It’s Time to Stop Corporate Terrorism :: Argumentative Persuasive Argument Essays

It’s Time to Stop Corporate Terrorism Looking at corporate terrorism, homlessness, and the technology gap, it is clear that the profit of large corporations varies indirectly with the improvment of the economy.   When given the opportunity, all companies would take money from the workers and communies and spend it on themselves.   The greed of large corporations is terrorizing communities throughout America.    Corporate terrorism is occurring and millions of people are losing their jobs as corporations claim they need to "stay competitive." (Moore)   Relationships between employers and their employees are dwindling as no credit given to the hard workers. (Terkle)   Instead, their jobs are taken away.   The more profit the company makes the less that goes back to the economic community.   Roger Smith, the CEO of GM, moved his company to Mexico where he could increase profit by paying the workers less. (Moore)   This is a corporate terrorism where "anything goes" seems to the motto.   Corporations are mindlessly discarding whatever is in their way to fulfill their idea of the American Dream. (Derber)   The leftovers are then thrown out to the street with no sense of hope.   The number of homeless citizens increases each year.   â€Å"Homelessness is a problem that is not going away.   There are more homeless people this year than last, and the number keeps growing.† (Grisham)   If corporations would move thier plants back to the communities, new jobs there would to create equal opportunities to all employees where a gap now stands.  Ã‚  Ã‚  Ã‚  Ã‚     Ã‚  Ã‚   The technology gap is increasing.   More people are experiencing that what you earn depends on what you learn.   The rich are getting richer and the poor getting poorer.   The gap will not even out. (Alter)   Recently unemployed citizens are experiencing an American Nightmare.   There are no jobs left. (Newman)   As labor positions decrease, employees cannot find anywhere else to go.   When asked to build a Nike plant in Flint, Phil Night’s response was â€Å"Americans don’t want to work in factories.†Ã‚   The truth is factories are the only thing that some people know.   There is nothing left for these people in their own community. The profit of large corporations should not vary indirectly with improving the economy because it harms more people than it helps.   At the time of the layoffs in Flint, Roger Smith gave himself a one million dollar raise. It is unlikely to expect profiting corporations to overcome the childishness of greed.   Instead of finding work for the previous employers of GM, Smith thought only of himself.

Jung Model by Young Woon Ko Essay

This book examines Carl Gustav Jung’s (1875-1961) theory of synchronicity and discusses the problem of philosophical sources and Yijing (the Book of Changes) that he brings to support his synchronistic principle. By way of the notion of synchronicity, Jung presents the significance of some human experience as unexplainable within the frame of scientific rationality and causality based on logical consistency. Jung asserts that in the phenomenon of synchronicity is a meaningful parallel between an outer event and an inner psychic situation causally unrelated to each other. Jung’s notion of synchronicity is a condensed form of his archetypal psychology, in which the preconceived pattern or the unconsciousness of the human psyche manifests itself. The synchronic event is a phenomenon developed in the unconscious depth of the mind, which is paradoxically made evident within the limit of the conscious mind. Jung theorizes that these ambiguous contents of the unconscious are difficult to be grasped in the conscious mind, because they cannot be verified simply as true or false. For the theory of synchronicity, Jung seeks to verify that paradoxical propositions can be both true and false or neither true nor false in a complementary relation between the opposites of the conscious and the unconscious. Jung argues that synchronistic phenomena are not the issue of true or false performed by the logical certainty of conscious activity but rather are events formed in the process of the unconscious in response to ego-consciousness. In order to  examine the validity of his principle of synchronicity, Jung appeals to the philosophical systems of Gottfried Wilhelm Leibniz (16461716), Immanuel Kant (1742-1804), and Arthur Schopenhauer (17881860). For Jung, these philosophical sources of synchronicity support his criticism of the absolute validity of scientific rationality in which all obscure and paradoxical statements are eliminated in logical reasoning, and they clearly indicate the limitation of human knowledge based on scientific causality and logical reasoning. In contrast to the NewtonianCartesian mechanical model, which pursues the absolute knowledge of objective reality by way of which the subject-object and the mind-body dichotomy is formed, Jung’s model of synchronicity posits an interrelationship between these contrasting poles. viii Introduction However, it is important to point out that in his development of his synchronistic principle, Jung adapts his reading sources sporadically so that some of his arguments become procrustean. In Kant’s critical philosophy above all does Jung’s philosophical source for sustaining his archetypal psychology and synchronicity culminate. Jung advocates for the spaceless and timeless outside human reason and sensory perception, as described in Kantian epistemology, as a source for the theory of synchronicity. Kant draws the border for the limits of human reason within space and time and develops the notion of the thing-in-itself as the spaceless and timeless beyond human knowledge, the noumenon. He solves the problems of any antinomy or paradox emerging in human perception and experience in phenomenon by returning to the logical of Aristotle (384-322 BCE), in which antithetical propositions are demarcated by the contrast of true and false. Although Kant’s notion of noumenon can support the principle of synchronicity, which is not grasped in sensate empirical data, Kant focuses on the limits of human knowledge and experience, so that he constructs no proposition about noumenon. In this fashion Kant’s noumenon distinguishes itself from Jung’s principle of synchronicity constructed by the balance of paradoxical elements. For Jung, the issue of the empirical phenomenal world is the main factor for his analytical psychology based on experiential data and facts. It is in his culling of discrepant views from his philosophical sources for supporting his theory of synchronicity that Jung has difficulty in maintaining a consistent meaning of the phenomenon of synchronicity. I examine Jung’s method of validity and his philosophy of science, which bring other philosophical and psychological concepts to support his principle of synchronicity, particularly Plato’s (427-347 BCE) idea of form, Leibniz’s monadology, Kant’s thing-in-itself, Schopenhauer’s notion of will, Sigmund Freud’s (1856-1939) dream interpretation, and Wolfgang Pauli’s (1900-1958) theory of modern physics. I explore how those reading sources verify Jung’s synchronistic principle and also point out their differences from Jung’s discussion of synchronicity. The purpose of citing the similarities and differences between Jung’s synchronicity and his reading sources is to clarify how Jung attempts to set his distinctive claim for synchronicity form his partial adaptation. Jung’s synchronistic principle can be understood within a dynamic structure of time, which includes the past, the present, and the future. Given this view of time, Edmund Husserl’s (1859-1938) phenomenological method of time-consciousness becomes a key for understanding the time structure of Jung’s synchronicity. Jung’s view of time that