Command and Conquer: Generals Unit Tactics: GLA Unit Strategies

Command and Conquer: Generals Unit Tactics: GLA Unit Strategies:

The GLA or Global Liberation Army is known for its resourcefulness and shrewd tactics. Some of the armored vehicles including technicals and marauders have the ability to scavenge destroyed enemy vehicle and upgrade their firepower.

One of the key important units to look out for is the scud launcher, bomb truck and the terrorist infantry unit. The truck can be very deceptive and can inflict serious damage on enemy structures. Learn more about GLA units and the strategies required to use them in this Command and Conquer: Generals tactics guide.

Rebel:

The rebel is the basic infantry unit of the GLA. It has the ability to capture buildings, which can be researched at the barracks. There are several additional abilities that can be upgraded. You can increase the damage by 25 percent if you research “AP bullets” at the black market. What’s more, you can also use their stealth ability against enemy infantry. All you have to do is research the “camouflage” upgrade at the Palace to have this ability.

With the help of stealth, the GLA rebel units can ambush enemy units, particularly in areas that are left undefended. With stealth, you can use them to capture buildings and oil derricks silently.

RPG Trooper:

The RPG trooper is very handy unit against both land and air units, but can get killed by the Chinese Gatling tanks, American Humvees and infantry units. Use 5-6 units to destroy armored vehicles and aircraft easily. You can also put them inside GLA Technicals to inflict maximum damage. Just like the rebels, the RPG troopers’ fire power can be increased by 25 percent if upgraded to “AP rockets” at the black market.

Terrorists:

These are very dangerous when used against enemy tanks and missile launchers, but can easily fall prey to Gatling tanks, Humvees, pathfinders or foot infantry. Always disperse them and then detonate enemy units, do not use them in packs.

In most skirmish maps, you will find vacant black-colored cars. Garrison them inside to create car bombs and drive inside enemy buildings and units to inflict maximum damage. But, remember that they can also cause damage to nearby GLA structures and units, so use them wisely. These are very resourceful and are the one of the best Command and Conquer Generals tactics for the GLA faction.

Angry Mob:

Angry mob are generally a group of specially created units that can cause maximum damage. They are generally created in groups. They can be unlocked after building the Palace. They have the most unique weapons including stones, Molotov cocktails and can be upgraded with firearms after researching “arm the mob” at the palace.

While they are not the best of command and conquer: generals tactics to employ against USA pathfinders, Humvees and Chinese Gatling tanks, they can cause serious damage to tanks and enemy structures. Use at least 4-5 upgraded mobs against enemy buildings and vehicles. They can also be a great option for defending key GLA structures.

Jarmen Kell:

This unit is the perfect answer to USA’s Colonel Burton. He has the abilities of the sniper and can denote buildings through his remote controlled bomb. You can use him to snipe infantry units as well as vehicle drivers and later steal them. But, his weakness is the slow reload time of his sniper rifle. You can easily eliminate Jarmen Kell with the help of your anti-stealth units. But, beware, he can hide inside buildings and take out all your infantry units. To make things difficult, the building does not change to the GLA team color, but once you locate him, you can force him to evacuate by throwing flash bang grenades.

Hijacker:

Hijackers are one of the most expensive units of the GLA faction, but can be tactically employed to inflict the maximum damage. They are mainly used to steal assault and general enemy vehicles. You can use them to capture enemy vehicles with the first level veteran status. You can also hijack enemy dozers, build their structures and units and create havoc on them with their own structures. to unlock the hijacker, you will have to build, palace, barracks and sped three general points. Quite a hard work to create this unique unit!

GLA Armored Vehicles:
Technical:

Playing as GLA ensures you have excellent Command and Conquer: Generals tactics and strategies up on your sleeves. Most GLA vehicles are very resourceful. The technical is the best example of a cheap, resourceful yet destructive GLA vehicle. It can serve as an excellent vehicle transport for infantry, terrorists and hijackers. Put some of them inside and drop them on the enemy zone make your fight easier.

A good example of its resourcefulness is its ability to upgrade its firepower by stealing scrap of destroyed enemy vehicles. Just run over the scraps of two destroyed vehicles and see its firepower change from machine gun to missile attacks.

Scorpion:

The scorpion may be the weakest armored vehicle of the GLA, but once it is upgraded with “scorpion rockets”, it can cause destruction to enemy vehicles and infantry. Scorpion upgrades are mainly available at the arms dealer structure, the palace and the black market. To upgrade its fire power to rockets research the scorpion rockets at the arms dealer, but if you want to upgrade it with deadly anthrax, then research “toxin shells”. This can inflict serious damage to the opponent’s infantry units. You can also enhance the damages by researching “anthrax beta” at the palace. When battling against enemy units, use at least 7-8 upgraded Scorpions to get excellent damage results.

Marauder:

The Marauder is one of prime GLA armored vehicles. With its increased range, accuracy and good armor the Marauder can cause great damage to your opponent’s vehicles and units. It has features similar to the scorpion. You can upgrade using scraps of enemy units and use it to fire anthrax weapons from its projectiles. Use at least 6-7 marauders along with other units while planning an attack on your opponents. The rest upgrades are similar to the Scorpion.

Quad Cannon:

The quad cannon can be used as a good defensive unit against light armored vehicles and infantry. But, it is very weak against heavy armored vehicles and air units. Always have a group 0f 5 or 6 quad cannons to take out any nuisance infantry units. You can increase its damage power by 25 percent by researching AP bullets at the black market.

Rocket Buggy:

Rocket Buggies are fast, accurate, but have slow reload times. Because they are fast-paced, they can easily hide beyond the reach of enemy units and come back strong. The best tactic is to use 3-4 rocket buggies to shoot and quickly hide them beyond the reach of enemy units. When it reloads, attack your opponents again. Using its speed and heavy fire power can be the perfect strategy against your opponents.

Bomb Truck:

Bomb trucks are extremely effective against a large group of enemy units. As the name suggests, bomb trucks are loaded with explosives and chemical weapons. You can employ multiple tactics with these expensive units. Use them silently to sneak inside enemy base and run over a cluster of vehicles. You can also use them to sneak into unguarded enemy structures.

Scud Launcher:

The scud launcher is GLA’s artillery weapon that can fire scud missiles from a good distance. It has two types of fire power-anthrax warheads and explosives. When playing skirmish battles in Command and Conquer: Generals, use the scud launcher’s explosives against enemy structures and warheads on infantry and vehicles. Make sure your launchers are protected with RPG troopers and marauders as they are very vulnerable against enemy armors.

Because they can bombard from a great distance, make sure you place them at strategic isolated areas near enemy base camp.

Toxin Tractor:

This unit spurts green toxins at enemy units and can be very effective against light infantry units. You can eliminate your opponents infantry garrisoned in civilian buildings. But, always support it with other units and make sure they are far off against heavy armor.

2D and 3D Games

Difference Between 2D and 3D Games:Introduction:

The first concept we should know that what 2D is and what is 3D means. 2D means 2dimension, here everything happens in a 2D plane. Like if we draw any picture on a paper then we can see that only from a single perspective, what kind of perspective we follow to draw that picture. For 2D surface the picture would be flat, without depth. To draw a 2D picture we use matte painting also. Like that in 2D games we can see the whole game from a single perspective whatever we follow to make it. And 3D means 3 dimensions, means here we can add depth in a picture. In 3D games we can see the character from different perspective. Here the pictures have depth and shadow which makes the picture real and it looks like something happens in front of our eye in real life.

About 2D games:

2D games are also called Platform game. The word platform also describes that something held on a platform. Here the player can run, jump, shoot, collect powers on a platform. It is a video game genre; 2D games are become very old. But some developers still like to play 2D games to get the innovative idea, because we learn everything from past. That’s why they wants to play 2D games to make their game more interesting and get idea to give some new feature in their game. Mostly the characters of 2D games are cartoonish and unrealistic. We can’t give a realistic feel in our 2D character. But in 3D it is possible because of depth. By using depth we can make a character which would look like a real. Mostly platform games are based on some levels, if the player can kill all enemies or cross a certain part which heshe has to cross (like-Mario) then only the player can move to the next level. In next level may be there would be more enemies which the player has to kill.

As per my knowledge the era of platform games started in the early 1980’s and the 3D games started in mid of 1990. There is some confusion that which is the first 2D games.

Frogs is an arcade game which released in 1978, this is the first game where the character can jump on the screen, making the genre’s earliest ancestor. Space Panic, which is also arcade game and released in 1980, is sometimes credited as the first platform game. Donkey Kong is an arcade game created by Nintendo and released in July 1981, was the first game that allowed players to jump over elements which are there and across gaps, making it the first true platformer. There are some versions of Donkey Kong. The next version of Donkey Kong is Donkey Kong Jr. which is also become a famous game. Donkey Kong introduces Mario. The third version of Donkey Kong was not become so famous but it succeeds by Mario Bros, which is a platform game and it has an extra feature of multiplayer, where two players can play simultaneously. By using the same rule in future many gaming companies made multiplayer games. Pitfall is a video game released by Activision in 1982 for Atari 2600.

Then 16 bit computer had introduced and it brought evolution to this genre, this time Saga introduced Mega Drive which is forth generation video game console. This console had introduced in Japan in 1988 and 1990 in Europe. It was released in 1989 in North America under the name of “Genesis”. This was Saga’s most successful console. It competes with TurboGafx-16 which was released one year earlier in Japan under the name of PC Engine.One more console had introduced in this time that was Super Nintendo

Entertainment System

Entertainment System which is also called Super NES. It is also a 16 Bit video game consol which released by Nintendo in 1990. This consol had released in many countries like North America, Europe, Australia, and South America in between 1990 to1993. In Japan and Southeast Asia this system is known as Super Family Computer and in South Korea this system is known as Super Comboy which Distributed by Hyundai Electronics.

Both systems were built for 16-bit computers and offered improved graphics and sound over the 8-bit NES. After Super NES released the Super Mario World released for this consol. To compete with Sonic the Hedgehog Saga released Sonic the Hedgehog which is platform game developed by Sonic Team and published by Saga for Mega Drive system. It was the first game developed by Sonic Team. Sonic Team is originally known as Saga AM8 which is a Japanese computer and video game developer and established in Ota, Tokyo, Japan in1990. Sonic include a feature of large field that scrolled effortlessly in all direction as well as manners of curve hill and a complex physics system that allows player to rush through its level with well placed jumps and rolls. It gives a massive hit, was a successful pack-in new system.

At the end of 16 Bit era some games were released like Yoshi’s Island and Donkey Kong Country. Then new kind of hardware was released and it takes player’s attention, so the attention was totally shifted away from traditional 2D genre.

About 3D games:

The term 3D platformer referred that featured gameplay in three dimension area and polygonal 3D graphics. Games which have 3D gameplay but 2D graphics is comes under in Isomertic Games. On the other hand those games that have 2D gameplay in 3D graphics are called 2.5D that means these games are between 2D and 3D. In 3D we can implement depth to an object which gives it a real look. In 3D games the characters are look like real character which exists in real world, we can see the facial expression in character’s face. In 3D games there are some missions, where the players completes one mission then heshe go to the next level and next mission would be more tougher than the previous mission. In 3D games multiplayer is mostly played by the players because they want to play together to beat one another or they make a group to beat other group and communicate with one another.

After the era of 2D games, gaming companies first tried to make a platform game with 3D game and 2D graphics and isometric perspective. These games are also very old as the genre itself. The first game which have 3D perspective and moving camera came around in the mid 80’s. Trailblazer was released for various computer in 1986, used a simple linescroll effect to create a forward scrolling 2.5D (also called pseudo-3D games) play field where players manipulated a bouncing ball to leap over obstacles and pitfalls.

In 1987, Squaresoft released 3D World Runner, which is a forward scrolling action game, here in this game the player has to leap over obstacles and chasms. In 1990, an Estonian developer called Bluemoon released Kosmonaut which is a forward-scrolling driving/action game similar to Trailblazer, which consisted almost entirely of difficult platform-jumping obstacle courses. While the gameplay took place in three dimensions, and the graphics were polygonal it is considered pseudo-3D because it used a fixed viewpoint. Alpha waves which is a French computer game is to be found as the earliest example of a true 3D platformer, which is created by Christophe de Dinechin and published by Inforgrames in 1990 for the Atari ST, Amiga and PC. 3D games give the character a smooth movement, the camera angles would be from different point of view.

