, conditionality can exclude
reducing food or taking children out people from communities with no
of school access to clinics or schools, as they are
- Why? High transactional costs, such unable to fulfill conditions
as borrowers being unable to pay and
overhead costs for staff and/or offices Universal Basic Income
- Women comprise 75% of all microcredit - Guaranteed and unconditional sum of
transactions worldwide money given to all citizens or residents
- Why? Have higher repayment rates - Different from welfare because it does
and tend to accept lower loan rates not have any requirements, and is in
than men money
- Sri Lanka: Return on capital for men is - Often seen as an alternative to welfare
11%, 0% or negative for women programs, which yield marginal gains
- However, no evidence of empowering despite spending $20 trillion since 1964
women although goal is to give - May exist in the form of a basic income
women financial inclusion guaranteed to all, or a negative income
- Bangladesh tax where only people paying income
- Women act as mere collection taxes are included, or a wage subsidy
agents for bigger loans and lose - To be implemented in Finland as an
control experiment given economic downtorun,
- Increased dowries and microcredit increasing the need for public spending
used to pay them off - But also expensive; would cost nearly
- In some cases, suffered domestic $4.4 trillion in the US, or four times the
violence for not securing loans current welfare expenditure
- Often use loans for traditional - Alaska’s Permanent Fund, a universal
women’s work like livestock basic income, makes contributions
larger than allocated budget
39
OTHER DEVELOPMENT ISSUES Case Study 1: Canada
Gentrification - First Nations: 634 recognized
- Trend in urban neighbourhoods that indigenous peoples of Canada
result in increase in property values due - Living conditions more comparable to
to increased interest in an environment those in developing nations due to
- Tends to grow in phases, often structural and historical issue, such as
beginning from influx of people in the apathy by the federal government
creative class e.g. artists and bohemians - Court ruling recognized indigenous land
- Criticized for leading to the rights, affecting all land in Canada that
displacement of original residents which is “unceded”, or not subject of treaty or
tend to come from marginalized groups war
- Consequence of higher property - Led to eviction of railway companies
values and a lawsuit against a tar sands
- Studies show that residents of pipeline + energy plants
intensely gentrified groups are more - Totem pole erected over a land that
likely to move out but only by 4% copper and gold miner Taseko has
- Tends to divide cities into advantaged been attempting to establish
and disadvantaged groups - Government response was a
- Residents of gentrified Comprehensive Land Claims policy that
neighborhoods have 11% higher demands First Nations trade away their
credit scores than non-residents, claims to 95% of the land, in return for
mostly because already more affluent some money and piece of land but as
to begin with private instead of collective property
- 2000 to 2013: Income increased by - Also requires First Nations to prove
42% in residents, decreased by 20% claims, making them amass $700 m in
in non-residents debt
- People who move out of gentrified
neighborhoods become vulnerable Case Study 2: Australia
- 21% moved to a poorer area - Grant of land rights followed political
- Credit scores declined by 15% mobilization of Aborigines
- Often urbanized, but 22% live in
Indigenous Land Rights reserves located on old church missions
- Ancestral Domain: gives land rights to - Title given to communities, with some
indigenous people based on ancestry restrictions particularly on selling
- The term “domain” indicates a - In the last decade, 200 claims covering
relationship that is not only material 18% of the continent have been
but also spiritual and cultural aspects approved
- Created in response to trend of
indigenous peoples being displaced
only to become laborers, due to
inability to access legal means for
acquiring ownership of property
- Gives right to control land and mineral
resources
40
- Responded to a mid - 1990s
Economics recession by cutting deficits and
FISCAL POLICIES slowing down public sector debt,
Fiscal Policy in General hence eliminating risk premiums in
- Use of government spending and debt interest rates
taxation to influence the economy - When Ineffective: Europe
- In general, legislated - Great Depression: Germany did not
- Main Stances increase spending, because they
- Contractionary: Spending is lower were afraid that a high spending
than tax revenue to pay down policy would lead to hyper inflation;
government debt unemployment reached 30% and
- Expansionary: Spending is higher radicalism rose, leading to Nazism
than tax revenue to increase demand - UK: Slashed budgets of departments
and stimulate the economy by up to 30% in 2010 to cut budget
- Neutral: Spending is equal to tax deficit; but deficit remains high and
revenue UK was in a double dip recession