is developed in the synchronistic principle can be clarified by way of phenomenological Jung on Synchronicity and Yijing: A Critical Approach ix time-consciousness, which is not the issue of time-in-itself but that of â€Å"lived experiences of time. † Husserl opposes the dualistic distinction between the phenomenon and thing-in-itself. To put it another way, he rejects the Kantian boundary of human knowledge by which one does not continue to practice one’s intentional activity to the given object but ascribes the object itself to the unknowable. For Husserl, all that is meaningful can be knowable to our intuition. The dichotomy of thing-initself and thing-as-it-appears (noumenon-phenomenon) is an illegitimate concession to dualistic metaphysics. In other words, thing-in-itself can result from the activity of human imaginative intuition in Husserl’s phenomenology. The reason for opposing such dualism is closely related to the perceptive mode in the phenomenological method in which the present is not the atomic present but the present draws on the past and the future. This unified whole of time does not correspond to the timeless in the view of thing-in-itself. Unlike Kant’s way based on the rationalist tradition in the subject-object distinction, Husserl’s phenomenology, based on experience and intuition in the duration of time, can collaborate with Jung’s view of time. The synchronistic moment that Jung presents is the phenomenon always involved in subjective experience and intuition, which are developed in the duration of time. The synchronistic phenomenon is not transcendent or the objective flowing of time-in-itself regardless of our subjective experience. Finally, I examine Jung’s discussion of Yijing, one of the primary classics in the Chinese traditions, for his theory of synchronicity. I discuss the distinction between the two by pointing out the perspective of Yijing uncovered from Jung’s partial understanding. Then I explore how the organic model of Yijing can supplement Jung’s theory of the synchronistic relation between the psyche and the physical event by looking to the process of change in the development of time. Through his reading of Yijing, I also discuss Jung’s notion of the divine developed in the synchronistic principle. Jung regards the images of yin-yang interaction developed in the text of Yijing as the readable archetype and the symbolic language of Yijing as driven from the archetypes of the unconscious. Yijing specifies the phenomena of changes that our ego-consciousness cannot grasp. In this fashion, within the text of Yijing is the principle of synchronicity by way of archetypal representation, which is prior to ego-consciousness. By focusing on a method of oracularity, Jung maintains that the hexagrams of yin and yang attained by the odd and even numbers formed by dividing the x Introduction forty-nine yarrow stalks or throwing three coins down together display the synchronistic relation between the participant’s psychic world and the physical world. This method of Yijing is conducted by emptying the egoconsciousness and drawing upon the dimension of the unconscious via archetypal representation. An encounter with a wider horizon of the mind can be explained as the process of self-cultivation in the East Asian tradition. Jung articulates this process as the process of individuation, or self-realization through the realization of a balance between the conscious and the unconscious. According to Jung, the phenomenon of synchronicity refers to the close connection between the archetypal vision of the unconscious and the physical event. Such a connection is not simple chance but rather is a meaningful coincidence. In particular, Jung’s psychological interpretation of the divine clarifies the religious significance of the relationship between the human mind and the supreme ultimate developed in the Yijing context. Jung examines the human experience of God in the inseparable relation between the divine and the human unconscious. Jung’s discussion of the divine is developed by examining the archetypal process of the unconscious shown in the experience of synchronicity. The human experience of God, as an unconscious compensation in response to ego-consciousness, is the religious and theological motif that Jung brings into his discussion of synchronicity and archetype. That is, Jung’s notion of the religious self is derived from the experience of self-transformation, which is performed through the archetypal representation of the divine. In this sense divine nature is always known and constructed in-and-through the human mind. From Jung’s perspective, God is God-within-the-human mind. Yet, Jung’s argument concerning God is different from the idea that God is the result of individual psychic phenomenon. Jung relates God to his notion of the collective unconscious of the human mind, which is beyond the personal dimension of the mind. Jung defines the divine character in relation to the universal and collective dimension of the human mind. The definition of the Supreme Ultimate in the Yijing tradition has been often identified with non-religious form in the absence of divine character and transcendent reality. However, the concept of the Supreme Ultimate cannot be attributed simply to the non-religious tradition in terms of Jung’s interpretation of God experienced through the human mind of the unconscious. According to Jung the image of God through the unconscious represents the wholeness encompassing the contrasting poles of good and evil in their compensatory relationship. This can be an analogical model for developing the divine and religious image of the Jung on Synchronicity and Yijing: A Critical Approach xi Supreme Ultimate in the Yijing tradition, which represents the balance of the opposites through the yin-yang interactive process. Yet, it is in his culling of discrepant views from his sources for supporting the theory of synchronicity that Jung has difficulty in maintaining a consistent meaning of the phenomenon of synchronicity. Jung’s concept of archetype as the a priori form of the human mind, which is the basis of synchronicity, shows a clear distinction from the central theme of Yijing as the principle of change and creativity in time and the empirical world. This distinction well represents the distinction between Jung in the Platonic and Kantian Western tradition and Yijing in the East Asian tradition in which ultimate principle is constructed in the dynamic process of the empirical world rather than the a priori. In this sense Jung’s points of view about Yijing are formed through his theory of synchronicity rather than through actual usage of or an immersion into the Yijing cultural system. Jung’s application of Yijing into his argument of the timeless with his notion of archetype exhibits a theory-laden observation. This observation articulates his difference from the Yijing tradition based on the principle of change that posits great value to the time-factor of the phenomenal world. Jung’s phenomenon of synchronicity ascribed to the representation of the archetype as a priori form can be seen as reductive in terms of Yijing, which posits the sources of various empirical data in the concrete phenomenon of change in the world. Also, Jung’s explanation of archetype itself has difficulty, consistent with his partial application of Kantian noumenon. While Jung argues the archetype as a priori form unknown to the empirical world, he also brings it into the synchronistic event, which Jung regards as an empirical phenomenon. In this regard the relation between ultimate principle and the empirical world developed in the Yijing tradition can intensify Jung’s attempt to draw the pattern of the archetype into the phenomenal world. To put it another way,  ultimate principle or pattern formed in the interaction of human mind and nature in Yijing can become a model for the meaningful relation between the mind and nature that Jung argues in phenomena of synchronicity. Given this model of Yijing, Jung’s a-causal connecting principle and archetypal representation can be understood in a pattern constructed within the principle of change and creativity in the dynamic structure of time rather than from the point of view of a transcendent absolute form of knowledge beyond human experience. CHAPTER ONE JUNG’S ARCHETYPAL STRUCTURE OF THE PSYCHE AND THE PRINCIPLE OF SYNCHRONICITY In this chapter I introduce the principle of synchronicity in relation to the notion of the collective unconscious and explain how Jung identifies the synchronistic phenomena with an unconscious process of the human mind. The Collective Unconscious, Instinct and Archetype, and Archetypal Images for the Theory of Synchronicity Jung’s project on synchronicity as a meaningful coincidence dates from 1925 to 1939 during which he opened a series of seminars at the Psychological Club in Zurich. 