A small developer called Exact released a game for the X68000 computer called Geograph Seal in 1994. This game was fully 3D polygonal first person shooter hybrid with platform jumping component. Players piloted a frog that could jump, then double jump, and triple jump high into the air, as the camera is also moved to show players jump and landing. In addition to shooting, jumping on enemies was a primary feature of attack. This was the first 3D platform game that released in Japan, but it never ported to another platform and not released outside of Japan. The following year, Exact released their follow-up to Geograph Seal for Sony’s new PlayStation console. Jumping Flash!, released in April 1995, this game is generally regarded as a direct continuation of the gameplay concepts in Geograph Seal, which was likewise a mix of first-person shooting and platforming, with similar controls and camera-work. Here the frog was more cartoonish than the previous one it’s like a rabbit which is called “Robbit”. In this game the level design had an even greater focus on platform gaming, it was released in Europe and North America. It was titled as first 3D consol game. A Saga Saturn game Bug! Was released in 1995, it offered a more conservative approach to true 3D platforming. In this game players could move in all directions, but it did not allow movement along more than one axis at once — the player could move left to right, or forward and backward, but not diagonally left and backward at the same time. This game was very similar to 2D games but considered as true 3D games. This game had an extra feature that the player could climb on wall and ceiling, which was a great success.

2D platformer game

In 1995 Fade to Black was released by Delphine Software which was a sequel of their popular 2D platformer game Flashback, it was the first attempt to bring a popular 2D platform game series into 3D. It had puzzle-oriented level design style and step-based control. It dose not follow the criteria of platform game and it came under action adventure game. It used true 3D characters and other objects. But it’s environment were created using rigid engine which was similar to Wolffenstein 3D in that it could only render square flat corridors. Sony, Saga and Nintendo were under great deal of pressure to release mascot platformer before 1996 holiday season. Sony choose an existing project by developers Naughty Dog, which was a small developer at the time who released the Way of the Warrior recently. Then Crash Bandicoot beat Nintendo’s new console to market in North America and it was released in the time for the holiday in Japan. Before switching to multiplatform releases in the following console generation crash would remain Sony’s unofficial mascot for the next several years. Then Saga had tasked their American studio, STI, with bringing Sonic the Hedgehog into 3D. The project was titled as Sonic Xtream, it was to feature a radically different approach for the series with Fisheye camera and multidirectional gameplay like Bug!

3D games give the player a great area of play field than 2D platform games. Final Fantasy VII was a major breakthrough in RPG first person shooter which is still so popular game. Tomb Rider was one of the best selling game on the PlayStation in gaming industry. Sixteen generation era was the best system selling era. By the time Saga had produced 3D Sonic games Sonic Adventure on its new Dreamcast console. It used to play smoothly the games like Mario 64 with some extra feature, mostly it emphasis on speed. Then Nintendo launched GameCube console without releasing any platform game for it, but in 2002 Nintendo released Super Mario Sunshine that was the second 3D Mario game. Because of low numbers of level, and its level design was not so good so it was failed to make a good marketing. Platform game is a vital genre but it was failure to capture the popularity and market that they held once in 1998. In 1998 platform games had 15% of share of market but within four year it comes down in 2% while the RPG and first person shooter have continued the grow and popularity.

Similarity In 2D and 3D games:
Goal:

There are some similarities in 2D and 3D games like both the game have some goal that player has to finish that then only heshe can move to the next level or mission or win the game.

Control:

In both the games the character has the ability to move forward, backward, jump, shoot to kill their enemies. It depends on the game, which game we are playing. If it is an intelligent based game then the controls would be different.

Console:

Both the games are made for some console for 3D there are some extra consoles are there. Playstation 2, playstation 3 are the consoles for 3D games.

Replay Ability:

In both kind of game another main similarities is replay ability. We can play several times. Like if we loose one level then we can play it again to win that level and move to the next level.

Difference between 2D and 3D games:
Character:

The major difference between 2D and 3D games are their characters. In 2D games the characters are like cartoonish, they don’t look like a real one. But in 3D characters sometimes they also look like cartoonish but due to depth the characters look like real. In 3D characters we can show the emotion in character’s face. The characters take position when heshe shoot hisher enemy.

Interaction:

We can see the 2D character from only one perspective view may it be from side view, top view or player’s eye view (here the camera is placed behind the character). We can’t implement all of these in a 2D game. But in 3D games we can see the player from different point of view in a game. We can move the camera in 3d games in three directions-sideway, up and down. Some of the games like Warcraft 2, Fifa here we use isometric point of view. This angle is not comes under 2D nor 3D. In isometric view the camera angle would be some fixed angel from where the characters look like 3D character. But these are not 3D games.

Graphics:

And another major difference is graphics, in 2D computer graphics are digital images.

There are two types of graphics one is Raster graphics and another one is Vector graphics. Raster graphics or bitmap are composing by array of pixel, here each pixel has different color or shade. They are editing by changing color array by array. These are used to make mobile phone games, very old computer games. Vector graphics are composed with path, here path are use to establishing mathematical relationship between points within the image. In photographic images vector graphics are mainly used. 3D computer graphics are use to represent the 3D geometrical data. Then these data’s are manipulated by the computer via 3D computer graphics software to customize their display, movement, and other appearance. Sometimes we use some 3D model which is a mathematical representation of geometric data that is contained in a data file.

In 3D character we can implement light, shadows by using some software like-3ds Max,

Autodesk Maya etc. by using these software’s we can make some character and then we can implement those characters in our games.

Background:

In 2D games we use a simple picture or some matte painting image for background, but in 3D games we use skybox that is the surrounding world. Skybox is a box which covered by some image which we can make by collage work in Adobe Photoshop. But there is a condition that in that image both edges should be similar. I mean it should be snapped together edge-to-edge. Then only we can feel the real world, if any difference is shown in that image then we can’t see the proper output which we want. Then we have to import that image in Autodesk Maya or any 3D modeling software. So we should be very careful when we work on skybox.

Level Design:

Level design is based on games that which type of game it is. Before implementing we should be very clear that how many players are in the game, how many levels we are going to create. First we have to know that what we are going to make a 2D game or a 3D game. Because here realism do some matters. In 2D games it doesn’t matters too much but in 3D games it gives a biggest difference. In 3D games we have to give a close attention on Texturing, lighting, and all the other things would be in three dimension.

System Requirement:

To run a 2D game the system requirement is not a big factor. It takes hardly 512 Mb RAM, without graphics card we can play 2D games in our system. It does not make difference too much in gameplay. We can play some 3D games also in this configuration. But some games are made with high graphics for that we need at least 1 GB RAM and if we use graphics card also with this configuration then the game would be more smooth and we can see the texture and the other things which used in the game would be visible clearly.

Game Engine:

Game engine is a kind of library, in library we can read books, if forget about the topic which studied then we can read it again. That means we can reuse the source. Like that game engine is a library of core function which we use in game. Game engines are as usually related to graphic, networking, input and other system. This is not a part of gameplay but it is a non specific part of game. By using this engine we can make several games. In most of the game engine we can play 2D and 3D games both.

Key Control:

In 2D games we use around 5-7 keys to control the whole game, hardly we take 10keys. This many key controls are enough for a 2D game. Sometimes we use mouse and some keys to control a game, and sometimes we use only mouse to control a 2D game (e.g.-Duck Hunt). But to control 3D game it takes around 15-20 keys and mouse to control the whole game. In a mission based fighting game like Delta Force we choose primary weapon, secondary weapon, bombs, grenades, binocular, map and many other options are there.

Believability:

2D games do not give a real feel. We play 2D game just for fun. Mostly children love to play 2D games, because these kinds of games are easier for them and they enjoy it. 3D games are looks real which I already discussed, it feels like the player itself in the battle ground. The surrounding world gives that feel. There are some simulation games which are so original. Mostly this kind of games made for soldiers to give them training by playing games. In Simulation games the controls are exactly same which exist in the real thing. Like if a player drive an aero plane then the controls and the activities are be exactly there which exist in real aero plane. The enemies would come they also try to crash player’s plane. If the plane crash then the player would feel vibration, which gives the reality of that game.

Market of 2D games:

The market of 2D game becomes very low because nobody wants to play this kind of game. When 2D games first released it was so popular, gaming companies got million dollars as profit by selling 2D games. Because 2D games were new things for people, so they tried this to accept the challenge. But now these kinds of games are become very old. This is the era of 3D games; most of the gaming companies who made 2D games are now making 3D games because of market demand. Now people become fading up by playing 2D games, they want something more. 3D games give them a different feel to the players. So people love 3D games and it has a great market. Companies do not want to make any 2D games because of its down market, but also we make 2D games.

To learn about making 2D games gaming colleges first learn about 2D games, that’s why 2D games are still producing in the market.

Online play option:

We play online games which are called MMO that is Massive Multiplayer Online games. When we play online games nobody wants to play 2d games, they want to play 3D games. Online playing game is a genre of role playing computer games with a large number of players interact with one another in a virtual gaming world. Like when we play Counter Strike in online then we make two teams and fight with opposite team. First we choose one character, called Avatar then we start playing. In game we can commend to my mates to cover me, plant bomb and more other commends.

Future Development:

All gaming companies do not want to make 2D games, they are concentrating on producing 3D games. Whatever games they released they wants to improve them and make a new version of that game. People do not like to play 2D games but still 2D games are producing because in gaming institute first they teach us how we can make a 2D game. It is the basic idea of making game; they start with 2D games and then learn about 3D games. In future gaming companies try to make 3D games by adding some extra feature. May be they introduce some new console for playing game.

Conclusion:

Whatever difference between 2D and 3D games, players do not care on it. Whatever game we play, we play just for entertainment. We just want some relaxation after doing lot of work, so we play game. We play games sometimes to learn something. By playing 2D games children learn so many things. Like color, shape, fruit name, flower name etc. by playing that kind of game which give them knowledge about these things.

Bibliography:

http://hge.relishgames.com/

http://2dengine.com/page.php?p=about

http://gpwiki.org/index.php/Game_Engines

http://www.devmaster.net/engines/

http://www.selfgrowth.com/articles/Key_Advantage_And_Difference_Between_3

D_Games_And_2D_Games.html

http://ezinearticles.com/?Whats-the-Difference-Between-2D-and-3D-Anyway?

&id=1634425

http://www.gameproducer.net/2007/07/27/differences-between-2d-and-3d-gameart-production/

http://forums.guestbook.com.tw/thread-43939-1-1.html

http://books.google.co.in/books?

id=iX3oWHNf9hMC&pg=PA209&lpg=PA209&dq=difference+between+2d+and+3

d+games&source=bl&ots=jdvcEWDJDm&sig=KA0WKC9fGQaqMMmJ_Adeyl6q

wMY&hl=en&ei=9OFiSqoexoCRBd_jlfoP&sa=X&oi=book_result&ct=result&resnu

m=7

http://blog.media-freaks.com/discerning-between-2d-and-3d/

http://www.theiphonedvd.com/blog/understanding-the-difference-between-2dand-3d-animations/

http://www.americanchronicle.com/articles/view/107414

http://www.articlesbase.com/graphic-design-articles/2d-and-3d-computergraphics-553432.html

Word doc goes here, ignore any pictures that are in them

Workplace Bullying: Literature Review

Workplace Bullying

Table of Contents

Introduction:

Aim of This Study:

Background for this Study:

The Research Problem

1. Defining the effects of bullying

2. Sensitivity of the subject

3. Categories of bullying behaviour

Methodology

Literature Review:

Does Workplace Violence Encompass Physical as well as Emotional Violence?

How Bullied Persons Are Seen:

What is a Bully Like?
What Does Bullying Do to An Organization?

