The Katarungang Pambarangay Law instills the spirit of bayanihan on indigenous families if they maintain the orderliness of the law, develop discipline in every individual and has it’s effectiveness on socialization.
To summarized the thoughts It can thus be seen that the advantages outweighing the disadvantages, the Katarungang Pambarangay, as an informal forum for the settlement of disputes, is a desirable development in the administration of justice, since it not only secures the decongestion of the courts but makes use of a legal system which is indigenously and traditionally Filipino according to Donna P. Zapa (1980). The government should implement this policy to all barangay not only to have peace and order but also to compromise the rights and disputes of the citizen in the rural places, let the people know that still there are hope
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In prior to research and studies, having the acceptance of being an indigenous individual to the group is an essential of self-identification and the reason of existence of their own fate of living in accordance of cultural patterns, social institutions and legal systems (Who are the indigenous peoples?.(n.d).par. 6).Hence,the lack of discipline of indigenous individuals should also be the focus for finding improvements in the certain barangay in order to have organization and stabilization. Their sense of owning the character of being an indigenous individual causes the disputes that should be resolved to the application of the KPL.According to the some Datus of Impasugong, Bukidnon, for many years conflict among the indigenous communities can be easily resolved because of the application of their customary laws. Every common undertaking comes through ethnic ritual like for instance, the dispensing of justice. Robert Lowie in 1947 pointed out that “unwritten laws of customary usage are obeyed far more willingly than our written code or
To many young Natives on reservations, power only seems attainable through violence. The physical fight is not productive. La Plazita alternatively provides guidance and tangible activities for the members to reconnect with traditional values and become independent. One of the main opportunities provided by the organization is the garden, where the members learn to cultivate their own food to understand the benefit of being self-reliant. La Plazita promotes Alfred’s discussion of how a violent fight only
After the Civil War, America went through a controversial event that changed the social order of society. Because the Emancipation Proclamation freed slaves, the white elite no longer controlled the African Americans. As a result, they felt threatened and wanted to secure their dominance in society by “incorporating” the influx of different cultures from immigrants and Native Americans. In Rebecca Edwards’ New Spirits: Americans in the Gilded Age, she states that there was an “incorporation of America” where assimilation began among certain groups to make them part of the whole. For example, the Native Americans faced a great deal of “incorporation” within what the whites thought of as an ideal society; as a result, their “incorporation” caused
In short, Public Law 280 gave states the opportunity to take control of jurisdiction over civil and criminal cases that involve Indians and that have occurred within the boundaries of Indian Country. This chapter goes over the specifics that work under the general idea of this law as well as the history that influenced change to this law. Basically, Public Law 280 gave six states the power to exercise criminal and civil jurisdiction over tribes that were within their boundaries. There were two problems with this; the states brought up that they did not get extra funding that would help exercise their jurisdiction and the tribes were upset that this law allowed state jurisdiction over them without any of their consent. To solve these two complaints,
These questions denote the fundamental issues that Native Americans are forced to deal with. Simpson’s second claim is that there is an alternative to recognition: refusal. By this, she means that instead of fighting for recognition as a sovereign Nation, Indians can also refuse to be categorized and treated otherwise. Her third and final claim is that anthropology and political science must come to challenge things that are perceived as “settled,” especially when it comes to the politics and culture of indigenous people. Simpson points out that Indians and settler colonialism has not yet been “settled” and should not be regarded as such.
Some even suggest that we go to his schools and his churches. They say if we learn his language, we can beat him with his own words” (122). The chiefs that oppose Mountain Chief's argument show that they are impacted by the whites, and should change their traditional ways to assimilate with the Napikwan. By assimilating, they could protect their traditions and land from the Napikwan’s
Literature is frequently comprehended by most people as a mass of writings. In particular, it refers to those reckoned to have the aptitude of being inventive and rational, or which deploy languages which departed from the common usage. Global literature, on the other hand, has two different definitions where the first one explains it as the summation of all literatures of the world, including personal and nationalized work. The second definition is, global literature consists of the world’s classics, or the most sought after works that are read across time, ethnic and language borders in which they were produced and become the intercontinental patrimony of civilization. (Gafrik, 2009, p. 28)
As Albert J. Beveridge pointed out in Document B, “would not the people of the Philippines prefer the just, human, civilizing government of this republic to the savage, bloody rule… from which we have saved them?” Just, human, civilizing? Strict, biased, Christianizing was more like it. In these islands, the United States of America once again made the same mistake it had made with the Native Americans. Determined that there way was the best way, ‘the slaughter of the Filipinos’ (Doc.