1 It is from this period that his theory of synchronicity becomes a major part of his analytical psychology, even though he only first publishes his essay On Synchronicity in 1951 and then revises it in 1952 with the name Synchronicity: An Acausal Connecting Principle. With the notion of synchronicity, Jung attempts to show the archetypal process of the human psyche, which is driven from the a-priori form or primordial image deeply rooted in human unconsciousness. Jung argues that the depth of the psyche is closely associated with an outer event through the synchronistic moment. He maintains the following in his essay on Synchronicity: If, therefore, we entertain the hypothesis that one and the same (transcendental) meaning might manifest itself simultaneously in the human psyche and in the arrangement of an external and independent event, we at once come into conflict with the convention of all scientific and epistemological views. . . . Synchronicity postulates a meaning which is a priori in relation to human consciousness and apparently exists outside man. 2 2 Chapter One Jung focuses on the non-causal dimension of the human experience irreducible to the cause-effect system of mind and nature. Jung argues that the correspondence of the inner psyche to the outer event is performed by the archetypal representation derived from the collective unconscious, which is beyond the individual self. Therefore, the synchronistic phenomenon cannot be properly described by the causal relation between mind and nature according to traditionally-Western logical reasoning. Jung’s notion of synchronicity is based on the concepts of collective unconsciousness, which is composed of instinct and archetype and the archetypal image; these elements are correlative with one another for the whole scheme of his psychology. According to Jung, collective unconsciousness refers to the deepest layer of the human psyche. It is given by birth and greatly influences one’s psyche in various ways without being recognized by one’s consciousness. Jung distinguishes this collective area of the unconscious from the personal dimension of the unconscious. The former, the â€Å"collective unconscious,† is shaped a priori and reveals universal phenomena throughout all humankind beyond time and space. The latter, based on particular experiences of individuals, refers to a dim state of the personal psyche (or memories), which have disappeared from ego-consciousness by being repressed and forgotten. Jung calls this â€Å"the personal unconscious. †3 Although â€Å"collective† and â€Å"personal† are easily distinguished in their definitions, those two words convey a complex of meanings in describing the unconscious aspects of human experience. The notion of â€Å"the unconscious† indicates an obscure phenomenon not grasped in any conscious knowledge, so that it is very difficult to be described in a linguistic manner. In other words, whether the unconscious is the personal or the collective is not clearly distinct in our psychic experience. From this meaning structure of the unconscious, Jung presents the concept of collective unconscious in an attempt to distinguish himself from Sigmund Freud and to establish his own psychological system. Jung writes the following about Freud’s description of the unconscious: In Freud’s view, as most people know, the contents of the unconscious are reducible to infantile tendencies which are repressed because of their incompatible character. Repression is a process that begins in early childhood under the moral influence of the environment and continues throughout life. By means of analysis the repressions are removed and the repressed wishes made conscious. 4 Jung’s Archetypal Structure of the Psyche and the Principle of Synchronicity 3 Thus does Jung see Freud’s notion of the unconscious including the process of repression by the ego-consciousness. In a conflict between one’s situational limitation and infantile wishes, the repressed psychic contents remain unconscious, a situation which can also bring forth various types of symptoms and neuroses in the process of one’s wishfulfillment. By regarding this Freudian notion of the unconscious as only part of what makes up the unconscious, Jung seeks to extend its meaning: According to this [Freud’s] theory, the unconscious contains only those parts of the personality which could just as well be conscious, and have been suppressed only through the process of education. Although from one point of view the infantile tendencies of the unconscious are the most conspicuous, it would nonetheless be a mistake to define or evaluate the unconscious entirely in these terms. The unconscious has still another side to it: it includes not only repressed contents, but all psychic material that lies below the threshold of consciousness. 5 Jung turns around the relation between the conscious and the unconscious through his criticism of Freud. He maintains that the realm of the unconscious does not originate in the deposit repressed from the conscious but rather the conscious sprouts from the unconscious. Of course, this turning point does not suggest Jung’s overall denial of Freud’s notion of the unconscious. Jung is greatly influenced by Freud’s psychoanalytical method and develops his major psychological concepts within the context of his discussion about Freud, who elaborated the correlation between egoconsciousness and unconsciousness in a scientific manner. Jung affirms and advances Freud’s idea that the unconscious emerges in person’s fantasy, lapse of memory, neurosis, and symptoms, the expressions of which also appear in the person’s dreams. Yet, Jung’s dissatisfaction with Freud’s method occurs at the point where Freud reduces all the sources of the unconscious to the contents of the infantile wish repressed from the conscious and focuses on those contents in terms of the instinctual drive. It is from this criticism that Jung posits the presence of the unconscious that encompasses the deeper level of the human psyche, which Jung calls the collective unconscious. The psychic contents of the collective unconscious are based upon non-sensory perceptions. Jung’s collective unconsciousness includes archaic vestiges inherited from ancestral experiences and thus directly unknown to the percipient’s experience. Jung differentiates the collective from the personal unconscious as follows: 4 Chapter One The collective unconscious is a part of the psyche which can be negatively distinguished from a personal unconscious by the fact that it does not, like the latter, owe its existence to personal experience and consequently is not a personal acquisition. While the personal unconscious is made up essentially of contents which have at one time been conscious but which have disappeared from consciousness through having been forgotten or repressed, the contents of the collective unconscious have never been in consciousness, and therefore have never been individually acquired, but owe their existence exclusively to heredity. 