The Concept of Abuse of Power - Research Paper Example

Abuse of Power al Affiliation The Concept of Abuse of Power Principally, the concept of power abuse relates to the legitimacy of the power in question (Dubber, 2006, p. 66). Thus, it is vital to differentiate between the legitimate power and illegitimate power. It is therefore by default that the existence of illegitimate power constitute a power abuse. The distinction between the two implies that there exist some rules and criteria that allows the legitimate power to be judged (Cossins, 2000, p.31). Political power, for instance, is legitimate if it is obtained from a decree derived from a community so that their interest is served. The attainment of this power and subsequently its execution takes place on a clearly spelt out constitutional framework of legislation (Hornstein, 2003, p.11). In this regard, economic power may be termed legitimate when it is implemented by either commercial or industrial enterprises which are constituted following the law of the state in which they operate. Whenever power exist, there will be power abuse (Dubber, 2005, p.33). This explains the reason why it becomes difficult to define power except when related to the abuse in which it is exposed to. A number of terms and expressions have therefore been developed to express this concept of power abuse. Terms like power misappropriation and thirst for power have been extensively used. Numerous debates have been organized to discuss this concept of power abuse and one significant fact that has come out is that it is both vast and vague (Dubber, 2006, p.090). This implies that the abuse can result from both the way the power is sought and the mechanism of its execution. For instance, power abuse can results when very legitimate mechanisms are exercised in pursuit for an outcome that is deemed unlawful. Similarly, when unconstitutional means are espoused to obtain the right objectives, a power abuse arises (Cossins, 2000, p.63). Practically speaking, the concept of power abuse can be explained on account of three principle elements (Hornstein, 2003, p.29). These elements include: the purpose, the means and the limits surrounding the power execution. The purpose The unconstitutionality of the purpose that any power seeks to achieve often characterize its abuse (Dubber, 2005, p.73). For instance, in political and socio-economic structures, power abuse might be reflected in cases where individuals use power to reverse an imposition of a legal control on certain individuals. It is also expressed in case where power is used to put to a halt a court proceedings or a averse a court judgment on some individual holding high position in the government after breaching the law(Cossins, 2000, p109). The means Exercise of power can be through illicit means (Dubber, 2006, p.114). This can vary from intimidation to corruption, from constrain to conviction, from extortions to afflict and most significantly from deception to murder. In this category, abuse of power can also take the form of carelessness and negligence towards your constitutional mandates coupled with refusal, reluctance and even inadvertences in your work (Hornstein, 2003, p.51). The limits The execution of power beyond the normal or legal limits can results into power abuse (Dubber, 2005, p.117). This explains the reasons why there exist vastly known rules that are assigned to limit the exercise of power (Cossins, 2000, p.130). Thus, for illustration there is existence of Human Rights a concept that has been used by several countries to limit the power exercised on the human beings. Strength and weaknesses of the concept of abuse of power Strengths The concept of abuse of power has received support from many sectors of the economy since its inception several decades back (Dubber, 2006, p.201). It has been a fundamental principle under which the legal standards and accountability are built. Through the concept, numerous agencies have constituted minimum accepted level of honest on conducts relating the economic, social and even political life. These standards have also been formulated on public health to protect the citizens against the sales of substances that are perceived harmful (Cossins, 2000, p.157). The standards are also set to guard the environment from a harmful and irreversible pollution. It is also worth noting that this concept of abuse of power is built on norms and values of life. Thus it is closely linked to the ideology that people adhere to in their system of life. This concept has as well managed to appreciate the differences that exist in social political and economic power (Hornstein, 2003, p.103). It has managed to single out the norms that exist between these powers so that their collision is avoided. The concept of abuse of power has also been extensively applied on cases involving accountability (Dubber, 2005, p.126). This pertains to who should be responsible whenever there is a power breach in any section of the environment. Thus a number of mechanisms have been developed around the world to help built the practices of accountability (Dubber, 2006, p.270). To start with is the hierarchical accountability that relates to organizations. It defines the kid of the