anush theory of cdpd

7/29/2019 anush theory of cdpd

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13. Draw out the basic theoretical concepts of Karl Marx and Max Weber?

A- Marxs Theory

Social Relations is over and above individuals

The production of material requirements of life,which is the basic necessity of all societies ,compels individuals to enter

into definite social relations and that are independent of their will.

Infrastructure and superstructure

According to Marx, every society has its infrastructure and superstructure . The material conditions of the society is

termed as the infrastructure, and the social relations are defined in terms of material conditions .This social relations is

known as the superstructure. Any changes in the infrastructure also leads to changes in the superstructure. Forces of

production and the relations of production come in the category of infrastructure, and the superstructure includes the

legal,educational and political insitutions as well as values ,cultural ways of thinking ,religion ,ideologies and

philosophies.

Forces and relations of production

The forces of production ,according to Marx is the capacity of the society to produce .This capacity to produce is a

function of scientific and technical knowledge, technological equipment , and the organization of labour force.The

relations of production arise out of the production process but overlaps with the relations of means of production.

Social change in terms of social classes

Marx developed the idea of social change from internal conflicts that takes places between the classes. Social change

takes place in terms of the historical sequence of the main types of society proceeding from the simple with primitive

communism to the complex society of modern capitalism.

Dialectical relationship exist between the forces and relations of production

In every historical period ,one class is attatched to the old relations of production.These relations hinder the

developments of the forces of production.Another class ,on the other hand is forward looking .It strives for new

relations of production and the new relations of production do not create obstacles in the way of the development of

the forces of production.This is the basic idea behind class struggle

Revolutions and history of societies

The dialectical relationship between the forces of production and relations of production also provides a theory of

revolution.

Social Reality and Consciousness

Marx distinguished between social reality and consciousness . For Marx ,reality is not determined by human

consciousness ,rather it is the social reality that determines the human consciousness.


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Modes of production

He has described stages of human history in terms of the four modes of production-

- Ancient characterised by slavery

- Feudal characterised by serfdom

- Capitalist characterised by wage earning

These are the three distinct modes of exploitation of human labour

Max Weber studied society through ideal type. According to Weber Ideal Type is one of the methods to study society.

What is an ideal type?

Ideal types are formulated by the abstraction and combination of an indefinite number of elements which though are

found in reality ,are rarely discovered in specific form.for example,if we wish to study the state of democracy in

India,then our first task is to define the concept of democracy with the help of its essential characteristics i.e the

essential characteristics of democracy is

- Multiparty system

- ,universal adult franchise

- formationof government by peoples representatives

- peoples participation in the decision making

- equality before law

Characteristics of Ideal Types

- It is a mental image or construct for the scrutiny of a concrete situation

- Durkheim used ideal types to study ,understand and analyse social reality

- It is a combination of an indefinite number of elements

- It doesnt represent the common or the average characteristics but focus on the typical and the essential

characteristics

Ideal Type of a Court of Law

A judge is there. The petitioner,the victim,the witnesses and the culprit are present in the court room. Then what does

the judge do?

-Judge entertains petition


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-Judge calls for explanation

-Judge listens to arguments

-The Judge gives judgements without fear and favour

Therefore we have to remember that ideal types are not a presentation of total reality or they donot explain

everything.Rather they can aid or help you in description and explanation of something which is there in reality.

Why do we use ideal types ?

-It helps in increasing the precision of analysis

-It helps in avoiding obscurity,ambiguity,and increasing accuracy

Weber has studied religion ,capitalism,Bureaucracy ,Rational social action,Authority through ideal types.

Religion and Economy

Religion is concerned with the beyond ,whereas economy deals with the practical business of working ,producing and

consuming.

Weber located a positive relationship between the Protestant Ethics and the Spirits of Capitalism.

The Spirit of Capitalism

1- Wealth is regarded as a symbol of power,status and prestige

2- It is organized and disciplined

3- According to Weber the most rational form of capitalism is found in modern times

4- There is a difference between traditional or adventurist capitalism and rational capitalism

5- Traditional capitalism existed at many places especially in Italian cities

- It includes risky business

- Import of luxury items from distant places


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- Foreign silks,spices,ivory were sold to buyers at exorbitant prices

Rational Capitalism

- It is constantly expanding ,looking for new inventions ,new product and new customers

- It is qualitatively and quantitatively different from traditional capitalism

Protestant Ethic or Protestantism

- Protestent Ethic arose in 16th century in Europe in the period of Reformation.