6 Jung’s exploration of the psychical dimension outside the phenomenal world limited in time and space is based on his assumption of the collective unconscious. According to Jung, the scope of consciousness is narrow in comparison with that of unconsciousness. Human consciousness functions simply with some contents in a given situation but does not embrace the whole feature of the psyche. These contents of the collective unconscious are commonly found at a deep level of the psyche throughout all of humankind. 7 The contents of the collective unconscious, therefore, become the source of the production of mythical and religious motifs with the nonrational dimension of the human experience. Jung attempts to derive the concrete and immediate features of the psyche from the notion of the collective unconscious. From his perspective, rationality results from the process of abstract reasoning from psychic data grasped in consciousness. Jung introduces and employs the concepts of the collective unconscious in Wandlungen und Symbole der Libido in 1912 (translated as The Psychology of the Unconscious), which is later revised under the title Symbole der Wandlung in 1952 (Symbols of Transformation). According to Jung, Creative fantasy is continually engaged in producing analogies to instinctual processes in order to free the libido from sheer instinctuality by guiding it toward analogical ideas. . . . The libido has, as it were, a natural penchant: it is like water, which must have a gradient if it is to flow. The nature of these analogies is therefore a serious problem because, as we have said, they must be ideas which attract the libido. Their special character is, I believe, to be discerned in the fact that they are archetypes, that is, universal and inherited patterns which, taken together, constitute the structure of the unconscious. 8 By using the metaphor â€Å"water† for the flow of libido, Jung brings the character of perceptual direction to the psychic structure. Libido is the energy producing the psychic quality that transmits the unconscious Jung’s Archetypal Structure of the Psyche and the Principle of Synchronicity 5 contents (such as creative fantasy or imagination) into the conscious. This process of libido is not developed simply in a repetitive and quantitative pattern but in a specific way as in the direction of water-flow. Libido does not mean the phenomenon of energy that manifests simply quantitative character. As Volney Gay makes the difference between energy and libido, â€Å"it [energy] is purely quantitative and relative, not qualitative and particular. Yet libido has special negative qualities (need, displeasure, unlust) and special positive qualities (pleasure and satisfaction). †9 Libido refers to the particular character of the psyche with qualitative energy that shows one’s own inclination. Jung attempts to connect the notion of libido with archetype by indicating that the libido is not driven only by the instinctual dimension. According to Jung libido per se is deeply rooted in archetype as the a-priori form of the psyche. Archetype is the ultimate factor of the unconscious that brings the libidinal flowing into the specific form of the psyche. While instinct means behavior itself appearing in its natural process, archetype is the apriori form of instinct itself or self-recognition of instincts. 10 To put it another way, Jung maintains that archetype is a form of idea or pattern leading instinctual energy. In this definition of archetype, libido refers to the psychic process developed in archetypal structure, which links instinctual elements with a particular pattern. Both instinct and archetype for Jung are the elements comprising the collective unconscious. These two are not personally acquired but inherited factors in the structure of the unconscious. Yet, while instinct is concerned with all unconscious behavior and physiological phenomena as the basic process of human existence, archetype is defined as the phase prior to instinct. In other words, archetype is concerned with one’s own idea, perception, and intuition formed in the deep level of the unconscious. Jung supposes that the archetype is the fundamental root providing the psychic experience with a certain character in a definite fashion. The relation between archetype and instinct is as follows: We also find in the unconscious qualities that are not individually acquired but are inherited, e. g. , instincts as impulses to carry out actions from necessity, without conscious motivation. In this â€Å"deeper† stratum we also find the a priori, inborn forms of â€Å"intuition,† namely the archetypes of perception and apprehension, which are the necessary a priori determinants of all psychic processes. Just as his instincts compel man to a specifically human mode of existence, so the archetypes force his ways of perception and apprehension into specifically human patterns. The instincts and the archetypes together form the â€Å"collective unconscious. †11 6 Chapter One Thus is the relation between archetype and instinct not antagonistic but correlative in the constitution of the collective unconscious. Psychic energy such as creative fantasy and imagination should be considered the transformation of instinct in the innate form of archetype. â€Å"Both (instinct and archetype) are real, together they form a pair of opposites, which is one of the most fruitful sources of psychic energy. There is no point in driving one from the other in order to give primacy to one of them. †12 In this manner Jung accentuates the complementary relation between instinct and archetype as aspects of the collective unconscious. Whereas instinct can be known scientifically in the disciplines of physiology or neurology in relation to the body-ego,13 according to Jung, the character of archetype as the unknown reality is not grasped in our perception. Jung writes that â€Å"even if we know only one at first, and do not notice the other until much later, that does not prove that the other was not there all the time. † 14 Jung’s statement indicates that our archetypal knowledge cannot be identified with the physical world. He argues that archetype cannot be grasped by our knowledge and understanding; archetype is not known in itself but represented in different images of our life. In an attempt to distinguish the quality of archetype from instinct, Jung uses metaphors of color. The instinctual image is to be located not at the red end but at the violet end of the colour band. The dynamism of instinct is lodged as it were in the infra-red part of the spectrum, whereas the instinctual image lies in the ultra-violet part. If we remember our colour symbolism, then, as I have said, red is not such a bad match for instinct. But for spirit, as might be expected, blue would be a better match than violet. Violet is the ‘mystic’ colour, and it certainly reflects the indubitably ‘mystic’ or paradoxical quality of the archetype in a most satisfactory way. 15 The reason the color of violet as a metaphor helps to understand archetypal images is the fact that it is not at the same level as other colors but rather is the color encompassing several other colors. While â€Å"red† or â€Å"blue† refers to a distinctive color, â€Å"violet† consists of the combination of such colors, thereby becoming analogous to the paradoxical images of archetype. With reference to this quality of colors, Jung uses another metaphor, ultra-violet, to suggest the invisible portion of the spectrum beyond the color of violet, archetype itself. Just as ultra-violet shows the character of the meta-color (i. e. , color of colors), so is archetype itself the ultimate form prior to the differentiation between mind and body or spirit and instinct. Jung’s Archetypal Structure of the Psyche and the Principle of Synchronicity 7 Jung’s use of violet as a metaphor is not a perfect fit for archetypal image. Whereas archetypal image is driven from the a-priori form of our experience, violet comes from the a-posteriori form that results from the mixture of different colors. Despite this difference Jung characterizes violet as the color that receives other colors, rather than as to the name for a particular color. Violet is a compound of blue and red, although in the spectrum it is a colour in its own right. Now, it is, as it happens, rather more than just an edifying thought if we feel bound to emphasize that the archetype is more accurately characterized by violet, for, as well as being an image in its own right, it is at the same time a dynamism which makes itself felt in the numinosity and fascinating power of the archetypal image. 