Austerity Stimulus Spending


- Higher taxes but lower spending - Higher spending, potentially leading to
- Could lead to lower or negative higher government deficit
aggregate demand, and hence growth - Could lead to higher aggregate
- But reduction in demand can also demand
stabilize prices when inflation is too - But can also lead to inflation because
high of higher demand
- Why lessen deficits? - Why spend despite deficits?
- When economy operates near - In recession, offsets rise in private
capacity, and when government sector saving and injects money into
spends more because they borrow flow
from the private sector, the latter has - When Effective: American Recovery
less to spend and invest, reducing and Reinvestment Act
growth - Saved and created 2.5 million, helped
- Generally also leads to lesser jobs in the economy grow by 3.8% and kept
public and/or private sector, while tax unemployment from reaching 12%
increases also reduce spending and - Protected most vulnerable: increased
consumption spending on welfare, rent subsidies
- When Effective: Canada and emergency housing
- Canadians responded to inflation by - Jump started industries and
indexed wage contracts and investing infrastructure: Extended broadband
in housing, increasing borrowing and to rural communities, revived clean
debt energy projects
- Large budget deficits meant high - When Ineffective: Japan
public debt, hence making investors - Economic stimulus has led to deficit
nervous about holding Canadian spending since 1991
government bonds, hence increasing - Little effect on the economy though
interest debt is now at 240% of its GDP
41
MONETARY POLICIES - Usually used in order to stabilize the
Monetary Policy in General value of a currency by directly pegging
- Process of monetary authority, i.e. it to a more stable or more prevalent
central bank or reserve, of a country currency; hence, exchange rate does
controlling the supply of money not change based on market conditions
- Main Stances unlike in floating currencies
- Contractionary: Money supply shrinks - Makes external trade and investments
or expands more slowly than usual to between the currency areas easier
slow inflation and more predictable
- Expansionary: Money supply - Can also control behaviour by a
increases more rapidly than usual to currency as in limiting inflation
entice expansion - However, currency rises and falls in
relation to its pegged currency; ex:
Monetary Tools/Approaches The Great Depression which spread
- Money Supply due to countries all using the gold
- Mainly involves buying and selling of standard
government bonds - Also prevents governments from
- Alters amount of money in the using monetary policy domestically
economy while affecting the price - Case Study: China
and yield of short term government - Yuan maintains close relationship with
bonds US dollar
- Change in amount of money affects - Devalues currency to keep export
interbank interest rates prices at a competitive level
- Interbank Iending for banks to - Leads to jobs from other countries
comply with reserve requirements being outsourced to China
and manage potential bank runs - But limits purchasing power of
- Money Demand consumers particularly the middle
- Mainly involves setting lending or class
interest rates - However, current policy is to
- Banking Risk strengthen the Yuan for political
- Mainly involves setting banking reasons and to keep capital from
reserves, or amount of money that leaving China
banks are required to have, to control - Depreciation may be used to keep
inflations appreciation gradual as the dollar
- But can lend out money more than rockets upwards
actual reserve - Hence why it joined IMF’s reserve
- Money lent out by banks increases currency
money supply, which may lead to
inflation TRADE POLICIES
See Development
Fixed Exchange Rates
- Currency’s value is fixed against either
the value of another currency, to a
basket of other currencies, or to another
measure of value such as gold
42
CASE STUDIES 1997 Asian Financial Crisis
The Great Depression - Causes
- Causes - Wealth created by export led growth
- Increased money supply and low helped fuel an investment boom
interest rates during the Roaring 20’s - However, most of the boom was
caused rapid expansion, setting up a financed with borrowed money, often
market bubble by governments and in US dollars
- 1929 Crash: Federal Reserve cut due to lower interest rates
money supply by nearly a third, - Investments in infrastructure and real
causing liquidity problems estate were sucking in foreign goods;
- Why? Refused to bail out careless imports were also expanding
banks fearing future irresponsibility - Catalysts
- Protectionist policies: US instituted - Speculative overbuilding led Thai
tariffs, which led to other nations property developers to default
retaliating with their own tariffs and - Financial institutions also failed to
leading to the cutting off of pay its own loans due to property
international trade developers failing to pay
- Effects - Banks borrowed from creditors in
- Stock market burst and investors US dollars and loaned in Baht
dumped shares en masse, making - Speculative attacks of traders
millions of shares worthless selling Baht short to profit from
- Downturn in spending and future declines in the value of the
investment led to unemployment, Baht against the dollar
lower wages, and lower buying power - Thai government used foreign
- Adherence to gold standard in a fixed exchange reserves to purchase
change helped spread Depression to baht, but did not have enough to
the world, especially Europe defend the dollar peg
- Farmers could not afford to harvest - Thai government allowed baht to
crops, hence left them in the fields float freely, causing devaluation
while people starved and doubling the amount of baht
- Bank runs as investors who lost required to serve dollar debts
confidence demanded cash deposits - Effects
- Recovery - Thailand turned to IMF, which
- New Deal policies focusing on relief imposed austerity measures and
for the poor, government spending tax increases; government laid
on infrastructure and agricultural off 16,000 people and deepened
subsidies recession
- Pro labor policies to raise consumer - Speculation hit other Asian
purchasing power and employment countries
- Trade liberalization - Recovery
- Massive war spending in WWII - Nationalization of failing banks
doubled economic growth rates, also and guaranteeing of deposits
stimulating the economies of Europe prevented bank runs
- Growth in money supply due to huge - IMF bailout restructured and
international gold inflows wrote off bad bank debts
43
2008 Financial Crisis European Debt Crisis
- Causes - Causes
- Federal Reserve lowered Federal - Partly influenced by causes of the
funds rate to make economy more 2008 financial crisis, weak growth and
liquid, encouraging home loans competitiveness, large debt to GDP
- Home loans led to appreciation in ratios and liquidation of banks
home prices, encouraging - EU member states failing to stay
investments in subprime mortgages within confines of Maastricht Treaty,
- Loans were distributed via under which countries pledged to
collateralized debt obligations (CDO), limit deficit spending and debt levels
a secondary market on securities for - Countries securitized future
collecting loans government revenues to reduce
- Catalysts debts
- Interest rates started rising and home - Securitization: Pooling debts
ownership saturated selling related cash flows to third
- High interest rates meant more party investors as securities
borrowers defaulted on loans; banks - Inherent complexity allows masking
lost due to bad loans and toxic assets of risk
- Northern Rock, a medium-sized - Catalysts
British bank, requested security from - Greek newly elected government
Bank of England, causing investor stopped masking indebtedness,
panic and a bank run causing fears of sovereign defaults
- Effects - International news media covered
- Bank run on money market funds crisis, exacerbating confidence
interrupted ability of corporations to issue
replace their short-term debt - Lenders demanded higher interest
- Household wealth dropped $14 rates from countries with high debt
trillion, due to drops in housing levels, making it difficult for some
prices, savings/retirement assets, etc. Eurozone governments to repay
- Since CDOs and other securities were - Effects
purchased by investors globally, crisis - Portugal, Ireland, Italy, Greece had
spread into a global economic shock to be bailed out by the IMF and the
- Recovery European Commission with the
- Central banks worldwide purchased European Central Bank
government debt and troubled - Social unrest due to governments
private assets from banks to inject raising taxes and lowering
liquidity to the credit market expenditures
- US response: bail out financial firms - Investors flocked to safer but near
to provide stability, lowered key zero interest rate federal
federal funds rate to provide government bonds as in Germany
additional liquidity, provided direct - IMF austerity measures brought
lines of credit down Greece’s deficit but also
- EU response: Bailouts transferred worsened recession
debts to countries, leading to a - Resistance to the Troika’s terms
sovereign debt crisis in Europe plummeted stock prices
44