relationship that exist between the staff working in a particular organizations. It constrain those staff higher in the hierarchy from removing their juniors from office (Dubber, 2005, p.130). It also prevent them from making adjustments on their pay slips so as to earn moremoney at the expense of the subordinate staff (Cossins, 2000, p.201). This mechanism has resulted into major scorecard as far as fight against abuse of power is concerned. The other mechanism is supervisory accountability which applies to two organizations where the principle one plays the supervisory role to the other (Hornstein, 2003, p.159). This prevent the supervised organizations from acts that may be perceive an abuse of power. The best examples are the International Monetary Fund and the World Bank that work under the rules stipulated under international laws (Dubber, 2005, p122). The other mechanism is legal accountability. This mechanism ensures that the public officials just like any other citizen accounts for whatever action they take pertaining to criminal issues or administrative (Dubber, 2006, p.301). The mechanism has also ensured that agents of justice abide by the law either in quasi-judicial arenas or even courts. The last and very significant mechanism is the public reputation accountability. Though reputation in general represents power in its soft form, it plays a boundless role in terms of influencing one’s ability in shaping other peoples’ preference (Dubber, 2005, p.140). Weaknesses of the concept Despite the several strides made by this concept of abuse of power, it has not failed to have its own fair of challenges (Hornstein, 2003, p.161). These challenges are faced inform of obstacles that inhibit the punishment of those who have abused power. The obstacles can be in the form of the absence of a penalty that cover the abuse in question. Some laws and regulations are also perceived to be complex leading to their assumptions (Cossins, 2000, p.214). This is majorly experience in the sectors of economy and fiscal. Another hindrance has been the unison of the afflicted parties that in many occasions opt to keep quiet and therefore making it impossible to access justice (Dubber, 2006, p.380). This concept has also faced challenges with law enforcers who majorly deal with those crimes that they believe are known by many while neglect on these silent cases of abuse of power. Literature review on the concept of abuse of power McFadyen, A. (2000). Bound to Sin: Abuse, Holocaust and the Christian Doctrine of Sin. New York, NY:Cambridge University Press. In his book, McFadyen (2000) expands the whole concept to include emotional abuse that is experienced in the domestic set up. He says that those parents who use their power to emotionally abuse their partners or even their children should face the law. He says the use of actions, silence or even a particular words to humiliate, threaten or even demean others subject to their powers in the family is tantamount to abuse of such power. He expands this concept to capture even the scenarios in organizations. Here he emphasizes those senior person personnel who use their influence to humiliate their juniors to have their work done. He says that these people are subject to a power abuse and should be accountable for their deeds. Reavey, P. & Warner, S. (2003). New Feminist Stories of Child Sexual Abuse: Sexual Scripts and Dangerous Dialogues. New York, NY: Psychology Press. They expands this concept to include the sexual abuse of children and adolescents. For instance, they cite cases where senior staff members in an organization uses their powers in an organization to sexually abuse their junior staff. They claim that instances of employers asking for a sexual price to give their employees a promotion has been on a rising trend. In their book, they as well reflect the domestic violence involving a partner and the other partner, or a parent and a child. They say that a partner can use his or her powers derived from whatever source to abuse the other fellow sexually. They concludes by saying that a parent may as well use the powers in his or her custody to sexually abuse a child. Payne, H. & Littlechild, B. (2000). Ethical Practice and the Abuse of Power in Social Responsibility: Leave No Stone Unturned. New York, NY: Jessica Kingsley. Payne and Littlechild (2000) expound on the work done byReavey and Warner pertaining to the use of power to abuse the rights of a child. They define the limits within which a parent should enjoy their freedom with their children. They claim that beyond these freedoms then a child is deemed to be in need of a protection. These he defines in relation to Children and Young Persons Act of 2007. For instance, when a parent in the process of discipline the child causes a physical injury to the child and there after offer no protection to this child then this parent is guilty of an abuse of power. Also included are cases of child abandonment, sexual abuse and lack of adequate health care by the parent despite their capability. Sandhu, D. (2001). Faces of Violence: Psychological Correlates, Concepts, and Intervention Strategies. New York, NY: Nova Publishers. Sandhu (2001) uses his piece of work to expand the concept of power