16 As violet appears in some combination of different colors but is not simply definable for its color itself like red or blue, so archetypal representation is expressed in diverse images of the phenomenal world but not easily grasped by our perception. In this manner, we cannot define archetype per se, which is not simply located in our perception. Archetype is represented by paradoxical features rather than clear-cut contents of a concrete notion. Because the archetype is a formative principle of instinctual power, its blue is contaminated with red: it appears to be violet, again, we could interpret the simile as an apocatastasis of instinct raised to a higher frequency, just as we could easily derived instinct from a latent (i. e. , transcendent) archetype that manifests itself on a longer wave-length. Although it can admittedly be no more than an analogy, I nevertheless feel tempted to recommend this violet image to my reader as an illustrative hint of the archetype’s affinity with its own opposite. The creative fantasy of the alchemists sought to express this abstruse secrete of nature by means of another, no less concrete symbol: the Uroboros, or tail-eating serpent. 17 Jung maintains that archetype refers to the symbolic phase of the pre-ego status, which is unknown to human consciousness. Through the example of the uroboros, Jung defines archetype as the non-differential feature and the wholistic image of the universe before the emergence of the ego. This means that archetype is not a certain stage of the ego-development but affects its whole stages. By way of this, archetype refers to the united form between individual and the collective, the psyche and the physical event, the subject and the object, the human being and nature. These opposite characters can become antagonistic in their separation by the emergence of the ego-consciousness but paradoxically united and 8 Chapter One undifferentiated in the archetype. According to Jung, the archetype itself is distinguished from archetypal representations. Like the invisible character of ultra-violet, archetype is the non-differential or â€Å"irrepresentable† form. The archetypal representations (images and ideas) mediated to us by the unconscious should not be confused with the archetype as such. They are very varied structures which all point back to one essentially â€Å"irrepresentable† basic form. The latter is characterized by certain formal elements and by certain fundamental meanings, although these can be grasped only approximately. The archetype as such is a psychoid factor that belongs, as it were, to the invisible, ultraviolet end of the psychic spectrum. It does not appear, in itself, to be capable of reaching consciousness. I venture this hypothesis because everything archetypal which is perceived by consciousness seems.

AFSPA an Alleged Failure - Free Essay Example

Sample details Pages: 15 Words: 4453 Downloads: 3 Date added: 2017/06/26 Category Law Essay Type Research paper Did you like this example? 5. AFSPA an Alleged Failure. As per certain sections of the society, The AFSPA has neither solved the insurgency in the North East nor terrorism in J K .Besides it is is disliked by the local public and hence warrants a review. Don’t waste time! Our writers will create an original "AFSPA an Alleged Failure" essay for you Create order In fact, as per critics of the act, the decision to review the act after public agitation speaks of Indian democratic strength, however failure to take this ahead indicates lack of political will. A test of a law is its effectiveness. The AFSPA has failed to deliver and is discriminatory . Its review is hence essential as a democratic country cannot have a law that defends guilty persons with impunity.1 6. Various HR organizations have also repeatedly highlighted many shortcomings of AFSPA Certain important aspects against the act are enumerated in succeeding paragraphs.2 7. Indian Laws and Rights of Citizens.. Several court cases challenging the constitutionality of AFSPA are pending before the Supreme Court. The following provisions of the Indian laws are alleged to be impinged by this act:- (a) Violation of Right to Life. Article 21 of the Constitution guarantees the right to life to citizens of our country. This right has allegedly violated by Section 4 of this act. . (b) Violation of Right of Equality Before Law. Article 14 of the Constitution ensures equality before law. People residing in areas declared as disturbed have been denied this right because of Section 6 of AFSPA which prevent the citizens from filing a suit against any personal of armed forces without prior sanction of Central Government. (c) Violation of Protection Against Arrest . As per Section 22 of our Constitution, any person arrested is to be informed regarding the causes for the arrest and produced before a magistrate within 24 hours . The AFSPA violates these provisions as the armed forces allegedly detain the accused without officially declaring the arrest leading to HR violations. (e) The AFSPA Violates Indian Criminal Procedure Code (CrPC). (i) Use of Minimum Force . The Criminal Procedure Code lays out the procedures that police is to follow for carrying out arrests and searches . CrPC also advocates use of minimum force for dispersing an unlawful assembly. No such provisions exists in any sections of Armed Forces Special Powers Act. (ii) Obsolute Powers to All Ranks less Sepoy. An executive magistrate or police officer not below the rank of a sub inspector is authorised to disperse any unlawful assembly. In Armed Forces Special Powers Act, all members of the armed forces less a sepoy have been vested with such powers. (iii) CrPC does not advocate force to the extent of causing death unless they are accused of an offence punishable by death. The same rule does not pertain to Armed Forces Special Powers Act. (f) Limited Remedy to the Alleged Victim. Section 6 of AFSPA violates Section 32(1) of the constitution that provides the right to move the Supreme Court in case of any violation of basic fundamental rights .Under AFSPA, prior sanction is to obtained from Centre Government before a case can be filed in court. (g) Absolute Powers Without State of Emergency. AFSPA grants likes of emergency powers to the armed forces without declaring a state of emergency un the country which is considered contrary to the constitution. 