-As the name implies it is a religion of protest

- Its founding fathers are Martin Luther and John Calvin

- They broke away from the Catholic Church.because they felt that the church had become too much involved in

doctrines and rituals and lost touch with the common people .Greed and corruption had grippled the church.Priests led

a lavish and affluent life style.

- That is why the protestants formed a sect that sprang up all over Europe and tried to recapture the lost spirit of the

church

- They stressed on simplicity,austerity,hard work and devotion

According to Weber the protestants were the people who made wealth,profit ,progress in business.This is how

capitalism spread across Europe.

Ideal type of Bureaucracy

Webers ideal type Bureacracy is comprised of various elements.

-High degree of specialization

- Clearly defined division of labour

- Heiarchical structure of Authority with clear areas of command and responsibility

- Establishment of a formal body of rules to govern the operation of the

Organization

- Administration based on written documents

- Impersonal relationship between the members of the organization

- Recruitment of personal based on ability and technical knowledge

- long term promotion on the basis of seniority and merit


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- Fixed Salary

- Separation of private and official income

Weber used the ideal type of bureaucracy to explain a concrete phenomenon

Power and authority

In ordinary term,power implies strength or the capacity to control. It implies the capacity to influence the behaviour of

others.

-For Max Weber ,power is an aspects of social relationships.

- It is manner of imposing ones will upon the behaviour of another person

- Power is present in social interaction and creates situation of inequality,since the one who has the power imposes it

on others.

- On the other hand it also depends upon the extent in which it is opposed or resisted by others.

According to Weber,power can be exercised in all walks of life .For e.g, It is not restricted to the battlefield,

politics,judiciary,lecture platform,sports,scientific discussions and charity

There are two sources of power

- Power that is derived from a economic interests in a market situation.Suppose a group of producers of rice

,sugar controls the supply of their production in the market to maximize their profit .

- The second is,when an established system of authority that allocates the right to command and the duty to

obey. It is the legitimacy according to Weber,constitutes the core point of authority.

Power refers to the ability or capacity to control and authority refers to legitimized power, i.e In a University it is the

Vice Chancellor who has the authority to command the students and the Students has to follow.

Elements of Authority

1-An individual ruler or a group of rulers rules an individual or group


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2.Evidence of the influence of the ruler is in terms of compliance or obedience

Types of Social action and types of authority

1-Rational Action in relation to a goal

A persons activity is directed towards obtaining the goal- A lawyer ( a criminal lawyer) is fighting a case on behalf of

the victim.Your activity or action is directed towards giving justice to his or her clients and punishing the culprit ,i.e the

goal of the lawyer.

2. Rational Action in relation to value

Action is directed towards attaining specific goal tied up with a value . For e.g A soldier laying down his value for the

country.

3. Affective action

When action results from the emotional state of mind of the actors it is known as affective action.Suppose If someone is

teasing girl in a bus,she may get irritated and may slap the person.She has been provoked so much that she has reacted

in such a manner.

4. Traditional action

It is an action guided by customs and beliefs .For e.g in Indian society,doing pranam to elders is a traditional action

According to Weber there are three types of authority with its corresponding norms.

Traditional Authority

Traditional Authority is based on certain principles-

1- It is based on customary laws

2- It is based on the belief that a certain authority is to be respected because it has existed since time immemorial

3- For instance ,the rulers enjoy personal authority by virtue of their inherited status

Charismatic Authority

1- Charisma means an extraordinary quality possessed by some individuals

2- This gives such people unique power to capture the attention or devotion of ordinary people

3- Charismatic authority is based on the extraordinary devotion to an individual and the way of life preached by

this person

4- As long as charismatic leaders continue to prove their miraculous powers in the eyes of their disciples ,their

authority stays intact.

5- The social action that is related to charismatic authority is affective action.

6- Charismatic authority is not dependent on customary beliefs or written rules.


