Sunday, 16 October 2011

Bedtime Story (Plato's Cave Analogy)

Plato's Republic 
Plato’s cave analogy describes how there is a distinct perfect world out there made up of perfect forms. Plato believes the world in which we live in now is imperfect, and simply a copy of the reality of the perfect world that exists. This theory came about through the story of prisoners who were chained in a cave, where all they could see was the wall in front of them because they couldn't turn their heads. Behind them burns a fire, and puppeteers use objects to cast shadows on the wall. The prisoners can only see the shadows and hear the echoes from the objects therefore this is what they perceive to be reality. A prisoner is released and forced to look past the fire and objects which up until now has been perceived as reality. After climbing out the cave his eyes adjust away from the shadows and reflections and he begins to see sunlight and people in their own existence. This brings in to context that the others cannot understand something they have yet to experience, therefore it is down to the prisoner to adapt to leadership. Plato describes those who have recognised the forms of goodness as responsible leaders. This story told my Socrates and Glaucon puts into perspective how reality plays such a significant part in our own existence, and depending on how one understands it will results in a duty for leadership and government.


Plato believes that the soul is organised into three parts:

REASON - Knows the forms therefore reality
SPIRIT - Consists of courage, ferocity, aggression. This is amoral as it wants honour but does not know what honour is.
DESIRE - Constant Craving
Well that was a very philosophical bed time story, sweet dreams all xxx

Political Philosophy - Hobbes, Locke and Machiavelli

After some alphabetic mixed with scoobydoo spaghetti I am spending the remainder of my Sunday evening with blogger. So here are my notes on political philosophy covered on Tuesdays HCJ lecture.

Plato's Crito: 
When Socrates was imprisoned after his trial, his friend Crito tried to persuade him to escape prison. However, Socrates dismisses this suggestion and explains why he believes he must face his sentence. He introduces the idea of a contract between him as a citizen and the state. (This is known as the social contract*) He explains how he has lived in the city and benefited from it therefore he must abide by the laws; if he breaks the laws he believes he is attempting to destroy the whole city. 

Thomas Hobbes (1588-1679)
Hobbes was an empiricist and an admirer of mathematical method. His most famous book 'Leviathan' was written during the English Civil War and later published in 1951; it sets out his theories on the social contract. 
Hobbes speculates what life would be like with no government, a condition which he calls 'State of nature". To sum it up Hobbes argues that because everyone would have the right to everything in the world, there would be 
"Bellum omnium contra omnes" Translated from Latin to English: "War of all against all"  
Hobbes believes that man is nasty, brutish and short, he strongly believes that society cannot exist without a higher power thus to avoid chaos it is necessary for a strong government to be in place in order to rule people and their property. 

John Locke (1632 - 1704)
One of Locke's Doctrines which I found particularly intriguing was his theory that we are all born with a blank slate. He believes our knowledge is derived from experience, and our ideas through sensation and perception.  
"Let us then suppose the mind to be, as we say, white paper, void of all characters, without any ideas; how comes it to be furnished?"
Locke teaches that we have three kinds of knowledge of real existence:
1. Our Knowledge of our own existence is intuitive
2. Our Knowledge of God's existence is demonstrative
3. Our Knowledge of things present to sense is sensitive

In the year 1689, a year later from the Revolution, Locke wrote two treaties on Government.
First Treaties-
THE HEREDITARY PRINCIPLE:
  • Attacks the concept by Sir Robert Filmer on the "Divine Right of Kings" as he believes it will be the downfall of all governments.
Second Treaties:
THE STATE OF NATURE AND NATURAL LAW
  • This is the idea that everyone enjoys natural freedom and equality but they must obey natural laws. As it states in the declaration of independence "no one ought to harm another in his life, health, liberty or possessions for we are all God's property".  Locke believes people are born with the rights of life, liberty and property. In contrast to Hobbes, Locke believes authority is meaningless, he supports a democratic government whereby power is separated so that no one person is in charge.
  • The laws of nature are moral laws whereby every man has knowledge to differ right from wrong, he believes we shouldn't have to be told what is right or wrong because we all have our own minds.
Niccolo Machiavelli (1467 - 1527)
Machiavelli is the founder of modern political science, his most famous work was 'The Prince' was written during the Renaissance for the Medici Rulers of Florence. Machiavelli's central concern was the welfare of his country, he explores power; how to achieve power, and keep hold of this power, whilst maintaining trust and support. Machiavelli introduced a new attitude of humanism- "Man is the measure of all things". 


