Theory of representation Case Study Example | Topics and Well Written Essays - 2500 words

Theory of representation - Case Study Example The most symbolic event of this political transformation is the recent election of Barack Obama to the office of President. The rest of this essay will critically assess Anne Phillips' "politics of presence" theory of representation, by contrasting it to alternative theories and interpretations forwarded by other scholars. In the introduction to her book 'The Politics of Presence', Anne Phillips states that "most voters know too little about the candidates to make their talents or virtues the basis for political choice. Most voters, indeed, would query whether these should be a central concern. We might all wish to be represented by people we regard as wiser or more able than ourselves, but, faced with a choice between someone more competent and someone whose views we can share, we usually feel safer in giving our support to the latter. The political party provides us with the necessary shorthand for making our political choice: we look at the label rather than the person, and hope we will not be let down." (Phillips, 1998, p.15) The above passage captures the essential dilemma confronting a voter, who is often unsure of which candidate truly represents his/her interests, opinions and beliefs and in turn will help create matching policy measures. Typically, there are no concrete ways in which one can ascertain if a candidate really represents the aspirations of the voter. To this extent the democratic system is said to operate on "the politics of ideas". Anne Phillips' model of representation based on "politics of presence" aims to provide an alternative framework for analyzing representation. At the centre of political representation based on presence is the demand for equality based on gender, race, class and other parameters of a particular democratic society. The well-entrenched politics of ideas, which is the dominant model in the twentieth century, suggests "a broadly secular understanding of politics as a matter of judgement and debate, and expects political loyalties to develop around policies rather than people" (Phillips, 1998, p.16). But either due to the apparent failure of this model of representation or due to the compulsions of modern times, political scientists and public intellectuals are looking at alternative models of representation, based on avenues of "'typical' or 'mirror' or 'random' representation, which they have seen as a better approximation to the old dream of being ruler and ruled in turn, or as a more satisfactory way of ensuring that all interests are adequately addressed" (Phillips, 1998, p.16). Although Anne Phillips does not endorse these radical alternatives to traditional models of democratic representation, the theory based on 'politics of presence' is an effort toward the broader search for alternatives. The politics of presence theory of representation tries to address the sense of political exclusion felt by communities defined by their race, gender or ethnicity. More specifically, the politics of presence "demands for the equal representation of women with men; demands for a more even-handed balance between the different ethnic groups that make up each society; demands for the political inclusion of groups that have come to see themselves as marginalized or

Comparative legal system Essay Example | Topics and Well Written Essays - 3000 words

Comparative legal system - Essay Example In a religious legal system all the religious laws converge to one ultimate concept and that is religion. However in a secular legal system, by contrast, changes and amendments forms a necessary part of the process as the concept of the system is to continuously improve formal law and practices, and their influence on the tradition of life. People and state-welfare is given due importance and the office of jurisdiction is reinforced by guarantees of judicial independence. There are few countries where the legal system is exclusively religious, though some (mainly Islamic countries) aspire to this. It is not only the State that upholds the responsibility of implementing laws in the religious system, even the people seem to share a common ground of 1understanding that no tolerance should be practiced while dealing with violation of the religious laws. On the other hand a large number of countries have secular legal system where the laws are made and enacted with a constant effort to develop the social and financial infrastructure, human rights and freedom. This is well illustrated in the very first words of the First Amendment to the Constitution 2of the United States, which came into force in 1789: â€Å"Congress shall make no laws respecting the establishment of religion†. The United States has many constitutional and statutory guarantees of religious liberty. Most important are two sentences in the Constitution of the United States. The first is the Test Oath Clause, in Article 6, clause 3, which provides: â€Å"[N]o religious Test shall ever be required as a Qualification to any Office or public Trust under the United States†. England has historically required office holders to swear an oath that they believed in essential doctrines of the Church of England, or of Protestantism more generally. The Test Oath Clause prohibits