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For e.g-Mahatma Gandhi,Nelson Mandela, Dalai Lama

Routinitisation of Charisma

When a Charismatic leadership becomes institutionalized then it is called routinisation of charisma. For e.g Suppose

Dalai Lama joins politics and forms a government.Then this phenomenon is known as routinisation of charisma. Now

take the case of Nelson Mandela who became the president of South Africa after a long struggle against apartheid. Thisis routinisation of charisma.

Rationallegal authority

This type of authority is vested in a regular administrative staff.it operates in accordance with certain written rules and

laws

-It is rational because it has to follow rational principles like rules and -regulations, procedures that is used in modern

day administrative system

-It is legal because it is in accordance with the laws of the land

For e.g,Bureaucracy,judiciary etc

14.What is Fundamentalism and Secularism? Draw out the basic differences between Secularism and fundamantaism.

A- Fundamentalism is the demand for a strict adherence to specific theological doctrines usually understood as a

reaction against Modernist theology primarily to promote continuity and accuracy.

One of the principle challenges to civil, secular, democratic society can be found among fanatical followers of

fundamentalist religions. Whether Jewish, Hindu, Muslim, or Christian, they all seek to replace civil society with

something more amenable to their religious beliefs. Some want to go as far as to create a new order founded upon stric

adherence to their religious vision while others simply hope to change society enough to make it more religious.

Secularism is the principle of separation of government institutions, and the persons mandated to represent the State,

from religious institutions andreligious dignitaries. In one sense, secularism may assert the right to be free from religious

rule and teachings, and the right to freedom from governmental imposition of religion upon the people within a state

that is neutral on matters of belief. (See also separation of church and state and Lacit.) In another sense, it refers to

the view that human activities and decisions, especially political ones, should be unbiased by religious influence.[1] (See

also public reason.) Some scholars are now arguing that the very idea of secularism will change.[2]

Basic differences between both-

Fundamentalism is the concept where the belief requires one to strongly hold on to one religion and spread its tenets.

Stronger forms of fundamentalism require to suppress the others religion and hold your own as the greatest one.


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Secularism on the other hand requires people to take up one religion if they wish to but to not believe that their own

religion is superior to the others religion. It requires holding all religions as equal and not suppressing or detesting a

particular religion.

The base for conflict arises when fundamentalists try and spread their religion and look down upon the others and

secularists try and maintain that all religions are equally strong in spiritual power.

Christian and Islam fundamentalists tend to go violent in pursuit of following their religion.

Hindu fundamentalists examples could be the Shiv Sena.

Most countries try and make their countries fully secularist or fundamentalist. Example America strives to become a

fully secular state and Pakistan and gulf countries like to keep their countries as a hub for Muslim fundamentalists.

Q. Privy council of UK

A. Privy Counsellors are members of the Queen's own Council: the 'Privy Council'. There are about 500 members who

have reached high public office. Membership includes all members of the Cabinet, past and present, the Speaker, the

leaders of all major political parties, Archbishops and various senior judges as well as other senior public figures. Their

role is to advise the Queen in carrying out her duties as Monarch. In the past Privy Counsellors were the chief governing

body and fulfilled the role that the Cabinet performs today. During debates in the Commons, MPs who are Privy

Counsellors are referred to by their colleagues as`The Right Honourable Member'. The Lord President of the Council is a

member of the cabinet and is in charge of the Office of the Privy Council. In recent years the role of Lord President of the

Council has been linked with the role of Leader of the House of Commons.

Q. Indian penal code

A. Indian Penal Code (IPC, Hindi: ) is the main criminal code of India. It is a comprehensive code,

intended to cover all substantive aspects of criminal law. It was drafted in 1860 and came into force in colonial India

during the British Raj in 1862. It has since been amended several times and is now supplemented by other criminal

provisions. In the state of Jammu and Kashmir, the IPC is known as Ranbir Penal Code (RPC).[1]

After independence, Indian Penal Code was inherited by Pakistan (now called Pakistan Penal Code) and Bangladesh,

formerly part of British India. It was also adopted wholesale by the British colonial authorities in Burma, Sri Lanka,Malaysia, Singapore and Brunei, and remains the basis of the criminal codes in those countries.