abuse to include financial abuse. He explains that the financial abuse can take the forms of exploitation or corruption. He explains when an officer uses his powers to socially entice the other fellow individuals into accepting deals that are contrary to the set legal laws by use of money, then this officer is a victim of a power abuse. He would later on expand this provision to include sexual enticement where he says that when one uses his financial power or stability to influence the other fellow into sex, then this person is deemed to have committed an offence. Sajo, A. (2006). Abuse: The Dark Side of Fundamental Rights. New York, NY: Eleven International Publishing. He expounded on the concept of the abuse of power to capture professional judgments. In his explanation during the launch of his book, he says that despite the few number of individuals experiencing this kind of a power abuse, the effects of these judgments are far much reaching. He cites cases involving judicial judgments where the judges use the powers vested in them by the constitution to make an informed ruling. He also cites cases where the senior staffs in an organizations makes an unfair judgments on their juniors due to personal differences or ethnic affiliations. These people he says should be responsible for these judgments. Brown, I. (2013). Research Handbook on Governance of the Internet. New York, NY: Edward Elgar Publishing. Brown (2013) builds his work around the general bullying and harassment. He says that the previous works that had been advanced was somehow silent on casual relationships that in most cases results into harassment or bullying. He explains that when and individual uses his powers to cause a situation of uneasiness to the other then a breach of law is perceived to have occurred. Putin’s invading Crimea and President Obama’s reaction Several events unfold moments before and after the referendum in Crimea(Suvorov, 2013, p.109). President Obama react to the results of this historic event shortly after the referendum results which showed an overwhelming decision by the people of Crimea to leave Ukraine and join Russia(Suvorov, 2013, p.160). This then compel President Vladimir Putin of Russia to send his military to Ukraine to defend the Russian Ethnic minority, President Obama calls Vladimir Putin and expresses disappointment by the Russian government and claims that the whole of international community is behind him and Russia risk facing socio-economic isolation. He says that Russia has violated the Ukraine’s sovereignty (Suvorov, 2013, p.201). He then goes ahead to promise a military invention. From the first phase of these events, there seem to be a conflict between these two states. The President of the Russian Government abuses his powers to impact negatively on the affairs of the Ukraine. Despite the fact that the results showed a 95.5% desire to leave Putin would have used other soft measures. Similarly, in the course of the Presidents Obama conversation with Vladimir Putin, he goes ahead to promise military intervention if nothing is done to rescue the situation (Suvorov, 2013, p.219). From this conversation, one is right to say that the President is using his super power to intimidate Russian government. By taking of a military intervention could as well mean that the president could authorize the United States’ military forces to harass the citizen or the authority of the Russian nation to averse their decision (Suvorov, 2013, p.233). This is portrayed as an abuse of military power because there were no human lives that were in danger to warrantee a military intervention. From their conversation, it also emerges that the President Obama had authorized the United State to impose some additional cost that ware set in the previous week to the referendum on Russia (Suvorov, 2013, p.235). By doing this the United States in general is seen to be abusing their financial stability or power to intimidate President Putin’s. Later it is also leaked out by the United Secretary of State that the state was not willing to wait for the results of the referendum in Crimea and was already planning to take serious steps against Russia (Suvorov, 2013, p.239). Again this depicts some level of abuse of both military and financial power against this nation Russia. President Obama also expresses his intensions of convincing the UN Security Council and The North Atlantic Council to suspend Russia from its participation in the G-8 meeting (Suvorov, 2013, p.241). This again is perceived as an abuse of power since it uses its influence to negatively impact on Russia. References Cossins, A. (2000).Masculinities, Sexualities, and Child Sexual Abuse. New York, NY: Martinus Nijhoff Publishers. Dubber, M. (2005).The Police Power: Patriarchy and the Foundations of American Government. New York, NY: Columbia University Press. Dubber, M. (2006). Victims in the War on Crime: The Use and Abuse of Victims Rights. New York, NY: NYU Press. Hornstein, H. (2003).The Haves and the Have Nots: The Abuse of Power and Privilege in the Workplace-- and how to Control it. London, LDN: FT Press. Suvorov, V. (2013).The Chief Culprit: Stalins Grand Design to Start World War II. London, LDN: Naval Institute Press. Read More