Education Experiential Learning


- Learning is about meaningful
THEORIES OF LEARNING experiences that lead to a change in an
Behaviorism individual’s knowledge and behavior
- Learning consists of a change in - Suggests self initiated learning for the
behaviour due to associations between following reasons
stimuli and observable responses - We cannot teach another person
- Uses reward/punishment systems and directly
drill and practice programs - Learners become more rigid under
threat
Cognitive Psychology - Significant learning occurs in an
- Learning is the acquisition of environment where threats are
knowledge, which involves the learner reduced to a minimum
absorbing information and stocking it - Learning occurs in an environment
into memory as a passive recipient of where threat to the learner is reduced
knowledge to a minimum
- Uses lecturing and reading textbooks as
methods of instruction Situated Learning Theory
- Learning occurs most effectively within
Constructivism communities
- Learning involves the active - Covers other communities such as
construction of knowledge in interaction workplaces and organizations
with the environment, hence not just
acquiring knowledge but also 21st Century Learning
interpreting it - Learning must meet demands of the
- Uses a learner centered approach, 21st century, which are driven by
where the teacher is a guide of learning knowledge and technology
and not just a knowledge transmitter - Focuses on group learning and
collaborative work
Social Learning
- Learning is within a social context,
facilitated by concepts such as
observational learning and imitation
- Argues that children learn from
observing others as well as from model
behavior

Socio-Constructivism
- Learning is not independent of
contexts, but an interaction between
the individual and a situation
- Approaches learning as participation
and social negotiation

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