Bullying and Workplace Violence:

Fundamental Features and Categories of Bullying:

Features of bullies:

Types of Bullying:

Bullying at Schools:

Bullying at Workplaces:

Cyberspace:

Effects of bullying:

Analysis:

Negative Behaviors:

Nature of Bullying:

Causes of Bullying:

Workplace Environments:

Personality of an Individual in Relation to his or her Workplace:

Bullying Negates Productivity at the Workplace:

Can A Manager Be A Bully?

Dictatorial Management Cannot Achieve the Best Results:

Survey Results:

Conclusion:

References:

Appendix:

People in this modern world have generally become more aware of their surroundings and the ways that they should be treated. They are generally more aware of their self-esteem and their value in society than they were in the past. One reason for this may be because in recent decades there has been more emphasis on things like human rights and equality of all individuals. With particular emphasis on working conditions, people are generally aware of how they should be treated and what sorts of conditions they should be allowed to work in. From a general viewpoint, one may think that this only refers to working conditions such as the physical environment that should not have any hazards in it. The reason for this thought is due to the fact that there have been several cases in the past in which employees were given hazardous conditions to work under. In contrast to this, people are more aware of these past problems, and probably would not hesitate to object to any hazards in workplaces today.

In contrast to having asserted the awareness that people might have regarding workplaces hazards, there are several individuals who may not realize that they are still facing workplace problems and end up not objecting to problems around them. Also, some individuals who are aware may not be able to oppose these forces, and thus, are compelled to work under these conditions. Some working conditions may not necessarily be hazardous in the conventional sense, but they may be considered as inappropriate for employees if they suffer stress because of them. One particular type of workplace hazard is known as ‘bullying’, and may be carried out by superiors as well as colleagues[1]. Statistics reflect more than 2 million people at work feeling bullied (Andrea Adams Trust 2005). One in four people say that they have been bullied at least once in the past 5 years. With these statistics, it is further said that workplace bullying results in a loss of 18.9 million working days and ?4 billion[2]. This is because those being bullied tend to be absent from work more often.

In addition to loss experienced in industries in terms of days and revenue, there is evidence of high levels of stress in individuals being bullied. Yet, it is not easy to evaluate workplace bullying, and this is because of the difficulty in precisely defining what workplace bullying is.

There are several definitions of ‘bullying’, but none are agreed on. However, some of these are interesting and do help to gain significant insight to the problem. According to Stale Einarsen (1999), it is suggested that …“bullying occurs when someone at work is systematically subjected to aggressive behaviour from one or more colleagues or superiors over a long period of time, in a situation where the targets finds it difficult to defend himself or herself or to escape the situation…”[3]

According to the above definition, bullying might be described as a process through which individuals feel intimidated by someone who uses their strength and power to hurt and frighten them. The presence of this person makes them feel vulnerable and uncomfortable to the extent that it stresses or de-motivates people at their work. In other words, it is a systematic approach through which an individual corners another, and there is no escape unless one escapes the system.

Recent research in the UK conducted in the form of surveys and UK cases have highlighted the importance of exposing ‘bullying’. This is because there is significant evidence to prove that it causes anxiety that leads people to suffer physical and mental distress. These are believed to be direct results of bullying in the workplace.

It is estimated that in the UK, six million working days are lost annually due to stress caused by bullying, job insecurity, shift work and long hours[4].

According to Cary Cooper (2000), people that reported being bullied had the poorest health, the lowest work motivation, the highest absenteeism figures as well as the lowest productivity compared with those who were not bullied. In addition to this, based on research in Sweden, Heinz Leyman (1993,1996) firstly introduced the concept of mobbing (bullying) as a relentless form of harassment in organisations. Theoretically, it could be asserted that bullying is an extreme type of social stressor at work that works in a system. It may be then said that bullying is a long lasting harassment, systematically aimed at a target person.[5] Having acknowledged the tremendous loss that bullying causes an industry, the UK Government believes that employees should have the rights to work in an environment without being bullied and harassed. In order to combat bullying in the workplace, the UK legal framework gives employees the rights, which protect them from any form of unreasonable treatment within the work place.

Keeping the above statistics in mind, this project is concerned with the effects of bullying in workplaces on individuals. It will also explore the nature and causes of bullying at work.

Most studies regard bullying as a unified phenomenon, in spite of the fact that different kinds of behaviours are involved.[6] It may be asserted here that these behaviours make individuals feel intimidated and occur in different situations and cross gender, age, and race of individuals. The intimidation and anxiety caused by bullying creates stress and stress related illnesses.

The aims of the proposed study are outlined below:

What type of negative behaviours that makes individuals feel bullied at their workplace?
Explore the nature and causes of workplace bullying.
Examine the effects of bullying on individuals.

According to Andrea Adams in “Bullying at work” published in 1992 bullying at work is like “a malignant cancer and the disturbing manifestations of adult bullying”… (Adams et al 2000, p.9) Andrea Adams, broadcaster and journalist, was the first person to recognise the significance of workplace bullying, and her book “Bullying at Work”, remains a landmark in this field. Adams suggests that bullying occurs when “professional abrasiveness becomes tainted with an element of personal vindictiveness” (Adams et al 2000, p32). Bullying is a sustained form of psychological abuse and often radiates from a senior person taking what they feel is strong management. However, bullying may not always come from a senior person in the workplace. It is thought that individuals may be singled out by a number of colleagues for various reasons.

Debrah Lee (1998), who has been researching workplace bullying, argues the emergence of workplace bullying as being a problem or whether it should be considered to be an interpretation for an existing problem. She demonstrates that workplace bullying is an interpretation for a range of unfair work practices. She identifies workplace bullying as:

…”Persistent, offensive, abusive, intimidating, malicious or insulting behaviours, abuse of power or unfair penal sanctions which makes the recipient feel upset, threatened or humiliated or vulnerable, which undermines their self confidence and which may cause them to suffer stress…taking credits for another persons idea, ignoring or excluding an individual by talking only to a third party to isolate another, spreading malicious rumours, persistent criticisms…[7]. Therefore, it could be said that bullying encompasses various kinds of negative behaviors.

There have been a range of debates around the nature and causes of workplace bullying. Stale Einarsen (1999) suggests that bullying may be used in a joking manner describing good natured horseplay or refer to minor events of aggressive behaviour that tend to be easily accepted and tolerated.

In this scientific study, the concept refers to rather specific phenomenon where hostile or aggressive behaviour, whether physical or non-physical, are factors of stigmatisation and victimisation of the recipient.[8] However, Dieter Zapf (1999) categorises five different types of bullying behaviour. They are:

Work related bullying which may include changing your work tasks or making them difficult to perform;
social isolation
personal attacks on your private life by ridicule, insulting remarks, gossip or the like;
verbal threats of such violence
Physical violence or threats of such violence.

(Adopted for use quoted in Zapf 1999; source Stale Einarsen 1999)

Zapf (1999) argues theoretically that bullying is an extreme type of social stressor at work. It is a long lasting escalating practice aimed at a target person. There is inadequate research and it is difficult to prove the causes and effect of bullying. It emerges that multiple causes of bullying have to be taken into consideration, and that bullying can be caused for various reasons.

1. Defining the effects of bullying

One of the main problems of finding out the effects of bullying is “stress”. Estimates of the cost of stress and stress related illnesses range from ?5 billion (TUC) to ?7 billion (IPD) to ?12 billion (CBI) each year. Stress can be caused from a variety of reasons. (www.bullyonline.co.uk) (11/11/05) Christine Hudson (2001) defines stress as:

…”literally a pressure of force exerted on an object. The emotional state that occurs when an individual believes that they do not have the resources to deal with a situation or series of events”… (Hodson 2001, p: 144).

Beehr & Franz (1987) suggest that “stress” has commonly been defined in three ways: as an environmental stimulus often described as a force applied to the individual, as an individual’s psychological or physical response to such an environmental force (Warr 2002, ch: 8 p: 204). If the cause of stress could actually be pinpointed to an individual’s workplace, it would be convenient to study how s/he may have been bullied.

2. Sensitivity of the subject

Bullying is a sensitive topic and people may be in denial or embarrassed because of the fact that they are being bullied. Not everyone will admit that they have a problem and some may not be aware that they are being bullied. Hence, it is a very sensitive area. Precautions must be taken when research is carried out.

3. Categories of bullying behaviour

Different theorists have different perceptions of categories of bullying behaviours. Also, individuals have different perceptions of defining what negative behaviour is. The literature review and analysis will help to reveal what authors have to say about different categories of bullying.

The method selected for this research paper consists of a quantitative as well as a qualitative approach. Both approaches will help to collect as much data as possible. Qualitative data will be obtained though pertinent journals, books, studies, magazines and newspapers, all presented in a literature review that will be analysed.

Quantitative data will be obtained through a survey consisting of 50 participants. A range of questions will be presented to them, and the accumulative answers to these questions will be analysed. In addition to this, the quantitative data will be discussed with regard to the literature review as well. This quantitative method has been selected because a questionnaire will provide the opportunity to seek answers to questions in a larger quantity.

Advantages:

Questions are designed so that answers from the individuals’ interviews can be added together to produce results, which apply to the whole sample.
The research is based on interviews with a representative sample of respondents.
The questions are designed to be unbiased
Large survey can often be broken down
Surveys lend themselves to future replication.

Disadvantage:

Data becomes the main focus of the research issues.
The data provide snapshots of points in time rather than a focus on the underlying process processes and changes.
The researcher is often not in a position to check first hand the understandings of the respondents to the questions asked. Issues of truthfulness and accuracy are thereby raised.
The survey relies on breadth rather than depth for its validity. This is crucial issue for small-scale researchers.[9]

Making use of primary data (Surveys, focus group interviews) and secondary data (journals, databases, case studies, books, newspapers etc.), the client’s aim is to find out what types of negative behaviours make people feel bullied at the workplace. This data will also help to reveal the nature and causes of workplace bullying.

Analyzing the survey data against the reviewed literature and the analysis will prove interesting. It is through this comparison that one will be able to tell whether the literature reviewed has any similarities shared with the results of the survey. It is expected that there would be similarities, and it is interesting to observe how significant these similarities are.

Bullying at a workplace can very easily be likened to bullying in schools. The difference between the two types of bullying is that each of them takes place in different age brackets. Bullying at a workplace is similar to bullying at school because it takes place within an institution that works as an arena within which bullying can be sustained. It is often thought that bullies at schools tend to do the same thing at workplaces when they grow up. This is perhaps because their behaviors may have been ignored by superiors and cheered on by classmates. As a result, the will to dominate continues as they grow up.

Some bullies target their victims because they feel the need to control a situation or an environment while others have a natural urge to dominate without any specific reason. Whether bullying takes place at the school level or in a workplace, it has often been noted that insecure individuals exemplify these behaviors.

Does Workplace Violence Encompass Physical as well as Emotional Violence?

According to the International Labour Organization (ILO) (1999), one of the severest problems being faced at workplaces is physical as well as emotional violence. The ILO defines workplace violence as: “any incident in which a person is abused, threatened or assaulted in circumstances relating to their work. These behaviors would originate from customers, co-workers at any level of the organization. This definition would include all forms or harassment, bullying, intimidation, physical threats/assaults, robbery and other intrusive behaviors.”[10] This definition is also said to encompass bullying.

According to CUPE’s National Health and Safety Survey of Aggression Against Staff (1994) a similar definition to the previous one is observed, verbal aggression and harassment in its definition of violence is: “Any incident in which an employee is abused, threatened or assaulted during the course of his/her employment. This includes the application of force, threats with or without weapons, severe verbal abuse and persistent sexual and racial harassment.”[11]

Definitions such as this one may also encompass bullying. In order to establish a connection between these definitions of physical and emotional violence, and bullying, the following case is important.

An employee of OC Transpo in Ottawa (April 6 1999) shot 4 employees dead, after which he shot himself. It was said that the employee had suffered from workplace harassment. The definition of workplace violence that had to be included in the coroner’s examination had to include definitions of physical violence as well as psychological violence[12]. Psychological violence or emotional violence includes acts such as bullying, mobbing, teasing, ridicule or any word or deed that could psychologically harm or single out an individual person in the workplace.