Wednesday, 12 October 2011

Media Law Lecture 3 - Defamation

Lecture Numero 3 consisted of a few classic one liners from Chris:
1. Be Rude. Rude is good, in other words 'Attack Journalism'
2. Never be wrong.
3. Comment is cheap, Facts are priceless
4. Don't use prostitutes as witnesses
5. Don't make spelling mistakes.

*Time to tuck into some chocolate... ah they have writing on, this makes it all the more interesting, it say's "You're Classy" on it... and if you are reading this then you too are classy people!


Well onto the learning part of the lecture - DEFAMATION.

Defamation is a Civil Tort (Dispute between two parties)  It can be split into two categories:

Slander - Defaming someone in a non permanent form where a third party has heard e.g spoken  (Journalists do not that to worry about this)
Libel - Defaming someone in a permanent form e.g written in a newspaper or magazine
LIBEL = IDENTIFICATION + PUBLICATION + DEFAMATION 
Identification = Purely identifying someone correctly with as many specific details as possible to distinguish them from the 1000 other Paul Smiths in the world.
Publication = Published in a permanent form and shown to a third party

The law of defamation is set up to protect our reputation. Our reputation is made up of objective facts and subjective opinions that other may have on you. A defamatory statement (false accusation) which attacks someones reputation entitles them to compensation which can be dealt with in civil courts. It does not have to be proven, you only have to show the jury 'on the balance of probabilities'. You can defame someone in four ways by:

1. Exposing them to hatred, ridicule or contempt
2. Causing them to be shunned or avoided
3. Discrediting them in their trade, business or profession
4. Generally lowering them in the eyes of right-thinking member of society. 

The main defenses are :
Justification - If it is true and it can be proven 
Fair Comment - Based on fact, and honest held opinion of the person publishing it
Absolute Privilege -  Complete freedom of speech, it does not matter whether the words are true or false.
Qualified Privilege - Journalist under certain circumstances but not all can say what they like.

So I have eaten way to many chocolate oranges throughout this post, the last two chocolates being the most suggestive: "Have fun" followed by "smile now!"  - I think this box of chocolates is trying to tell me something...





Court Rise

A new experience to add to my list: going to court. (plus being searched with a metal detector) 

When we first arrived at Winchester Crown Court I felt as though I had walked into the wrong building, It felt surreal to say the least being in a building where real cases are being held, with real victims, and real judges. (The only thing that was not real was the perfectly groomed matching wigs) After sitting in what felt like a hospital waiting room, we plucked up the courage to enter the public gallery. To my surprise, it was just Nadine and I, which added to how conscious we had already felt being among professionals. (We did get a smile from the rosy faced judge though!) The small room was filled with the likes of the Jury, Judge, Solicitors, Witnesses, and Security; as well as a few other extra things I noticed. For one, the jugs that they used to drink water from looked as though it was a vase made for flowers. Secondly little notes going to and fro between the Jury to the Judge seemed all very confidential and important, only to be read out and questioned as to whether it was "a question worth asking?" this was one of a few intimidating moments.  On the whole It was a valuable experience which allowed me to put into perspective how the court runs. 

Thursday, 6 October 2011

Law and Radio 4

Regardless of barely any sleep I am up an hour earlier then needed, and thought I could use this time wisely to blog about the law whilst listening to Radio 4. (oh that rhymed!)

Basic Principles of Court Reporting:
1. Presumption of innocence - must be proved "beyond reasonable doubt"
2. Mens Rea (guilty mind) and Actus Reus (guilty act) must be proved
3. Justice must be seen to be done - trails are open to the public *
The Press are "The eyes and ears of the public"
4. Evidence based Justice - right to have evidence tested by Jury of Peers
*I'll be attending court next week and blogging about what it was like from the public gallery for the very first time!