Q. Law commission of India

A. Law Commission of India is an executive body established by an order of the Government of India. Its major function

is to work for legal reform. It membership primarily comprises legal experts, who are entrusted a mandate by the

Government. The Commission is established for a fixed tenure and works as an advisory body to the Ministry of Law and

Justice.


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The first Law Commission was established during the British regime in 1834 by the Charter Act of 1833. After that three

more Commissions were established in pre-independent India. The first Law Commission of independent India was

established in 1955 for a three year term. Since then Eighteen more Commissions have been established. The

Nineteenth and the current Law Commission was established on 1 September 2009 under the Chairmanship of a justice

P.Venkatarama Reddy. Its tenure has been fixed till 31 August 2012. Other than the Chairman, the Eighteenth Law

Commission has one Permanent Member, one Member-Secretary and six Part-time Members.

The origin of the first Law Commission of India lies in the diverse and often conflicting laws prevailing in the local regions

and those administered by the East India Company, which was granted Royal Charters and also conferred powers by the

various Indian rulers to administer and oversee the conduct of the inhabitants in the local areas where the Company

exercised control.[1] During this period of administration by the Company, two sets of laws operated in the areas; one

which applied to and in relation to British citizens and the second which applied to the local inhabitants and aliens. This

was considered as a major stumbling block for proper administration by the British Government during the times which

is now known as the British Raj. In order to improve the law and order situation and also to ensure uniformity of legal

administration, various options were looked for. Until then the British Government had been passing various

enactments to deal with particular situations (such as the Prohibition of Sati in 1829 by Lord William Bentinck under the

influence of Raja Ram Mohan Roy. However it was for the first time in 1833 that the idea to establish a Law Commission

for a comprehensive examination of the existing legal system prevailing in the British administered areas and its

overhaul was instituted.

[edit]

Q. Lok Adalats

A. Lok Adalat is a system of alternative dispute resolution developed in India. It roughly means "People's court". India

has had a long history of resolving disputes through the mediation of village elders. The system of Lok Adalats is an

improvement and is based on the principles of Mahatma Gandhi. Lok Adalat is a non-adversarial system, whereby mock

courts (called Lok Adalats) are held by the State Authority, District Authority, Supreme Court Legal Services Committee,

High Court Legal Services Committee, or Taluk Legal Services Committee. They are held periodically for exercising suchjurisdiction as they determine. These are usually presided over by retired judges, social activists, or other members of

the legal profession. The Lok Adalats can deal with all Civil Cases, Matrimonial Disputes, Land Disputes,

Partition/Property Disputes, Labour Disputes etc., and compoundable criminal Cases.

16.What is Civil Religion and Resacralization? Draw out examples of these two religious phenomenon in contemporary

society.

A- Resacralization is the return of religious meanings to public sectors of social life such as politics, the arts, and

the body, and the resistance of secularization. This is consistent with Berger's (1967) definition of secularization as theremoval of religious meanings from public life, or privatization. Another possible definition of resacralization would be

the growing realization that the separation between public and private spheres is itself a cultural construction of

modern society.

The intended meaning of the term civil religion often varies according to whether one is a sociologist of religion or a

professional political commentator. The following discussion includes both perspectives followed by a brief history of

the concept.


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Within the contexts of the monotheistic, prophetic, revealed faiths, civil religion can be problematic from

a theological perspective. Being identified with a political culture and a leadership hierarchy of an existing society, civil

religion's priestly role, can interfere with the prophetic mission of a religious faith. This has been the challenge religion

faces upon entering the public sphere throughout all ages and cultures. At times of national crisis civil religion commonly

renews itself by becoming a platform for rebuking the sins of a people or its institutions, and by calling on citizens to be

true to the nation's deeper values.

Civil religion stands somewhat above folk religion in its social and political status, since by definition it suffuses an entire

society, or at least a segment of a society; and is often practiced by leaders within that society. On the other hand, it is

somewhat less than an establishment of religion, since established churches have official clergy and a relatively fixed

and formal relationship with the government that establishes them. Civil religion is usually practiced by political leaders

who are laypeople and whose leadership is not specifically spiritual.

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