From the inclusion of emotional violence in the definition of workplace violence, it can be asserted that definition is very broad. Such a definition has helped to encompass several behaviors that are objectionable and are recognized as harmful to employees (Einarsen, 2002, 25-30).

How Bullied Persons Are Seen:

Usually, those who are bullied are seen as weak individuals or individuals that are different and singled-out. As opposed to the way that bullied person might be seen generally, s/he might well be a capable person, and one that handles his or her work independently. Quite often, such individuals are also well liked by their co-workers. However, bullies may pick on such individuals who may have a non-confrontative interpersonal style. Bullies may see the target as a threat, and set out to cut the target down. A bully of this kind may be a superior or even a co-worker. A co-worker may bully another worker because the target is considered one that is capable of excelling in his or her duties. A superior on the other hand may want to bully an employee in order to keep the target’s personality in check. This may be done in order to create or reinforce an impression of the superior being in control. Some superiors do take pleasure in bullying their employees in order to, in typical terms, show them who is the boss.

What is a Bully Like?

Bullies are usually insecure individuals, lacking social skills. The have little compassion for individuals in general, but tend to be harsh on individuals whom they decide to target. Bullies generally try to turn their insecurity outwards by targeting others. They take pleasure in knowing that they can throw their weight around. They use their positions to attack fully capable individuals around them by subjecting them to undue criticism. A bully may also tend to humiliate, ignore and isolate a target in front of others[13].

If the bully is in a senior position, s/he may make things difficult for the target or victim to work through. This would include setting up tasks that cannot realistically be achieved[14]. A bully may also take away important tasks from a target and replace them with demeaning ones. No matter what a bully does to intimidate a target, the basic idea is to control situations and environments.

What Does Bullying Do to An Organization?

Bullied employees tend to waste anywhere between 10 to 52 % of their work time. Many of them spend time preparing themselves against bullies, searching for support, thinking over the situation, and suffering stress and demotivation[15]. Many of them also do not show up for work regularly due to stress and stress-related illnesses caused.

A work environment in which employees are bullied is poisoned with lack of morale, anger, fear, depression, and related feelings. All this results in an employer suffering: loss of efficiency, absenteeism, high turnover of staff, and lawsuits[16].

Not only does an employer suffer because of bullying in a workplace, but bullying has an impact on the target’s family and friends as well. The daily stress that an individual suffers is carried to relatives and friends. A target’s marriage is also likely to suffer as well with long-term stress. Friendships too come under strain because a target may become possessive (Badzmierowski & Dufresne, 2005).

The damages caused by bullying also impact the healthcare system. This is because those who suffer stress through bullying tend to receive medication and counseling for coping with the problem, and these could last for significant periods.

Bullying and Workplace Violence:

Workplace violence is a practice that might be physical or emotional. This means that the tactics used in the process may be physical or emotional. Bullying is one of the tactics considered under workplace violence. Encompassing the emotional tactics used in workplace violence are: bullying, incivility, disrespect, psychological abuse, and emotional harassment. All these tactics may also be referred to as ‘psycho terror. Whichever way one chooses to define and describe these various aspects of workplace violence, they all have the same impact. This is to say that they all result in work time being lost, demotivated employees, medical claims, legal fees, and ultimately, company decline. Quite obviously, there are tremendous losses experienced in terms of both financial loss and in quality of life (Badzmierowski & Dufresne, 2005).

Focusing more on bullying as a tactic of emotional workplace violence, it can be asserted that bullying is any form of negative behavior that shows disregard for other workers. It might be asserted here that along with there being several definitions for bullying presented by various scholars, there are also several behaviors that may coincide or overlap bullying behaviors. However, it can also be asserted that bullying and other overlapping practices are emotional workplace violence. Bullying is thought to consist of some of the following negative behaviors:

Harassment
Incivility
Teasing
Gossiping
Purposely withholding business information
Overruling decisions without a rationale
Sabotaging team efforts
Demeaning others
Verbal intimidation (Badzmierowski & Dufresne, 2005)

In addition to the above types of bullying, there are several more that may be included.

The different types of bullying that can occur do so in an organization that tolerates incivility. Though organizations may be aware of the damages that bullying does to an organization, responses to the problem are insufficient. Many managers ignore incivility because they either do not want to get involved or they simply believe that it is too much of a waste of time getting involved. Managers sometimes like to keep their slates as clean as possible. So they would rather avoid getting themselves into any interpersonal conflict.

In addition to managers not wanting to get into interpersonal conflicts, many of them may not even hear of any problems in the workplace. This could be for various reasons. Perhaps their co-ordination is insufficient and the opportunity for employees to bring up these kinds of problems does not arise. Some employees might feel that they would be going way beyond expected territory if they were to take complaints forward (Badzmierowski & Dufresne, 2005).

Another reason why managers may not hear about bullying at the workplace is because employees are afraid to bring these issues up even if the opportunities do arise. Employees may be afraid to bring bullying matters up because there are organizations that would regard these complaints as personal disputes and they may not be seen as the concern of the management. It might be asserted here that this could occur because managers know that employees would not take these matters too far even if they were to get serious. However, targeted employees have been known to bring lawsuits against companies for bullying. In the UK, there is legal support for employees that feel bullied, as the UK suffers a loss of several working days and revenue due to workplace bullying. The matter is a serious one, and so is the legal protection of targeted employees in the UK.

Though there is legal protection available for targeted employees, there are organizations that permit or even reward blatant confrontation among employees. This is done in the name of competition within organizations. However, there are lines that need to be drawn and if rude language and negative behaviors are overlooked, an organization can suffer intensely.

“Research shows that when targets believe that someone at work has treated them disrespectfully, half will lose work time worrying about future interactions with the instigator, and half will contemplate changing jobs to avoid a recurrence. One-fourth of research respondents who feel that they have been treated uncivilly will intentionally cut back their work efforts. A few will steal from their instigators or their organizations. Some will sabotage equipment. Most will tell friends, family and colleagues about how badly they have been treated…in the worst case, some targets of incivility will exit” (Pearson and Porath 2005).

Fundamental Features and Categories of Bullying:

According to common terms, bullying is known as a type of harassment, carried out by one child over another who is seen as weaker. With this common view of bullying in mind, there are three common features in this form of behavior:

It is aggressive and negative, both
The behavior is sustained
There is in inequality in power of the bully and the target, with the bully having more power (Einarsen, 2002, 25-30)

There are also two main categories into which bullying falls. These are:

Direct and
Indirect bullying, which may also be called aggression

Direct bullying is common among males. Indirect bullying is common among females and children. Indirect bullying usually results in the target becoming socially isolated. There are several ways through which this may be achieved. Some of the ways include: gossip, ignoring the target in public, treating those who mix with the target in the same manner, and finding fault with the target’s style of dressing and various other social belonging that the target may have, such as his or her religion, race, disability, etc.

Bullying can take place in almost any type of set up. It is known to commonly take place in schools, colleges, universities, workplaces, in neighborhoods, and even between countries. No matter where bullying takes place, it must be noted that the element of power has an important role to play, and the power structure seems to be of great importance (Einarsen, 2002, 25-30). To observers of a relationship in which bullying takes place, the power a bully has is dependant on the perception a target has of the bully. The target usually is afraid to defend him or herself effectively. In many cases, a target has reason to be intimidated. S/he may fear the bully may carry out threatened actions such as physical/sexual violence, or loss of livelihood.

Features of bullies:

There are few notable characteristics of bullying, particularly in male bullies. These include the need for a bully to feel in control and be powerful, sadism, which is a situation where a bully gets satisfaction at watching another person suffer, complete lack of consideration for others, and a particular pattern according to which they work in order to blame the target (Einarsen, 2002, 25-30).

Quite commonly, an individual’s upbringing is blamed for the way that a bully behaves. It is thought that a bully may have been brought up in an abusive environment where s/he might have been exposed to physical forms of punishment at home, little or no parental concern, and an environment in which violence has been used as a way of sorting out problems.

Other research reveals that aggressiveness and forceful behaviors, perceiving other’s behaviors as aggressive, a drive to preserve one’s image, and demonstration of obsessive actions are also observed[17].

Types of Bullying:

Bullying, whether a male or a female carries it out, may be considered to be an obsessive and compulsive behavior. This behavior has repeated actions or verbal insults that are used in order to have power over a target (Einarsen, 2002, 25-30). There is also a mixture of intimidation and humiliation used against targets. Some examples of bullying techniques are given below:

Name-calling often using the target’s or victim’s names; commonly, the target is accused of being useless in all s/he does
Gossiping about the target
Stealing items that belong to the victim
Unjustly demoting a victim
Use of threats to get a victim to do what a bully wants
Cyberbullying; this includes making use of various information technologies to bully a victim
Physically assaulting a person or his or her property
Blackmail
Framing a victim before an authority figure
Use of insulting remarks against a victim’s family,
about one’s home,
personal appearance,
sexual orientation,
religion,
race,
income level,
or nationality
Ignoring or Isolating a victim
Interfering with a victims personal belongings, and damaging them or using them to mock a victim
Dominating a victim by staring
Insulting graffiti[18]

When bullying occurs in school

Work is one of the main ways individuals participate

Work is one of the main ways individuals participate in society and the workplace will be one of the principal communities to which a worker belongs. Judicial recognition of this has been slow to emerge. Traditionally the courts have focused very strongly on the employee’s financial interest in the relationship. By so doing they tended to ignore the fact that what workers gain from employment is not merely wages. For instance, ‘A person’s employment is an essential component of his or her sense of identity, self-worth and emotional well-being[1].” Therefore this assignment will consider whether or not the duty of trust and confidence should be implied into every employment contract on policy grounds. This will be achieved by a detailed discussion of the position of mutual trust and confidence, including its development into the employment relationship. It will consider in detail the judicial position of mutual trust and confidence, it will be argued that this has become synonymous with the duty of trust and confidence, and the rationale for its inclusion can be seen as that of public policy.

It is well known that an employer is subject to certain implied duties. One of the most important of these duties is the implied term of mutual trust and confidence, which as Cabrelli[2] points out “which from the perspective of the obligations imposed upon the employer, has been expressed as a duty upon the employer not, without reasonable and proper cause, to act in such a way as would be calculated or likely to destroy or seriously damage the relationship of trust and confidence existing between the employer and its employees[3]

The breadth of the definition of the implied duty of trust and confidence has spawned much litigation in recent years. This implied term has also generated a great deal of academic attention, having been described as assuming a ‘central position in the law of the contract of employment[4]‘, as being ‘undoubtedly the most powerful engine of movement in the modern law of employment contracts[5]‘ and as forming the ‘cornerstone of the legal construction of the contract of employment[6]‘.

There is a view that the implied term of trust and confidence may evolve to engulf the more ‘traditional’ implied terms and this has been well expressed in academic circles. For instance, Freedland points out that:

“Almost any particular implied term of the contract of employment could in theory be placed under … [the] umbrella [of the general obligation of mutual trust and confidence]; it remains to be seen how far this framework approach will lead to the swallowing up of existing, hitherto distinct, implied terms[7]”.

Whilst there have been a number of notable recent common law developments, the most significant may well be the emergence of mutual trust and confidence. This is in part because ‘[T]he open-textured nature of the term makes it an ideal conduit through which the courts can channel their views as to how the employment relationship should operate[8].’ For instance, Hepple suggests, with reference to the ECHR, that ‘since the court must act compatibly with convention rights, the duty of trust and confidence also embodies a duty to respect the convention rights of an employee[9]‘. Another reason is the wide-range of situations which have been held to fall within the ambit of the term[10]. Moreover, it may be that in time, ‘the obligation will come to be seen as the core common law duty which dictates how employees should be treated during the course of the employment relationship[11]‘.

Trust and confidence’ is used to refer to a type of fiduciary relationship the key element of which is the duty to act in the interest of another. In employment law, however, trust and confidence has a different meaning. It refers to an obligation implied into all employment contracts, which requires the parties not to conduct themselves in a way which is likely or calculated to destroy the relationship of trust and confidence between them. As an implied term it is subject to the usual rules of implication, including the possibility that the parties may be able to exclude its application[12]. Furthermore, the implied obligation of trust and confidence is mutual, in that both employer and employee must maintain a good working relationship. Fiduciary duties, on the other hand, are not mutual; they are always owed by one person to another.