Criminal Court is made up of many important people in wigs: 
JURY - decides whether not you are innocent or guilty based upon evidence
BARRISTER - there are two teams:
1. Representing the prosecution
2. Representing the defense
Barristers are "briefed" by solicitors on the case at hand.
JUDGE - decides on admissibility of evidence, and most importantly sentence length.

Note: In case you ever have to go to court, look at the length of wigs for an indication of how much trouble you are in.


Offences are categorised in to three sectors:
1. Indictable offences - Serious crimes such as murder, rape robbery, dealt with by crown court
2. Either-way offences - Can be dealt with either at a Crown court or Magistrates court
3. Summary Offences - Minor crimes such a common assault, drunkenness, speeding, dealt with magistrates court.

CONTEMPT OF COURT IS A STRICT LIABILITY OFFENCE!
We must never influence the Jury - in other words leave your "He did it!" t-shirts at home.


If granted Qualified Privilege, (the bit all us journalists like to hear) we can say anything we like without being sued. But, it must must must must must be accurate, the most important thing I took from this lecture is that we have to be...


FAST                   ACCURATE                     FAIR

Wednesday, 5 October 2011

Mass Culture

I have been meaning to blog about the 'Mass Culture' lecture we had on monday, but since then my life has been overtaken by Teeline, Russel, and McNae's. The lecture on monday was insightful, a calming and motivational mood was set as we walked in to Beethovens symphony, a contrast from the frantic panic of reading HWP for tuesday's seminar. Greeks aside, I learnt a lot about High and Low culture, so i'll fill you in:

'Taste' (not the food related sense) is often concidered as a 'natural' habit, without realising we all have our own perception as to what we believe is good taste, or poor. It is an expression of individuality or even a group as a whole. In simple terms, high culture such as Ochestral Music, Opera, Ballet and Fine Art tends to appeal to a smaller audience, sterotypically generally to an upper class background.Whereas, Low culture such as Cinema, Soaps/TV, Magazines and Celebrities, is extremely popular appealing to a mass audience.

*French accent at the ready... Pierre Bourdieu questions how the logic of taste and preference work. He claimed that cultural preference works as a form of cultural distinction, and our taste and notions of when we deem as 'quality' are socially constructed. Random example but if you hang around with a bunch of skater chicks you probably rate Avril Lavigne, and amongst that group you would be classed as having good taste, but to someone else you could be looked upon as having very very bad taste. This is where "Cultural Capital" or as Pierre may say "le capital culturel" comes in, it is linked to social status and education. Our individual values of what we categorise as high or low culture are not fixed, in the sense that generations can change them.

Shock was definitely on all our faces when Robert Maplethorpe's art popped up before us: 'A man in a polyester suit' (google it if you wish!). Well, the long awkward silence led to the room suddenly feeling hotter and in my case looking anywhere but at the board, (totally primary school I know) but it reminded me of when I encounted him in my Photography A level.  However, in this instance, it got people thinking as to whether his work could be deemed as pornography or art? Emphasising upon the point that different people will have a different perception, prehaps because of our educational background, or values.

In the words of Raymond Williams - 
"Culture is Ordinary" 
"There are no masses there are only ways of seeing people as masses" 

Tuesday, 4 October 2011

Chapter 18 of 29

It is times like these when I wish I wasn't such a sloooow reader, as most of the other journalism students will agree, our weekend has been devoted to cramming in knowledge from Russell's book, and in my case scoffing any food in sight due to stress and boredom. The fact that my highlighters seem to be wearing out is definitely an indication of an attempt to make my pages of notes seem far more exciting and colourful. I know there is barely a point to this entry but I had to share the pain... One guy said to me "you're still a fresher, don't read!!" well, "fresher" is the opposite to how I am feeling, and regardless of my flatmates partying in the kitchen last night I locked myself away. Guess it is time to adapt to the habitat of a bookworm.