8. In Contradiction To International Laws. HR organisations including United Nations Human Rights Commission have stated that AFSPA violates the various provisions of United Nations Universal Declaration on Human Rights and other International Laws. They include violation of the rights to free and equal dignity, non discrimination based on creed or religion, right to life, security and equality before law etc. Certain important facets of AFSPA which allegedly violate International Laws are given under:- (a) International Covenant on Civil and Political Rights (ICCPR). Following the ICCPR some of the rights of citizens e.g. right to life, protection against torture etc continue to be non derogable even during state of emergencies. It is alleged that AFSPA outrightly violates both these derogable and non derogable rights. ICCPR also guarantees that a person who is arrested has the rig ht to be aware of the reason for his arrest. This provision has also been violated by the AFSPA as there is no obligation towards informing the person of reasons for arrest. (b) International Customary Law. The AFSPA ,as per UN violates the UN Code of Conduct for Law Enforcing Officials in terms of use of minimum force to the extent of causing death in addition to similar provisions present in most international laws. 9. Views of UN on AFSPA. The UN has also criticised India for continuing with laws including AFSPA which it believes breaches international human rights standards .The United Nations has asked New Delhi to repeal the AFSPA besides raising the issue of alleged disappearance of people in Kashmir. In 2009, the UN Commissioner for Human Rights Navnetham has stated that India should repeal the out dated and colonial-era laws including. These range from laws which provide the SF with excessive emergency powers, including the AFSPA. In 1997, the UN Human Rights Committe e stated that by imposing AFSPA, the government is in fact using emergency powers without following the procedures laid down in the International Covenant of Civil and Political Rights. Again in 2007, the Committee on the Elimination of Racial Discrimination unequivocally urged the government of India to repeal the Act within one year.3 13. A Law thats Past its Use-by Date. If the armed forces are required to be used within the country to deal with insurgencies and other serious internal disturbances, it is reasonable to expect that they should have the right to use force. Hewever, the requirements of democracy and even military discipline make it imperative that the right be exercised at all times and places in a lawful and reasonable manner. Regardless of what specific statutes may authorise, the use of force in both international and municipal law is considered reasonable only when it satisfies the twin tests of necessity and proportionality. It goes without saying that rules governing the use of force are meaningful only when there is some mechanism to ensure compliance. International law is often criticised for the absence of such a mechanism, especially when it comes to disciplining powerful states. But there is no excuse for civilised societies failing to take action when the laws that define what kind of violence is permissible are wilfully violated. The Armed Forces (Special Powers) Act, 1958, which grants soldiers far-reaching powers to arrest and kill, has impunity scripted into it and needs to be reviewed. 14. Prevailing Environment in The Country against AFSPA. A number of rallies, protests, conferences and seminars have been held all over India for discussing the inhuman nature of AFSPA . Student bodies have organized similar protests in every nook and corner of India which led to do something syndrome thereby forcing the govt of India to form the C Upendra Commission to investigate the alleged rape case in Manipur and another AFSPA Review Committee under the chairmanship of Jeevan Reddy (Retd Judge of SC). Many human rights groups operating in India as well as many international organizations like Amnesty International, Asian human rights commission and UN human rights committee have also expressed the genuine desire for repealing the said act or to erase the inhuman clauses which are present.4 15. Jeevan Reddy Commission. Demand for repeal or review of Armed Forces Special Powers Act has been made since long. Various political leaders also have made promises from time to time to review the act. However, no concrete steps were taken in this direction till visit of the Prime Minister to Manipur in November 2004. During this visit the Prime Minister promised to consider the demand of various organisations on the subject. Accordingly a commission was set up by the Central Government on 19 November 2004 to recommend necessary changes in the existing act or to replace the act with a more humane act. The commission was headed by Mr BP Jeevan Reddy, former judge of the Supreme Court with four other members. The commission submitted its report to the Central Government in August 2005. The government is yet to take any decisions on the recommendations made by the commission. Some of the important aspects of the recommendations of the commission are as follows5:- (a) Armed Forces Special Powers Act should be repealed. However army should remain functional as at present. (b) Unlawful Activities (Prevention) Act, 1967 as amended in 2004 should be made the only law to deal with all types of internal security problems including insurgency and terrorism. (c) A chapter should be added to facilitate the employment of armed forces in the existing Unlawful Activities (Prevention) Act, 1967 as amended in 2004. The draft chapter was included in report of the commission compatible to democratic principles.6 Aspects in Favour of AFSPA 14. However ,all aspects of AFSPA need to be studied in detail to arrive at a logical conclusion. The emerging internal security situation, security threats and the concerns of the SF also need to be factored at the operational levels. The issues favouring AFSPA are mentioned in the succeeding paras. 15. AFSPA not Violating Constitution. The various provisions of the AFSPA emanate firmly from within the spirit of the constitution and vision of our founding fathers. Section 3 of the AFSPA clearly lays down that when the conditions in a state are disturbed and dangerous for National Security, then the armed forces are to be used to prevent activities involving terrorist acts directed towards overawing the government as by law established or striking terror in the people or alienating any section of the people or adversely affecting harmony amongst different sections of the people. The promulgation of AFSPA is carried out in such threat like circumstances. It is only when the ordin ary citizen gets overawed that the government decides to promulgate the act in the disturbed area. The verb  Ãƒâ€šÃ‚  Ãƒâ€šÃ‚  Ãƒâ€šÃ‚   striking terror and affecting the harmony needs to be understood in the correct perspective. Should the state permit ordinary citizen to be terrorised and harmony in the country be compromised in the face of blatant misuse of human rights by terrorists and insurgents? Isnt it the duty of the State to maintain harmony amongst the citizens of the state? These are a few questions which the detractors of AFSPA need to answer. 