Diversity and the Island Nation of Tagg - Essay Example

? Diversity and the Island Nation of Tagg Task Diversity and the Island Nation of Tagg Introduction Diverse nations promote understanding among citizens using legal structures. It is the mandate of authorities to ensure that the structures in place benefit the populace. As such, the council of elders should devise the laws that will create order in the island of Tagg. The elders will utilize legal theories in formulating laws for governing the Island. Marmor (2005) indicates that authorities normally formulate laws, which guide the populace in nations endowed with natural resources. The island of Tagg is a good example of a region that can be governed using a combination of legal structures. It is expected that the exploration of oil will affect the religion and the value system of the people of Tagg. The presence of the oil company has led to an increase in the population of the island. Moreover, the arrival of the oil company has resulted to changes in the societal setting of the island of Tagg. Gabbay (2010) indicates that numerous challenges have emanated since the oil company set up its operations in the island. The changes in the social, monetary and political structure of the island have to be monitored using various approaches. This piece discusses the legal issues to be addressed by the council of elders at Tagg with the intention of safeguarding the interests of the citizens. The recent increase in population is attributable to the arrival of the oil company in the Island. The increase in population is interfering with the value system of the people in the island (Marmor, 2005). Additionally, the changes are affecting the cultures of the people of Tagg. Initially the Island of Tagg was a homogenous nation that preserved their culture. Presently, the Island has become a melting pot of different cultures. The council of elders is finding it difficult to formulate laws in the island. As such, they are opting to replicate the approaches that have been effective to other governments in their territory. The council of elders is mandated to contain the challenges brought by the exploration of oil in the island meaning that the elders will adhere to the legal theories that advocate for absolute respect of law to avoid committing mistakes similar to those committed by authorities in the past (Gabbay, 2010). The elders will formulate laws that are in line with the societal principles. Legal system Authorities use common law in promoting mutual existence among populations meaning that the legal system that has assisted authorities in protecting large diverse populations. According to Marmor (2005), common law allows for equitable sharing of national resources; furthermore, such a system punishes evil. It also preserves culture by presuming that a person is always innocent until his guilt is proven. Activities such as oil exploration can benefit the populace effectively when the council of elders in the island of Tagg uses common law. USA is an example of a nation that has embraced common law in their jurisdictions. Challenges like an increase in population can be controlled through restructuring common law principles that govern citizens’ relationship (Gabbay, 2010). Embracing the principle of common law does not interfere with the value system in a society since it allows the populace to influence the jurisdiction used in a region. This creates fairness in large diverse populations. However, the state has the absolute authority in formulating laws. It is the duty of the council of elders in Tagg to introduce the federal system of governance in the Island for the advantage of the masses. According to Posner (2004), the existence of private property in a society determines the formulation of civil laws. A legal system that uses civil laws focuses on preserving the diverse population. Challenges have emerged in the society because of the desire to create wealth. Nations use civil laws in societies affected by globalization to preserve culture. Indeed, the legal systems that enhance understanding between cultures are preferable in the island of Tagg. It is simple to handle issues brought about by modernization when effective legal systems are in place. Civil laws exist to create equality in a society as asserted by Posner (2004). Over the years, societies have used civil laws as the legal system of protecting diverse populations. Nevertheless, civil law is the most common system for use by authorities globally. People’s contribution and perception is recognized and respected in a community. Religious law is partially used in homogenous society where citizens ascribe to a specific religion. Legal theories Authorities in large diverse population use legal theories to protect the community from challenges that may alter the society’s social structures (Posner, 2004). These laws harmonize different legislations to foster understanding within population. However, the laws created confusion because they were not enacted properly in the past societies. Therefore, the council of elders should use the legal theories that respect the value system of people form diverse backgrounds. For example in realism, attention is given the decision that is to be made and not the statutes already in place (Posner, 2004). The council has to be more cautious not to interfere with the economic activities of the people of the island of Tagg. Governments in the past used legal pluralism whereby they relied on various laws. Similarly, at the island of Tagg pluralism is applicable because of the differences in people’s perception on exploration of oil. According to Gabbay (2010), natural law theories have been instrumental in societies in explaining the existence of laws. In natural law theory, there is an assumption that two forces that control the society are present. One of the forces is the natural force; a force beyond humans since it is controlled by nature. Societies associate the force with the presence of a supernatural being. The second force in the natural law theory, which is determined by human kind. They are laws put to place by jurisdiction authorities to protect the society. For the case of island of Tagg, the council of elders will develop the laws in place. Marmor (2005) asserts that the laws in “natural law theory” have to be rational to ensure balance in societal interest. Authorities in the past used natural laws in determining exploitation of resources in a given setting. The shortcomings were that the authorities failed to consider the long-term impacts that the exploitation of a resource may pose to the society. Legal naturalism emphasizes on morality amidst individuals in the society. Legal positivism theory has been used in large populations for various