The notion of trust and confidence developed out of the well-established requirement of co-operation. Despite its name, this duty was traditionally imposed on employees only, most notably in the form of the obligations of obedience and faithful service[13]. In the mid to late 1970s the courts began to reverse the duty of co-operation and to impose new obligations on employers. At first this occurred in cases where there was a particular relationship between the parties[14] or where the conduct of the employer was particularly serious[15].

A general principle was formulated in Wood v Freeloader[16], where the chairman of the tribunal held that ‘there is an implied duty of co-operation between employer and employee and in particular a duty implied by law that an employer will not do anything which would undermine the continuation of the confidential relationship between employer and employee’. The present formulation of the implied term was finally put forward in the case of Courtaulds Northern Textiles Ltd v Andrew[17], and was accepted by the Court of Appeal in Lewis v Motorworld Garages Ltd[18] and by the House of Lords in Malik v BCCI[19].

It has, therefore, been argued that the concept of trust and confidence was developed in employment law through the adaptation of an existing contractual concept, without reference to fiduciary duties. In recent years both courts and academics have recognised that employment is in many respects not comparable to a straightforward exchange-based contract, and that therefore a significant degree of co-operation is required of both parties. However, contract remains at the heart of the employment relationship, and in classic contract law, the parties are only obliged to co-operate to the extent that is necessary to make performance of the agreement possible[20]. In the context of employment this means that each party must have regard to the interests of the other, but, as Elias J rightly emphasised in Fishel, they need not put those interests ahead of their own.

In his paper ‘Beyond Exchange: The New Contract of Employment[21]‘ Brodie raises the question as to ‘whether the law of the employment contract as a whole will continue to evolve so that the contract could be categorised as one of good faith. To put it another way, will the contract become one of good faith rather than merely a contract which contains elements of good faith’. This recognition of the implied term’s potential for further development is to be welcomed.

Linda Clarke has also formulated an argument for a changed perception of the employment relationship, on the basis of the implied term: ‘by recognising the employment relationship as a fiduciary one, it will be easier to argue for the extension of the implied term of mutual trust and confidence to cover positive duties to give employees information’. It is certainly true that the employee in University of Nottingham v Eyett[22] would have been better off, had his employer been under a duty to volunteer information. However, this result can be achieved without turning employment into a fiduciary relationship. There is no reason why the implied obligation to maintain trust and confidence should not be used to impose positive duties on both employers and employees. If used to its full potential, it can provide an adequate degree of employee protection. Regarding employment as fiduciary in nature would, instead of advancing employee rights, carry serious negative connotations for employee autonomy, by exposing employees to a corresponding duty to provide information.

The case of Visa International Service Association v Paul[23] is a case which is worthy of consideration here. In this case it was held that an employer breached the implied duty of trust and confidence where they failed to inform an employee of the emergence of a post for which she considered herself suitable. Indeed, it provides support for the emergence of an overarching and distinct concept of trust and confidence since it suggests that an employee can be successful if they raise a claim for recovery of economic loss for a failure of the employer to inform based on a repudiatory breach of the duty of trust and confidence[24]. One view of the result in Visa International is that it conceptualises the duty of trust and confidence as an overarching premise distinct from the other ‘traditional’ implied duties.

An important issue which the courts and tribunals have had to consider is the import of an express term in a contract of employment which is, on the face of it, incompatible with an implied term. The question here is whether the latter is sufficient to disapply the former or vice versa-in other words, what happens in the case of a ‘clash of contractual terms’?

Johnstone is the most important case in this area and deals with this issue. In Johnstone, the written contract of employment stated that a junior doctor was under a duty to work 40 hours a week and that the employer had the discretion to compel the employee to work for a further 48 hours per week. What is noteworthy is that there was no express waiver of the implied duty to exercise reasonable care. Instead, the question was whether the express terms on working hours were disapplied by the implied duty to exercise reasonable care.

In Johnstone[25], the judges in the Court of Appeal were divided on how to deal with the incompatibility issue. To summarise, in his dissenting judgement, Leggatt LJ held that an implied term could not supersede an express term. Conversely, Stuart-Smith LJ held that an express term could be disapplied by an implied term where the two conflicted and the implied term ought to prevail based on ‘principle’. Browne-Wilkinson V-C held that the implied term must coexist with the express term without conflict. The ‘Browne-Wilkinson’ approach can be reformulated in two ways: First, as another way of saying that an implied term cannot supersede an express term; or, alternatively, as holding that the scope of the employer’s implied duties required to be carved with reference to the express terms of the contract.

The question is whether the analysis in Johnstone translates to the implied duty of trust and confidence. The answer would appear to be that the effect of the incompatibility problem is resolved in the same way, regardless of the type of implied duty. Second, and shifting the focus from the generic employment contract to the implied duty of trust and confidence itself, the courts have indicated obiter that they will uphold exercises in contracting out of the implied duty. In Malik, Lord Steyn stated that the implied term of mutual trust and confidence operated as a default rule, and that the parties were free to exclude it or modify it[26]. This analysis is entirely consistent with the decision of the House of Lords in Johnson v Unisys Ltd[27]. Of course, there are limits to the doctrine of contracting out. For example, the argument in Horkulak v Cantor Fitzgerald International[28] that the size of an employee’s remuneration and benefits package written into their contract of employment justified the disapplication of the duty of trust and confidence was not upheld. However, what we do have is an indication by the House of Lords that the implied duty is a default rule and as such susceptible to exclusion, modification or limitation. For this reason, the writer would submit that based on the conceptual underpinning of UCTA and the dicta of Lord Steyn in the House of Lords on a balanced view, contracting out of the implied duty of trust and confidence is possible.

There is a view that the mutual duty of trust and confidence is unavailable in a positive sense to compel the employer to take action or enjoin conduct. Instead, it is said that its main purpose is to prohibit conduct damaging to the employment relationship. The argument holds that one means of distinguishing between the two implied duties is by invoking the positive/negative dichotomy.

However, it is submitted that the assertion that the duty of trust and confidence only applies in a negative context, i.e. to hold that the conduct of the employer amounted to a repudiatory breach of contract is incorrect. There are many cases which demonstrate that omissions by an employer will also be sufficient to amount to a repudiatory breach of the duty of trust and confidence. For example, in Reed v Stedman[29], the employer’s failure to investigate an employee’s complaints (to colleagues) of sexual harassment was enough to justify a finding of breach of trust and confidence. On the basis of the above cases[30], it would appear that the positive/negative conduct dichotomy cannot be used as a means of denying evidence for the evolution of an abstractual, all-embracing concept of mutual trust and confidence which is equivalent to the sum of its parts.

An analysis of the law in this area and of academic opinion, demonstrates quite clearly the need for the duty of trust and confidence, it is difficult to see how an employment contract can succeed without such an implicit duty. This is a basic duty which in its simplest form requires the employer to respect the worker and for the worker to respect his employee, it is difficult to see how an employment relationship could be successful without this basic requirement, despite judicial opinion to the contrary. Therefore it must be concluded, that currently all successful employment relationships require this basic duty to succeed, and in response to the question posed public policy does require that such a duty be imposed into every successful employment contract. This would not only regulate the employment relationship but it would ensure that it was a happy and successful relationship, one that benefited society.

Bibliography

Cases

Croft v Consignia plc [2002] IRLR 851

Courtaulds Northern Textiles Ltd v Andrew [1979] IRLR 84

Fyfe & McGrouther v Byrne [1977] IRLR 29

Isle of Wight Tourist Board v Coombes [1976] IRLR 413

Johnson v Unisys Limited [2001] IRLR 279

Johnstone v Bloomsbury Area Health Authority [1991] IRLR 118

Lewis v Motorworld Garages Ltd [1984] IRLR 465

Malik v BCCI [1997] IRLR 462

Nottingham v Eyett [1999] IRLR 87

Re Public Service Employee Relations Act [1987] 1 SCR

Reed v Stedman [1999] IRLR 299

TSB Bank v Harris [2000] IRLR 157

Visa International Service Association v Paul [2004] IRLR 42

Wood v Freeloader [1977] IRLR 455

Waltons v Morse & Dorrington [1997] IRLR 488

Journal Articles

Brodie D, (1998) “Beyond Exchange: The New Contract of Employment” 27 Industrial Law Journal 79

Burrows,(1968) “Contractual Co-operation and the Implied Term” 31 Modern Law Review 390

Brodie D,(1996) ‘The Heart of the Matter: Mutual Trust and Confidence’ 25 Industrial Law Journal 121

Collins H,(2003)”Employment Law”, Oxford: Oxford University Press Collins H,(2003)”Employment Law”, Oxford: Oxford University Press

Books

Bowers J & Honeyball S, (2002) “Bowers and Honeyball Textbook on L

Labour Law”, Oxford University Press

Cabrelli D, (2005) “The Implied Term of Mutual Trust and Confidence: An Emerging Overarching Principle?” Industrial Law Journal 34 (284)

Deakin s & Morris G, (2003) “Labour Law”, Third Edition, Lexis Nexis

Dudington J, (2003) “Employment Law”, Pearson Higher Education

Freedland M,(2003) “The Personal Employment Contract” Oxford: Oxford University Press

Lewis D & Sargeant M, (2005) “Employment Law” , Pearson Higher Education Press

Willey B, (2003) “Employment Law in Context”, Pearson Professional Education

1

Why Did Communism in Europe Fail?

The year 1989 saw a surprising and swift transformation of Central and Eastern Europe. Where only a few years before the ouster of communism would have been unimaginable, now country after country removed its communist government and embraced some form of democracy. Never in human history has there been such a sweeping governmental change apart from the result of some military engagement (Schopflin 1990, 5). Examining the reasons behind the fall of communism presents… First, the theoretical model of communism itself is flawed. It makes incorrect assumptions about human nature and supports an unsustainable economic matrix. Economic and political pressures in Central and Eastern European economies during the 1980s exposed these inadequacies. Thereafter, an overextension of Soviet resources due to military spending combined with global pressures in regards to human rights initiatives led to one country after another freeing itself from Soviet control.

Communism is a political and social system based on a concept of equal distribution of resources. Ideally, goods and services are owned communally amongst all citizens of a communist state, and distributed equally so as to meet each person’s need (Stokes 1993, 5). The problem comes in the actual application of communism, as it works counter to human nature. First, the system assumes that each worker will work to his or her capacity for the good of all. In reality, workers soon realized they would be paid the same no matter how hard they worked, and without the incentive of personal gain, began producing at the lowest possible level. Famous Russian economist Boris Brutzkus noted that the idea of equal compensation for skilled and unskilled labour undermined productivity and created an economically unsolvable problem (Wilhelm 1993, 346). In addition, any risk related to innovation is transferred wholly to the state, so the worker “loses little in the event of failure and gains nothing in the event of success,” making it impossible to motivate him or her to full productive potential (Wilhelm 1993, 349). “If profits must be handed over to the public treasury, and losses are made up with subsidies, there is no incentive to be innovative and efficient” (Fischer 1991, 12).

The communist model similarly assumes that political leaders will act in the best interests of all the citizens of the state, rather than simply in their own. Fischer notes that power is an extremely corrupting force, and rarely if ever do those with significant power avoid its corrupting influence (Fischer 1991, 12). This was made particularly clear in countries such as Romania, where the communism state became in essence a totalitarian dictatorship under Ceausescu (Hall 2000, 1070). Central and Eastern European countries were by and large governed by a handful of leaders who had enormous control over their fellow citizens, and were often both personally and politically corrupt in their administrations (Fischer 1991, 12).

Because of these misunderstandings of human nature, communism is not designed with the checks and balances common to a democratic government (Fischer 1991, 12). For example, democracies have both secret elections and a free press. Regular elections provide a voice to the citizens of a country in determining its leadership. This forces leaders to listen and be responsive to the citizenry, less they be removed from power. A free press both informs citizens of what is happening in the country and government and exposes corruption. (Wilhelm 1993, 352). Uncensored media similarly forces leaders to act ethically and not mistreat the citizenry. Communist regimes in Europe lacked such systems of accountability, and as such, their leaders did not always act in the best interests of the average citizen.