What defines a person? Is one of the most basic anthropological questions within the discipline, with the definitions that people have for other people and categories that we have succumb to. This question is loaded and difficult to answer. Unfortunately, indigenous people experience this categorizing plight more than any other racial group in North America and around the world. Furthermore, it has impacted their wellbeing and stripped them of their outward identity.
Sentencing Sentencing occurs after a defendant has been convicted of a crime. During the sentencing process, the court issues a punishment that involves a fine, imprisonment, capital punishment, or some other penalty. In some states, juries may be entitled to determine a sentence. However, sentencing in most states and federal courts are issued by a judge. To fully understand the sentencing phase of criminal court proceedings, it is important to examine how sentencing affects the state and federal prison systems, learn the meanings of determinate and indeterminate sentencing, and understand the impact Proposition 57 has had on sentencing in California.
Film #1 - “The People of the Kattawapiskak River” Introduction In the documentary “The people of the Kattawapiskak River”, the housing crisis and lack of assistance promised in Northern Ontario is represented. The Documentary closely follows the chief of the Attawapiskat tribe and portrays the difficult living conditions endured by local residents. These problematic conditions include the lack of clean water, electricity and basic housing especially during the intolerable cold Canadian winter. Moreover, when a colony around the world is suffering it is our duty as human beings to help them through their difficult times.
When critically analysed, the system derives its justification from the consistency but not the uniformity in sentencing. Key among them is the circumstances leading the offender in the crime. The magistrate therefore looks at the factors that differentiate men and women before reaching at any sentence. However, it is important to exercise fairness and where the magistrate feels weighed down by the accused person’s (women) primary responsibilities to involve child welfare services before issuing a
Writing Assignment 3 Traditionally, intermediate sanctions are designed for offenders who require a correctional opinion that is more punitive and restrictive than routine probation but less severe than imprisonment. Intermediate sanctions are used for a variety of offenders. Persons accused crimes and released into the community, persons convicted of misdemeanors and felonies directly sentenced to an intermediate sanction, and jail inmates. Unlike probation and parole, it is difficult to accurately determine the number of offenders involved in intermediate sanctions or even the number of intermediate sanctions that exist in different areas. Intermediate sanctions are alternate punishments used to monitor offenders who are neither under
Introduction Civil Justice System The civil justice system exists in order to enable individuals, businesses, and local and central government to vindicate, and where necessary, enforce their civil legal rights and obligations, whether those rights are private or public. It ensures that the rights and protection of citizens are called for. The rule of law dictates that government should not abuse their powers as per AV Dicey’s concept of the rule of law. In addition, the civil courts endorse economic activity, allowing contracts to be made between strangers because rights are taken care of in the courts if they are breached.
The home is a sanctuary of love and peace. It is the place where one feels entrenched upon. We do not talk of a physical structure which holds the living room, garage, and bedroom; but rather, of home and its embodiment in entirety. We talk of people as a home or people who causes something to become home. Moreover are events, memories, and experiences which relate to a person’s most comfortable feelings.
In the Philippines, the 1987 Philippine Constitution declares that education is a right of every Filipino (Maligalig, 2010). Thus, the policies of the government on education have been primarily about education for all citizens. Being a right, this must benefit every member of the Philippine population regardless of their language and ethnicity. The right to education, however, must not be confined in the context of being able to go to school or having more areas and structures for schooling. The right to education is undermined and meaningless if teachers are under-trained, learning curricula and materials are irrelevant and learning environment is unsafe and not conducive (Mapa, 2013).