16. Growth of Arbitary Powers a Rhetoric. The rhetoric that AFSPA   grants arbitrary powers to the armed forces to shoot at sight, arrest people as they desire, conduct searches without evidence and demolish structures is totally baseless with an aim to malign the SF. It is pertinent to analyse the rhetoric indulged by the human rights organisations against the Indian Army in the right perspective as given under:- (a) Firstly, certain accusations pertain to the mishandling of situation arising out of assembly of a group of people and consequent violence. The AFSPA in no way prohibits peaceful assembly of people. It is the blatant misuse of such assembly to foment trouble and overawe the state that needs to be addressed. Such gatherings are aimed to manipulate public sentiments by anti-national/social elements to carry out subversive activities. (b) Secondly the cases pertaining to the so- called human rights violations young male members of a house disappearing in Jammu Kashmir, Assamese civilians getting caught in army cross-fire, electric shocks being used as a common torture tool in Punjab, student protestors shot dead by the security forces in the Garo Hills in Meghalaya, civilians abused in the name of counter-insurgency in the border villages of Arunachal Pradesh and other cases need to be seen in the correct perspective. AFSPA Para 4(b) lays down that a competent officer if he is of opinion that it is necessary to do so, may destroy any arms dump, prepared or fortified position or shelter from which armed attacks are made or are likely to be made or are attempted to be made, or any structure used as training camp for armed volunteers or utilised as a hide-out by armed gangs or absconders wanted for any offence. The contingency quoted in the clause pertaining to the misuse of civil structure for waging war against the state is in no way a warrant for wanton destruction which the human right groups allege against the army. Disappearance of citizens is viewed very seriously and strictest possible disciplinary action against the defaulter is taken swiftly by the Army. (c) As regards the provision of arrest and search powers given under the Act, as per the basic tenets of the Constitution, the arrested persons are handed over to the civil police within a stipulated time-frame. The presence of civil police including women police at all times is also mandato ry during operations. (d) The authority to search without a search warrant has a connotation that has to be understood in the correct perspective. The anti-national elements make use of civilian assets to wage war and create unstable conditions. The need to prevent them from succeeding in their designs requires that the infrastructure support these elements enjoy must be addressed to in a cogent manner. Besides waiting for arrest warrants will delay the launch of swift operations and loose exploitation of fleeting opportunities.7 17. Protection of Soldiers for Actions is in Good Faith and Not For Blanket Immunity. The soldiers and officers of the army have to be protected from prosecution for consequential action taken against insurgents in good faith as part of their operations. Here too, the Act does contain the important caveat that the army personnel can be prosecuted with the Centres sanction, if their actions warrant it. There is, therefore, no blanket immunity from the laws of the land. Over the years, some army personnel have indeed been prosecuted where a prima facie case existed. However, it is also true that due to the exceptional care which all army commanders take when their troops are employed against insurgents, such cases are few and far between. 18. Legal Authority For Army is Mandatory to Fight Terrorism. The army is designed and structured for fighting external enemies of the nation. Consequently, they are not given any police powers. However, when the nation wants the army to conduct counter-insurgency and counter-terrorist operations, then they must be given the legal authority to conduct their operations without the impediment of getting clearances from the higher authorities . If this is not done, they would be unable to function efficiently and defeat the insurgents and terrorists at their own game. It is for this reason that the Act gives the basic four powers to army personnel. These are for enter and search, arrest without w arrant, destroy arms dumps or other fortifications and fire or use force after due warning where possible. Once again, there is a safeguard in the Act, which stipulates that the arrested person(s) will be handed over speedily to the nearest police station.8 19. Disturbed Area Declaration By Political Authority Overrides AFSPA. The law stipulates that AFSPA can be imposed only after the area in question is declared a disturbed area by the state government concerned. Clearly, the Army has no desire to get embroiled in counter-insurgency tasks. However, despite over 50 years of insurgency in our country, the state police as well as the central police forces (CPOs) have not been made capable of tackling insurgency. Consequently, in each case the army has been inducted to carry out counter insurgency/ terrorist operations. If the national leadership tasks the army for conducting such non-military operations, then it is incumbent on the leadership to provide the legal wherewithal to al l army personnel employed on such tasks. Even then, the political leadership retains the power to invoke or withdraw AFSPA and not the Army.9 20. AFSPA a Necessity for National Security and Not Alone The Army. It is often simplistically argued that the security forces need the Act. This is actually quite misleading since the State alone can under a constitutional statute declare an area as disturbed and decide upon the deployment of the central paramilitary or the armed forces. It is invariably seen that the following circumstances drive the employment of the security forces:- (a) Administrative failures have time and again contributed to insurgencies in the past. Once they have erupted, the local functionaries and the police forces have proved inadequate in coping with them. As a result, the states are simply forced to turn to central paramilitary forces or the army for protection of life and property. (b) Having undertaken concerted counterinsurgency operations over time, the affected states have simply failed to make capital out of the peace dividend delivered by the security forces. This has often resulted in their extended presence with no signs at all of return to normalcy. (c) Consequentially, the security forces have a right to seek legal provisions to undertake operations for three fundamental reasons. One, a soldier unlike a policeman is not empowered by the law to use force. Next, while operating in far flung areas, it is simply not possible to requisition the support of magistrates every now and then. Lastly, their employment is an instrument of `last resort` when all other options have been exhausted. (d) There is no gainsaying the fact that political necessity drives deployment of the security forces for internal security duties. The forces are aware that they cannot afford to fail when called upon to safeguard the countrys integrity. Hence, they require the minimum legislation that is essential to ensure efficient utilisation of c ombat capability. This includes safeguards from legal harassment and empowerment of its officers to decide on employment of the minimum force that they consider essential.10 22. Risks of Dilution of AFSPA Even the mere dilution of the Act could have serious repercussions at the operational level it would result in loss of morale and reluctance amongst the security forces to undertake operations fearing litigation, thereby leading to a slow tempo of operations. A frail legal standing would embolden the insurgent/terrorist organizations and their over ground workers (OGWs) to level frivolous allegations resulting in the military leadership appearing more often in courts rather than in leading counter-terrorist operations. The judiciary too is likely to be targeted by the insurgents/terrorists to make them pliant thereby posing an additional security burden. Also, over a period of time judicial standards and rectitude could deteriorate leading to a loss of faith in the system. In th e absence of legal provisions, the state and the soldier would be vulnerable, and in turn fail to provide the security, development and governance needed to prevent the insurgency.11 24. Analysis of AFSPA. An in depth analysis of Armed Forces Special Powers Act brings out that the views of various HR organisations and certain sections of the society on AFSPA being illegal and unconstitutional are biased and misinterpreted. Reasons and justifications of the same are given below:- (a) Legality of the AFSPA. AFSPA was enacted by the Parliament in 1958 as per the procedures and powers vested on the Parliament by the Indian Constitution. Therefore this act is absolutely legal. Its legality has also been upheld