Economically, there are also serious flaws in the communist model. Production results from the cooperation of labour, capital, and nature (Wilhelm 1993, 347). Communism based its economic model on “directed economic activity according to a unitary state plan based upon statistics, under which categories such as interest, rent and profit lost their significance” (Wilhelm 1993, 346). Markets and the forces that shape them were replaced by a planned system based on labour costs (Wilhelm 1993, 346). This led to further problems, as it oversimplified the economic factors at play in the counties’ industries, which led to incorrect production planning. According to Brutzkus, “the socialist state is not in a position, even with the help of all its scientific theory and immense statistical apparatus, to measure the needs of its citizens or to reduce needs to one level; for this reason it is unable to provide production with the guidance it needs” (Wilhelm 1993, 347).

In short, Brutzkus anticipated what the literature on communist economies calls the success indicator problem. The government was not able to successfully plan for the complexity of the market. “This process is infinitely more complicated than that which takes place under capitalism, where at worst the entrepreneur will have to increase his price to cover this or that means of production” (Wilhelm 1993, 348). The results were Central and Eastern European nations with overly-specialized industry that had no market except the Soviet bloc, fewer than needed consumer products, and an uneven proportion of manufactured products to the demand of the populace (Karatnycky 2002, 57). In contrast, while price liberalization in post-communist Poland “brought an immediate end to the pervasive shortages and queues that had plagued Poland’s centrally-planned economy” (Kramer 2004, 60).

A centrally-planned “command economy” is “an engine for the dissipation of social energy and resources,” that is only effective in mobilizing resources for a short period of time (Wilhelm 1993, 353). After this the communist economic model leads to rapid deterioration and becomes increasingly ineffective as time goes on (Wilhelm 1993, 353). The communist bloc was able to live off the resources it possessed prior to communization, such as surplus rural labour and certain capital resources, through the 1950s (Schopflin 1990, 4). This reinforced the idea to some that the communist economic plan was workable. However, as these resources dwindled and economic indicators declined, the standard of living in communist Europe became noticeably lower than her capitalist counterpart. Wilhelm contends that when statistics are adjusted for their propagandistic distortions, “East Germany was poorer than Mexico… West Germans received a rather nasty shock when they were able to enter East Germany and see the actual state of the East German economy for themselves (Wilhelm 1993, 352). This led to growing unrest amongst the citizens of Central and Eastern Europe, who saw themselves falling farther and farther behind the West.

At this time the Soviet Union, the main customer for Central and Eastern European countries’ exports, was also facing economic difficulties. Some of this was due to the slowing of its own communist economic system and the global pressures also faced by the European communist countries (Stokes 1993, 56). In addition, a heightened arms race with the United States and its long and disastrous engagement in Afghanistan caused the USSR to commit more to its military spending than it could afford (Stokes 1993, 58). This both left less to spend in its satellite countries and fewer military troops to commit to suppressing uprisings in Europe. As the postwar status-quo depended in part on the threat of Soviet military intervention, this added to the growing instability in Central and Eastern Europe (Kramer 2005, 11).

The communist European nations were historically not independently supportive of communism, but had communism imposed upon them unwillingly after World War II (Kramer 2005, 10). From the beginning, Eastern European countries were subjected to and directed in communism “firmly against the wishes of the majority” (Schopflin 1990, 4). One Baltic leader described the events of 1989 by saying “we could finally end the illegal occupation of our country and rejoin the community of free nations” (Kramer 2004, 21). Because the populations of these countries were not ideologically supportive of communism, their governmental leaders had to utilize both force and the threat of force to keep the countries functioning (Kramer 2004, 21). By the 1980s, the Soviet Union did not have the resources to do so, nor did many of the European countries in the Soviet bloc (Stokes 1993, 58). In addition, then leader of the USSR Gorbachev was less quick to turn to a military solution. “Unlike in 1956, when Khrushchev ultimately relied on military force to preserve the Communist bloc, Gorbachev… actively encouraged drastic political changes in Eastern Europe that would defuse the potential for another violent uprising like the one that engulfed Hungary in October-November 1956 (Kramer 2005, 69). The resulting combination of Gorbachev’s reforms, his reluctance towards military force, and his “reorientation of Soviet foreign policy had a profound impact on the politics of Eastern Europe” (Kramer 2005, 69).

Finally, there was a growing emphasis on human rights. This also caused the communist regimes to pause and consider use of military force against civilian uprisings. “The insistence on the introduction of human rights into the Helsinki process resulted in the slow but inexorable diffusion of the principle into Soviet-type politics and contributed qualitatively to weakening the legitimating force of Marxism-Leninism (Schopflin 1990, 16). This provided intellectuals in the Central and Eastern European opposition movements with “an intellectual basis from which to attack and thus erode the official systems” (Schopflin 1990, 16). It also gave workers reasons to organize collectively. When faced with a government that seems fundamentally unchangeable, people will only organize to resist if given some idea or goal of value which they can support (Benda et al. 1988, 228-29). All the major democratic oppositions in Central Europe had as leaders activists that had at one time or another been human rights dissidents (Isaac 1996, 303).

The system was untenable, the citizens were unhappy, and those interested in political reform had a reason to begin organizing. At this point, the next ingredient necessary for communism’s demise was technology. Where in the past a particular government could cover-up or minimize an uprising in one place, preserving the threat of force and fear in its citizens, increased use of technology exposed these attempts and the sometimes blatant lies told by government officials(Kramer 2005, 82) For example, because of technological advances in broadcasting, “West German television broadcasts reached the large majority of households in the GDR, almost all East German citizens were able to watch uncensored coverage of Gorbachev’s perestroika and glasnost (Kramer 2005, 82). As Stokes concludes, the response of Central and Eastern European countries in 1989 “was not a revolution of total innovation, but rather the shucking off of a failed experiment in favor of an already existing model, pluralist democracy” (Stokes 1993, 260). The collapse of communism in Hungary began in 1986, when the country’s intellectuals began to abandon Kadar, who refused to recognize or act upon the country’s economic crisis situation (Schopflin 1990, 7). Similar processes occurred in Poland, Bulgaria and Czechoslovakia (Schopflin 1990, 7). Because they were increasingly exposed to the existence of a better system, they were empowered to push for it in their own countries.

In the end, communism failed from a combination of factors, not the least of which was its own internal flaws. It may be that the twentieth century’s experiment in communist Europe was misguided from the start. “According to Marx’s materialistic conception of history, societies pass through four formative stages on their way to becoming communist: asiatic, ancient, feudal, and bourgeois capitalist” (Koranda 1990, 19). However, this was not true for any of the Eastern European countries with communist governments in the twentieth century. Russia forced communism on these countries, rather than it evolving in some natural pattern. “Disregarding Russia, many of the European countries that went through Communism had belonged, in the past, in whole or in part to the Austrian-Hungarian Empire” and had governments closer to a feudal system than any other. (Kovac 2002, 178). Marx might well argue, therefore, that these countries were not ready for communism when it was imposed upon them.

Koranda would contend, however, that in reality Marx got the order wrong. Communism is, in his argument, the guild stage which many Western European countries passed through on the way to capitalism. Since many Eastern European countries were closer to feudal than free-market prior to World War II, from Koranda’s theoretical standpoint, formerly Communist Europe is now progressing “naturally” from communism to capitalism (Koranda 1990, 20). This would explain communism’s initial success, and the need for it to be eventually supplanted by capitalism.

BIBLIOGRAPHY

Benda, V, et al. 1988. Parallel Polis, or an Independent Society in Central and Eastern Europe: An Inquiry. Social Research, Spring-Summer1988, 55:1-2.

Fischer, D. 1991. Why did Communism fail? Social Alternatives, Dec1991, 10:4, 12.

Hall, R.A. 2000. Theories of collective action and revolution: evidence from the Romanian transition of December 1989. Europe-Asia Studies, Sep2000, 52:6, 1069-93.

Isaac, J.C. 1996. The meanings of 1989. Social Research, Summer1996, 63, 291-344.

Karatnycky, A. 2000. Memory Lapse. American Spectator, Feb2000, 33:1, 57-58.

Koranda, Tim. 1990. The God That Failed History. Vital Speeches of the Day, 10/15/90, 57:1, 19-21.

KovaA?, L. 2002. The Failure of Communism: A Case for Evolutionary Rationalism and Evolutionary Humanism. Dialogue & Universalism, 12:8/10, 177-197.

Kramer, M. 2003. The Collapse of East European Communism and the Repercussions within the Soviet Union (Part 1). Journal of Cold War Studies, Fall2003, 5:4, 178-256.

Kramer, M. 2004. The Collapse of East European Communism and the Repercussions within the Soviet Union (Part 2). Journal of Cold War Studies, Fall2004, 6:4, 3-64.

Kramer, M. 2005. The Collapse of East European Communism and the Repercussions within the Soviet Union (Part 3). Journal of Cold War Studies, Winter2005, 7:1, 3-96.

Schopflin, G. 1990. The end of communism in Eastern Europe. International Affairs, Jan1990, 66:1, 3-16.

Stokes, G. 1993. The Walls Came Tumbling Down: The Collapse of Communism in Eastern Europe. Oxford: Oxford University Press.

Wilhelm, J.H. 1993. The Soviet economic failure: Brutzkus revisited. Europe-Asia Studies, 45:2, 343-57.

Essential Aspects of Pantomime

What were the essential aspects of pantomime and how have they come down to us in the present day?

Although it is currently most commonly seen as a peculiarly British pastime, pantomime in fact has its origins in the medieval period of European history (Lathan, 2004). Specifically in terms of tradition and heritage, pantomime as it is known today emanates from Italy and the Commedia ‘dell Arte. This Italian street festival was akin to a carnival and it managed to combine elements of parody, drama and the aesthetically grotesque in order to create a unique fusion of art and farce. The characters tended to improvise their way through a set of well?known plots, which involved a great deal of song and dance being integrated into the Commedia ‘dell Arte routine. These medieval festivals travelled through the towns and cities of Italy and then France in the Middle Ages, which helped to create an air of familiarity between the performers and the audience who would take part in the show. This is without a doubt the most significant tradition that has survived through to the modern era whereby the audiences of contemporary pantomime are expected to know the plot and the main characters and to take part in the proceedings at designated intervals within the script. As the quotation below suggests, this marriage between the performers and the audience has been an essential part of the longevity of the pantomime because of the way in which it managed to transcend historical divisions between classes.

“All were considered equal during carnival. Here, in the town square, a special form of free and familiar contact reigned among people who were usually divided by the barriers of caste, property, profession, and age.” (Bakhtin, 1993:10)

The existence of a stock set of characters and plots is likewise a historical tradition of European festivals that have managed to survive in the guise of the pantomime. There are only a handful of productions that are classed as pantomime in the modern era and these productions are almost always played exclusively during the festive Christmas period, which is another connection to its carnival past. ‘Snow White’, ‘Cinderella’, ‘Aladdin’, ‘Dick Whittington’ and ‘Babes in the Wood’ are high profile examples of the pantomime titles that are produced each and every year in the UK. This deep-seated sense of repetition is an important part of the pantomime tradition as it continues the dominant theme of the medieval period, which was to breed familiarity in order to secure the participation of the audience in the plot of the play.

“Magic, romance, suspense and comedy are the lifeblood of most theatre performance, but there is one factor of our pantomime tradition that exists in no other theatre production. The audience has learnt its lines and rehearsing its roles every Christmas since early childhood. Every English speaking person knows that ‘Oh No, its not!’ should be answered with ‘Oh Yes, it is!’ And that villains must be booed and hissed as they lay their evil plots.” (Bicat et al, 2004:9)

Furthermore, these well?know stories that constitute the foundations of the pantomime tradition all have their roots in fairy tales, which helps to further simplify the plot and aid audience participation. Traditionally, pantomimes require a battle between good and evil. The villain has historically always been the first actor to appear on stage and always to the left, which was used to donate hell in the Middle Ages. Conversely, the hero is supposed to appear on stage from the right – the manifestation of heaven in the past. Although the remainder of the pantomime production tends to descend into farce and improvisation, these central precepts remain an integral part of the festival in the modern era with plays overseeing a duel of good versus evil before inexorably concluding with the ultimate triumph of the hero over the villain.