reasons. The culture for the members of a society is recognized in establishing laws in legal positivism (Gabbay, 2010). Tagg Island will benefit when the council of elders centers on positivism legal theory to practice. It is advisable for authorities to use this theory in establishing laws that guide international businesses, because of the differences in people’s culture. It is paramount to harmonize rules to minimize conflicts in societies meaning that rationality is prioritized in decision-making. The shortcoming of the theory of positivism is that it relays mostly on state authorities in implementing laws. In the past legal positivism was used in to benefit humans since its focus was on the source of laws. Realism theory of law delves on the impacts of law to the society. According to Gabbay (2010), realism asserts that it is essential for people to understand the law but not its origins. Rules are only important when they are practically applicable in a societal setting. A neglected rule in the society is irrelevant until a legislative authority put it to use. The applicability of the theories is similar to the common laws since decisions made in previous cases determine future solutions. Discussion The systems that employed the legal theories were not successful in their administration. They experienced challenges of various forms concerning the use of natural resources in a societal setting (Sartor, 2011). The laws, which were previously useful, discouraged investment in the community, thus, creating a dilemma. A nation like Tagg could have realized a decline in its economic activities since success was only achievable in cases where realism, positivism and naturalism recognized the difference in people’s perception towards culture. Moreover, laws caused an imbalance on the economy. They interfered with the natural system of wealth distribution in the societal setting (Sartor, 2011). There was difficulty in choosing the legal approaches that industries can use when accumulating resources. Corruption in some nations is attributable to the wrong legal structures in place. The presence of laws that interferes with the value system in a society always contributes to unethical practices such as corruption. The legal structures discouraged modernization of the society since they discriminated against certain groupings in the population. As such, it is understandable that laws are supposed to accommodate differences in people’s culture and values in resource exploration. Regardless of the legal approach in place, there are disadvantages of laws. It is difficult to enhance understanding when choosing the best legal approach applicable at Tagg Island. Sartor (2011) indicates that legal theories can compromise the morality of people in different cultures. As a means of creating a just society, an investigation should be initiated on the legal theories that can be instrumental in an area. Recommendation The council of elder at Tagg Island should harmonize their laws to recognize the cultural differences culture. Obviously, the court system is the preferable legal approach in cases of conflict in the island of Tagg is the. This means that the authority should balance the needs of different individuals. It will be beneficial for the council of elders at Tagg Island to develop an elaborative legal system. The electoral system will be instrumental among the populace in Tagg while coming up with laws; thus, giving peoples an opportunity to exercise their democratic right (Sartor, 2011). Authorities govern according to the resolve of the popular. It is equally clear that democracy will be an effective when choosing the best legal theory for the island. The council of elders will serve as the legal authorities surcharged with the duty of interpreting laws governing the use of oil resources. The challenge will be meeting the interest of the people while taking care of resource use. The council of elders can use the positive law theory at Tagg Island, which stipulates that laws be used without questioning the authority. The assumption while using the laws would be that legal authorities be consulted widely prior to initiating legal restrictions on the use of natural resources (Posner, 2004). Resource distribution is critical in ensuring peaceful coexistence of populations in a given setting meaning that authorities should devise laws that ensure exploration of oil does not interfere with the value system at island of Tagg. They should come up with measures that ensure equitable distribution of resources at Tagg Island. The council of elders will welcome people of different cultures in their society. However, they will guide the investors on the approaches to use while relating with the indigenous communities. In the past, society’s legal systems preserved the society by discouraging foreigners from settling in their territories. However, this strategy is impractical in the present society because of modernization given the supposition that the world is now a global village. As such, people should interact through trade meaning that the council will open up the island by allowing the exploration of oil in their territories. Theories used in large diverse populations also apply in homogenous communities (Posner, 2004). Authorities in the island nation of Tagg can use theories similar to those used in the past. It is clear that patent system has been the legal system for protecting commercial enterprises that came up with innovations. Laws on patent rights ensure that an individual benefits from his/her invention. Previously people sought truth using legal theories that emphasizes the need for carrying out activities communally. It is equally notable that conceptual legal theories are not constructive in guiding the society on the best approaches to relate in using resources such as oil. Lastly, Jurisprudential theory is applicable in Tagg because it explains the expectations of the populace from the council of elders. Conclusion Authorities should use legal structure in guiding the masses; however, it is challenging to establish legal structures in societies that are heterogeneous. However, for a society that was initially homogenous like the Tagg Island, the council of elders has to consult prior to devising the best legal theory for use. Thereafter, the council of elders can introduce modern approaches to law that recognize diversity of the current populace at the island. References Gabbay, D. M. (2010). Approaches to legal rationality. Dordrecht : Springer. Marmor, A. (2005). Interpretation and legal theory. Oxford: Hart. Posner, R. A. (2004). Frontiers of legal theory. Cambridge, MA: Harvard Univ. Press. Sartor, G. (2011). Approaches to legal ontologies: Theories, domains, methodologies. Dordrecht: New York. Read More