by the Honourable Supreme Court in its verdict in the case of Naga Peoples Movement of Human Rights versus Union of India on 27 November 97. (b) Misinterpretation of Special Powers. The use of term Special Power in the name of AFSPA is often misunderstood and misinterprete d. There are actually no arbitrary powers vested to the armed forces through this act. Most provisions of section 4 are already vested with the police even in normal circumstances. Police does also arrest a person without warrant when the person is accused of committing a cognisable offence, particularly under UAPA which is covered in the later part of this paper. (d) Dominance of Civil Authority. Even in an disturbed area, the civil authority is supreme and continues to function. This act does not displace civil power of the state by the armed forces3. The public continue to enjoy all rights and privileges guaranteed to them by the constitution without any hindrance subject to certain security limitations to facilitate conduct of operations by SF. (e) No Violations of Constitutional Rights. The powers conferred under clauses (a) to (d) of Section 4 and Section 5 of the act, are not arbitrary , unreasonable and are not violative of the provisions of Articles 14, 19 or 21 of th e constitution4 as per ruling of the Supreme Court of India. It needs to be understood that armed forces are only called upon to deal with the internal security problems when all other instruments of the civil power including fail in executing their tasks. AFSPA does not empower armed forces to shoot anywhere and anytime. Firing is resorted to for ensuring safety of the citizens or in self defense. (f) Minimum Use of Force. Armed forces are directed to use minimum possible force required for necessary action against persons acting in contravention to the laid down prohibitive laws. This aspect is reflected in the directions of the Supreme Court on the subject and the Army Doctrine on Sub Conventional Warfare. (g) Handing Over of Detainee to Police . Any person arrested by the armed forces are handed over to the nearest police station with least delay to be produced before a magistrate within 24 hours of his arrest, minus the time required for journey from the place of arrest t o the court . The armed forces also lodge an FIR with the police giving the circumstances under which the person was arrested. A medical certificate by a Government Doctor is also deposited with the police. This procedure negates any misuse or discrepancy on the subject including alleged useof force for the period of detention under . (h) Transparency in Search and Seizures. All actions of search and seizure are carried out with due deliberation. The representatives of the police and villagers are involved while conducting any cordon and search operations. A No claim and No damage certificate is also obtained by the armed forces after conduct of such operations from the village head or the representative of the civil administration. If there is any unintended damage, suitable compensation is also provided by the government. In case of any violation of HR by the armed forces, the same is investigated and disciplinary actionis taken against the defaulters. (j) Dos and Donts. A l ist of Dos and Donts and Ten Commandments have has been issued by the Army Headquarters which are to be followed in letter and spirit while operating in insurgency. The guidelines have statutory status and violation of the rules are liable to be tried by law. (k) Constitutional Remedy. It is alleged that all citizens residing in the disturbed area have no constitutional remedy as guaranteed by Section 32 of our constitution. This is not true. The only safeguard provided to the armed forces in AFSPA is that the sanction of the Central Government is required to file a suit against a person who has committed a crime including violation of human rights. If the crime has actually been committed, the Central Government cannot deny sanction as it has to give reasons for its decisions. It must not be forgotten that wherever Armed Forces Special Powers Act has been enacted, the area has been affected by the separatist forces. The safeguard to the armed forces as provided in the section 6 of Armed Forces Special Powers Act is necessary to prevent vindictive approach towards the security forces by the separatist forces. (l) Immunity and Not Impunity to Armed Forces. It is misunderstood or misinterpreted that the members of the armed forces acting under Armed Forces Special Powers Act are provided absolute immunity for all their actions. This is not true. They are provided immunity only for the actions which have been carried out in good faith while performing their duties. No crime can be committed in good faith hence, this act does not provide any protection against any crime or to the criminal. Any actions outside the law are crimes and are dealt with as per provisions of the laws. 25. The analysis of the facts suggests that there is not much of truth in the facts as are tried to be brought out by various human rights organisations. This act as a legal provision is in no way responsible for human rights violations. It is the misinterpretation and misunderstand ing of the act which make some people and organisation to believe that this act is illegal and is responsible for all human rights violations in low intensity conflict environment. In actuality much more human rights are violated by the police forces in terms of torture, unlawful detention, custodial deaths etc. The demands to repeal the Armed Forces Special Powers Act on the grounds of the act being illegal do not stand to any logic. However, there are certain lacunae in the AFSPA as mentioned earlier which need to be addressed. 26. Recent Steps by Government of India. The demand for repeal of the AFSPA has been made by many quarters, including Chief Minister of Jammu and Kashmir Omar Abdullah. Notwithstanding opposition from the Army and faced with reports of fake encounters, the government may go ahead with certain amendments in the Armed Forces Special Powers Act which includes handing over of Army personnel in case of extra-judicial killings to the state authorities. The sec ond Administrative Reforms Committee had suggested to the government replacing of the Act with an amended law which gives the centre the right to deploy the Army or para-military forces in situations involving national security. 12. While of late, Army has been raising issues and even terming AFSPA as a holy book, government sources feel that there was a need to give a fresh look to the act and make it more humane. A draft note has been circulated to the law and defence ministries for their comments as the UPA government continues to strive had to fulfil the assurance made by Prime Minister Manmohan Singh in carrying out a thorough review of the AFSPA and making it more humane. Once a view is firmed up, the amendments would be listed before the Cabinet Committee on Security. 1. B P Jeevan Reddy commission report on review of Armed Forces Special Power Act, 2. B P Jeevan Reddy commission report on review of Armed Forces Special Power Act. 3. Supreme Court of India, on its verdict on the case filed by Naga Peoples Movement of Human Rights versus Union of India on 27 November 1997, Paragraph 3 and 5. 4. Verdict, Supreme Court Naga Peoples case.. 5. In Defence of Human Rights Practiced by Indian Army, Rajiv Rewari, CLASWS, New Delhi.. 6. AFSPA : A Soldiers Perspective by Harinder Singh, IDSA, New Delhi. 7. ibid, para 9. 8. ibid, para 11. 9. UN Asks India to repeal AFSPA, 23 Mar 2009, newsoutlookindia.com. 10. AFSPA 1958 and Jeeven Reddy Committee by Puyan RakeshMeati. 11. Editorial, The Hindu, 09 Sep 2010. 12. AFSAP : Is a Review Necessary, CLAWS, New Delhi. 13. Special Powers for Armed Forces : We need Clarity, not emotion by Lt Gen Vijay Oberai, CLAWS, New Delhyi.