As time passed, pantomime was inevitably influenced by the evolution of mainstream theatre and it gradually took its place as an annual spectacle to operate alongside regular theatre productions. The two (theatre and pantomime) were especially closely linked during the Restoration period (1660?1700) when the farce of pantomime was facsimiled in the most popular plays of the age. In the process, pantomime has had to move away from the notion of an almost entirely ad hoc, ad lib production into a more formal, organised play that is able to be divided into visible scenes and segments with a running time that is in line with the lifestyles of the contemporary audience. Thus, while it is correct to underscore the inherent differences between the festive, annual element of pantomime and the intrinsically more philosophical components of mainstream and high?brow drama, there is no longer a sense that two completely different sets of rules apply. This is an important point and one that is all too often overlooked in the analysis of modern day incarnations of the pantomime.

The most pronounced change prevalent in contemporary versions of traditional pantomime resides is the way in which productions are increasingly linked with young children. Whereas the adult section of the local townspeople would have constituted the overwhelming majority of the audience in previous centuries, there is today an association between the infantile and pantomime that is a central reason as to why pantomimes have been able to survive for so long in such a commercially aggressive contemporary economic climate. Without the active participation of children it is doubtful whether pantomimes would be able to entice the requisite audiences necessary to make a profit for the impresarios. Of much greater importance, without the festive childhood memories that pantomime bequeaths, much of the interest that remains in its tradition would more than likely begin to disappear. One thing is, however, for sure. Though pantomimes remain rooted in their medieval past, they will never lose their relevance to the contemporary audience as the list of modern?day celebrities who have taken part in productions in recent years underscores.

BIBLIOGRAPHY

Bakhtin, M. (Translated by Helene Iswolsky) (1993) Rabelais and His World Bloomington: Indiana University Press

Bicat, T., Staines, R. and Winslow, C. (2004) Pantomime: A Practical Guide Marlborough: The Crowood Press

Frow, G. (1985) Oh Yes it is! : A History of Pantomime London: BBC Books

Lathan, P. (2004) It’s Behind You! The Story of Panto London: New Holland

Wilson, A.E. (1974) The Story of Pantomime London: Rowman & Littlefield

What Makes People Commit Benefit Fraud?

Introduction

Benefit fraud is, according to some members of the government and some media sources, committed by dishonest people and is a blight on our nation which sucks up huge amount of money that could otherwise be used for the improvement of public services. Another perspective might argue that benefit fraud is a symptom and reflection of our unequal society. The first view tends to place the blame on the individual while the latter tends to place the blame on society. The attitude that a textual source adopts towards this questions can provide some insight into the way in which they construct the issue.

Social psychology has analysed the way in which we make decisions about why something happens in terms of attributions. Hogg & Vaughan (2002) explain that attributions in social psychology describe how people make decisions about the actions of other people – specifically what is it that motivates their actions? One of the most well-known of these models of attributions was put forward by Kelley (1967, 1973). Within this model, people’s behaviour is either attributed to external causes or to internal causes on the basis of how their behaviour varies with the following factors: its distinctiveness, its consistency and the consensus.

Attribution theory has been further extended by the work of Weiner (1986) which breaks down how attributions are made into three categories. The first is the locus of control – this refers to the boundary between internal and external causes. The second is stability – this refers to the extent to which the cause is capable of change. The third is the controllability – this refers to how much control a person is perceived to have over their future performance.

The way in which the examined texts make attributions about people’s behaviour, in this case benefit fraud, should show their attitudes towards those types of people. For this study, four extracts from The Guardian newspaper were used. The Guardian is traditionally a politically left-leaning publication. The hypothesis for this study was that The Guardian newspaper, in its implicit explanations of the reasons people commit benefit fraud, would tend to emphasise those reasons that focussed on the effects that society has on individuals rather than on individual factors such as personal deviance. In terms of attribution theory, then, the attributions made for benefit fraud would tend to be external to people, would tend to be permanent and beyond people’s control.

Method

Content analysis is a type of qualitative research method that involves counting the instances of words and then making inferences from these figures. Thematic analysis, however, is a related procedure that involves looking at a text in order to discover the themes that emerge from it, but it does not have the same emphasis on word frequencies. From this difference it can be seen that a thematic analysis aims to understand the data rather than know it.

The procedure used for this thematic analysis was to read the extracts relating to benefit fraud and to make notes in the margin as themes arose in the coding. The themes that arose from all the extracts were then examined in total and any potential connections between the themes were analysed in terms of social psychological theories.

In carrying out this analysis, one of the most important factors was maintaining a state of reflexivity. Marks & Yardley (2004) point to two important components of reflexivity in this type of study. The first is a social critique – this means examining how the themes relate to power structures in society. The second is the researcher considering their own attitudes towards the subject being investigated.

Results

From the analyses of four excerpts from The Guardian, the following three themes emerged.

Theme 1: The Catch 22 & Administrative Complexity

The first theme emphasises the idea that there are often high levels of administrative load involved in applying for benefits. Davies (2005) for example emphasised the amount of form-filling involved for people and how complicated the process is:

“Many (…) fear endless form-filling while moving off benefits, into tax credits and then, heaven forbid, reapplying for benefits if work falls through – hoping that between the Inland Revenue, job centre and the housing office, no one misplaces their form.” (Davies, 2005)

This focus on the complications of the process can also be seen in Tickle’s (2006) article which focuses on the difficulties of the system. In particular for one 19-year old trying to put himself through the education system in order to gain A-levels so that he can get a degree, the benefits system seems to be working against him. Not only that but the administrative system has him caught in a ‘Catch 22’:

“According to the benefit rules, if you turn 19 and are homeless, the education game changes. You are no longer eligible for income support, which in turn entitles you to housing benefit. This benefit requires claimants to have an income. Instead, you must claim jobseeker’s allowance (JSA), which means declaring yourself available for work, and eventually attending government-approved New Deal training. This will very likely have nothing to do with your studies, or those you might like to begin.” (Tickle, 2006)

According to this account, the man in this article has clearly been caught in the administrative complexities of the situation, something for which he cannot be personally blamed.

Theme 2: Social Hardship

A strong theme throughout these articles emphasises the difficulty of the circumstances of many of the people that may be involved in benefit fraud. The young man described by Tickle (2006) had been forced to move out from the family home because of problems there and had moved into homeless accommodation. These points are further highlighted in the letters page of The Guardian which points to some of the social circumstances of those who might be claiming benefits fraudulently. Serwotka (2005) points out that:

“We also see from estimates reported to the public accounts committee that while benefit fraud is declining, errors in payments are on the increase. As the union representing the workers who have to implement these tough conditions, PCS does not believe that getting tough is the best way of helping some of the most vulnerable in society to obtain and keep jobs.” (Serwotka, 2005)

This places benefit questions within a wider context of lowering rates of fraudulent behaviour and the implicit persecution of those who are the most vulnerable.

Theme 3: Fraud Despite Labelling

A consistent way in which the writers in The Guardian talked about benefit fraud was in reference to the negative effects of labelling. The implication of this was that while reasons for benefit fraud might include social circumstances and administrative complexity, as discussed above, fraud was carried out despite the strong negative connotations attached to it by the government and others. Davies (2005), for example, points out that many people:

“…feel targeted and blamed for anti-social behaviour, benefit fraud, scrounging on incapacity benefit. They fear being punished for their children’s school attendance, accused of bad parenting and having their children put into care.” (Davies, 2005).

A culture of fear is emphasised by Beresford (2005) in that vulnerable people are consistently bombarded by messages that fraud should be avoided. Reporting on a Department of Health study it was found that:

“One of the strongest messages from the study is the real commitment of many people who have been written off as “dependent” to make a contribution to their community. But this is hindered by official talk of “benefit cheats”; of getting “a million people off incapacity benefit”; a preoccupation with paid employment; and an often inflexible and unsupportive labour market.” (Beresford, 2005)

Implicit within this analysis is the idea that people who do commit benefit fraud must have a good reason for doing so because the social pressure created by the government not to carry out fraud is so great.

Discussion

The themes found in this textual analysis of why people commit benefit fraud points to the involvement of a number of established social psychological theories. Each of the themes examined clearly shows how social and systemic reasons were seen, by these articles in The Guardian, to be at the root of why people commit benefit fraud.

The first theme of administrative complexity tended to attribute the causes for fraudulent benefit claims to administrative dilemmas and ‘catch-22’ problems. This clearly places the reasons for behaviour outside a person’s locus of control and implicitly places the cause for the behaviour onto the system. As the system is being blamed this will tend to be a relatively stable factor that will continue into the future. Finally, administrative factors are largely beyond the control of the individual as they are decisions made by the state.

The second theme of social hardship is not quite as clear-cut as the first but there are similar tendencies in the analysed attributions. Here social hardship is seen to act as an external force but the decision of the man discussed in this case to commit benefit fraud is seen, to some extent, to be internal. The reasons given for this, however, are external in that it is the system, again, and its complexities and apparent loopholes, that has forced him to take this decision.

The final theme did not fit easily into the ideas provided by attribution theory, but, is better suited to those of conformity. Asch (1952) posited that people tend to form the norms for their own behaviour by looking at those around them and come to a conclusion about how they should act based on this. What was clear from Asch’s (1952) experiments is that people are highly affected by other people’s behaviour. The third theme, therefore, tends to emphasise the stigma attached to benefit fraud. It follows that people who do commit benefit fraud must have very good reasons for doing so as they are fighting against the normalising pressure of what is generally considered right.

Taking a step up in level of analysis, the way that The Guardian makes attributions about people committing benefit fraud can be examined in terms of in-group and out-group attributions. Researchers have found that when making in-group attributions, people tend to display a self-serving bias (Hewstone, 1989). It is assumed that The Guardian newspaper, as it has been traditionally considered a politically left-wing newspaper, is likely to view itself as at least sympathetic to those committing benefit fraud. This would be explained in the ideas of intergroup attribution theory as a self-serving in-group bias.

In general then, the hypothesis that textual extracts from The Guardian would tend to defend those committing benefit fraud was supported. This was analysed in terms of attributions with the results showing that they tended to be outside a person’s locus of control, tended to be ongoing and permanent. Through these attributions the causes, or even ‘blame’, for people’s actions tended to be situated externally. From the perspective of power structures, the idea that The Guardian should defend those who are most vulnerable in society was also consistently supported.

References

Asch, S. (1952) Social psychology. New York: Prentice Hall.

Beresford, P. (2005) No-win situation. Guardian [online] 19 October. Available from: http://society.guardian.co.uk/secondopinion/story/0,,1594942,00.html [Accessed 29 March 2006]

Davies, M. (2005) Stop blaming the poor. Guardian [online] 4 April. Available from: http://www.guardian.co.uk/letters/story/0,,1451473,00.html [Accessed 29 March 2006]

Hewstone, M. (1989) Causal Attribution: From Cognitive Processes to Cognitive Beliefs, Oxford: Blackwell.

Hogg, M. A., Vaughan, G. M. (2002) Social Psychology, Third Edition, London: Prentice Hall

Kelley, H. H. (1967) Attribution in social psychology. Nebraska Symposium on Motivation, 15, 192-238.

Kelley, H. H. (1973) The processes of causal attribution. American Psychologist, 28, 107-128.

Marks, D., Yardley, L., (2004) Research methods for clinical and health psychology. Sage, London.

Serwotka, M. (2005) Blunkett’s branding of benefit claimants (Letters to the editor). Guardian [online] 13 October. Available from: http://www.guardian.co.uk/letters/story/0,,1590682,00.html [Accessed 29 March 2006]

Tickle, L. (2006) Between a rock and a hard place. Guardian [online] 10 January. Available from: http://education.guardian.co.uk/egweekly/story/0,,1682421,00.html [Accessed 29 March 2006]

Weiner, B. (1986) An attributional theory of motivation and emotion. New York: Springer-Verlag.

Difference Between Gift Exchange and Market Transactions

What is the difference between gift exchange and market transactions, and how do they both relate to gender relations?

Introduction

Karl Polanyi (1968), in his critique of the principles that underlie the formalist approach to economic analysis, attempted to define the tools by which the economies of ‘traditional’ societies could be analysed. Central to the substantivists’ claims was the understanding that the introduction of money destroyed indigenous social relations by introducing the notion of ‘equivalencies of value’ where none had previously existed. In this approach, the substantivists were following the legacy of Marcel Mauss,[1] who, in his seminal The Gift (1954), had argued that in contemporary and archaic societies as widespread as North America, Polynesia and Ancient Rome the assumptions of economic analysis, as used in explaining market transactions, were not relevant as these societies were gift economies.

In this essay, I will first examine what Mauss meant by the term gift economies, before providing a contemporary example from the work of Usula Sharma (1984) who demonstrates how a gift exchange may be instrumental in the subordination of women. In the second section, I then look at market transactions and, by drawing on the work of Maria Mies (1998), I reveal the gendered nature of the market. In the conclusion, I problematise the division between ‘gift’ and ‘market’ economies, suggesting that both are weberian ‘ideal types’ and that neither is fully adequate to account for the complexity of both market transactions and gift exchanges, as both are deeply embedded in social relations and thus in relations of power.

Gender and Gift Exchange

Marcel Mauss argued that in contemporary western society we make a distinction between gift exchange and market transactions, and that in the west we presume the former to be free of obligations (Douglas in Mauss, 2000: vii). However, Mauss argued that the gift in fact entails an obligation to reciprocate[2] and thus creates ties between individuals and/ or groups. For Mauss, this form of economy differs from the ‘disinterested’ and ‘self-interested’ exchange of modern societies (Mauss, 2000: 75-6) and he believed that all economies were originally gift economies: ‘[t]he system that we propose to call the system of ‘total services’, from clan to clan […] constitutes the most ancient system of economy and law [&] forms the base from which the morality of the exchange-thorough-gift has flowed’ (Mauss, 2000: 70). An example of gift exchange is that of Northern India, and the Dowry system as described by Ursula Sharma (1984), complete with mutual obligations and the creation of lasting ties.

Sharma describes a marriage system whereby the family of the bride must pay a dowry to the family of the groom, creating lasting ties between the two families, premised on the ability of the brides’ family to give:

when they arrange the marriage of a son, parents do not just look forward to the dowry they will receive at the wedding. They look forward to the bride’s family’s general capacity to give (Sharma, 1984: 64).

Although, if asked, most participants would describe the dowry as ‘freely given’ in fact behind the scenes ‘explicit bargaining’ takes place (Sharma, 1984: 64). In a society sharply divided, not only by gender but also by age and caste, control over what is given and what happens to these gifts once received is subject to division along lines of gender and age. Senior women in the household are responsible for ‘seeing that obligations are met and proper relations maintained’ (Sharma, 1984: 65), but when the gifts are of cash, then it is the senior men who are most in control (Sharma, 1984: 66). The ties created by the dowry may have severe consequences for the dis-empowered bride: ‘[d]owry favours and is favoured by a cultural ethos in which brides can be viewed as objects to be passed from one social group to another’, further, ‘in India the rapid inflation of dowries […] has led to a situation in which brides are more controlled by than controllers of property’ (Sharma, 1984: 73). Finally, ‘dowry deaths’ may occur when the grooms’ family is disappointed with her dowry and hope to negotiate a better one for a second marriage (Sharma, 1984: 71). However, her powerlessness is eased by time, as she moves to being a ‘dowry-taker’ on the marriage of her sons (Sharma, 1984: 72). Thus, we can see that in the gift exchange lasting relationships are created, and that these relations are differentiated according to age and gender.

Gender and Market Transactions

In this section I examine the ‘market transaction’ through the work of Maria Mies (1998), revealing the gendered nature of the supposedly ‘disinterested’ market. In a market transaction, rather than the exchange of gifts which then creates lasting ties between people, it is presumed that in the exchange of commodities only a relationship between things is created: ‘the transactors are strangers in a state of reciprocal independence which persists after the transaction’ (Thomas, 1991: 14). Such an understanding is supported by our ‘common sense’ understandings of the different spheres of exchange: for example, Paul Bohannan (1968), in his discussion of the ‘spheres of exchange’ among the Tiv of Northern Nigeria, identifies a similar division in Tiv ideology between the ‘gift’ and ‘markets’. The former representing the formation and continuation of social relationships, while the later ‘calls up no long-term personal relationship, and which is therefore to be exploited to as great a degree as possible’ (Bohannan, 1968: 300); in this set of relationships, all items have an exchange equivalent. After all, when I exchange cash for a commodity I do not feel myself to be tied into a reciprocal relationship with the shopkeeper.

However, Mies argues that rather than the formally free, atomistic individuals, engaged in disinterested exchange (Polanyi, 1968) of theoretical liberalism, and therefore of much economic thought, instead we find that actors are no less entwined in power relations than in the gift economies outlined above. Indeed, she argues that ‘the exploitative sexual division is the social paradigm upon which the international division of labour is built up’ (Mies, 1998: 4, emphasis added). First, many have debated the way in which the public sphere is dominated by men, but Mies argues that it is in fact the unpaid work of the housewife, of caring and nurturing within the domestic sphere (Mies, 1998: ix), or ‘women’s work’, that allows men to be free to enter the public realm (Mies, 1998: 31). Next, Mies argues that the ‘housewifization’ of labour[3] not only naturalizes women’s restriction to the private realm, but also means that her paid work is considered ‘only supplementary’ to that of her husband (Mies, 1998: ix): ‘[t]he process of proletarianization of the men was, therefore, accompanied by a process of housewifization of women’ (Mies, 1998: 69). Finally, Mies argues that third world women are valued by capitalism as producers due to their ‘nimble fingers’ and as they are ‘considered to be the most docile, manipulable labour force’ (Mies, 1998: 117): in short, due to ascribed gender stereotypes. The symbolic hierarchy of gender thus has material effects as women are placed in an economically vulnerable position and are concentrated in low paid, part-time employment: women and their children are the most economically disadvantaged group across the globe. Further, women are locked into an international division of labour whereby the ‘third world women produce not what they need, but what others [first world women] can buy’ (Mies, 1998: 118, original emphasis). Thomson echoes this argument: ‘[e]veryone is now tied up in a historical network of global relations […] we are all caught up in international relations of production and appropriation which stretch across the spaces separating us’ (Thomas, 1991: 8-9) and this international relation of production is gendered.

Conclusion

Nicholas Thomas rejects Mauss’ argument that the economies of Melanesia and Polynesia can be regarded as ‘gift economies’, which are thus opposed to the market economies of Europe. He argues that this division misses the way that these ‘traditional’ economies are in fact deeply entangled with the global capitalist trade (Thomas, 1991: 4): ‘a wider range of evidence from indigenous Oceanic societies suggests that there is a broad continuum between systems in which it is possible to substitute only people for people, or food for food, and those in which a wide range of expansive conversions are permitted’ (Thomas, 1991: 4). Divisions, such as Mauss makes, between ‘gift exchange’ and ‘market transactions’ are part of the reification of difference between ‘us’ and ‘them’ (Thomas, 1991: 34), further, ‘the grand polarities almost always turn out to be implausible’ (Thomas, 1991: 27). Thomas argues that by scrutinising our concepts via the lens of gender we can reveal the theoretical flaws or weaknesses that we might otherwise miss (Thomas, 1991: 2)

For Polanyi, the economic sphere – as defined by the discipline of economics – is based on a conflation of two distinct meanings: the ‘substantive’ and ‘formal’. ‘The formal meaning of economic derives from the logical character of the means-ends relationship […] it refers to a definite situation of choice’ (Polanyi, 1968: 122), whereas in the substantive definition ‘the economy here is embodied in institutions that cause individual choices to give rise to interdependent movements that constitute the economic process’ (Polanyi, 1968: 125). In short, formal economics is based on the notion of formally free individuals, making rational economic decisions and which create no lasting ties, whereas substantive economics views all economies, whether regarded as gift economies or those based on market transaction, as embedded in social relations. Thomas concurs: ‘[e]xchange is always, in the first instance, a political process, one in which wider relationships are expressed’ (Thomas, 1991: 7) for exchange relationships are always differentiated by power (Thomas, 1991: 22), by race, class, gender and age.

Thomas would not have us abandon the distinction between gift and commodity entirely (Thomas, 1991: 29), perhaps it would be better to view them as points along a continuum, with each ‘ideal’ type at the opposing ends but the majority of actual cases lying somewhere in between; further it is necessary that we recognise the coexistence of both types (Thomas, 1991: 33). Whether or not the introduction of money destroyed indigenous social relations, by introducing the ‘equivalencies of value’, as the substantavists claimed, the ties that are created by contemporary commodity exchange may be less evident, but Maria Mies reminds us that nonetheless the global division of labour links third world producers to first world consumers in an asymmetrical power relationship that makes a lie of the supposed disinterestedness of market transactions.

Bibliography

Bohannan, Paul (1968) ‘Some Principles of Exchange and Investment among the Tiv’, Economic Anthropology: Readings in Theory and Analysis, LeClair & Schneider (Eds.), London: Holt, Rinehart & Winston, pp 122 – 143.

Levi-Strauss, Claude (1969 [1949]) ‘Nature and Culture’ & ‘The Problem of Incest’, The Elementary Structure of Kinship, London: Eyre & Spottiswoode, pp. 3-25.

Mauss, Marcel (2000 [1954]) The Gift: The Form and Reason for Exchange in Archaic Societies, New York: W. W. Norton.

Mies, Maria (1998 [1986]) Patriarchy and Accumulation on a World Scale: Women in the International Division of Labour, London: Zed Books.

Polanyi, Karl (1968 [1957]) ‘The Economy as Instituted Process’, in Economic Anthropology: Readings in Theory and Analysis, LeClair & Schneider (Eds.), London: Holt, Rinehart & Winston, Inc. pp 122 – 143.

Sharma, Ursula (1984) ‘Dowry in North India: Its Consequences for Women’, Women and Property: Women as Property, Hirschon, R. (Ed.), London: Croom Helm, pp. 62-74.

Thomas, Nicholas (1991) ‘Introduction’ and ‘Objects, Exchange, Anthropology’ in Entangled Objects: Exchange, Materialism and Colonialism in the Pacific, Cambridge: Harvard University Press, pp. 1-34.

1

Was Karl Marx a Determinist?

The aim of this essay is to address to what extent Karl Marx could be considered a determinist. In doing so it will consider: (a) what constitutes determinism; (b) Marx’s theories on history; and (c) whether these theories are compatible with the notion of determinism. Precedence is given to section (b) due to the sheer volume of existing literature in this field. Analysis is limited to Marx’s personal theories on history as opposed to Marxist theory on history, as the latter is largely tangential to the issue in question.[1]

(a) Determinism

Determinism has many facets. In the broad sense it can be summarised as the philosophical proposition that every historical event is causally determined by an unbroken or predetermined chain of prior events. In rudimentary terms, therefore, determinism is the antithesis of free will – the notion that there is no predestined fate for mankind except that which it determines for itself. Determinism should not be confused with fatalism, which dictates that all future events are already predetermined and will definitely occur. Rather determinism is associated with and depends upon the concepts of materialism and causality.

More specifically, it is economic determinism with which, rightly or wrongly, Marx has become associated. Economic determinism can be defined as a form of determinism which explains social structure and culture as a product of the social and technical organisation of economic life.[2] It essentially lends primacy to economics over politics in the development of human history. It has been interpreted as the belief that economic laws determine the course of history, in much the same way as Auguste Comte considered that laws governed society.[3] On a more elementary level, Fleischer writes that as self-preservation is the supreme instinct in man, therefore the entire pattern of human conduct must always have been governed by the fundamental laws governing survival – a dialectical process between man and nature. This reasoning gives rise to the conclusion that all elements of historical consequence result from economic determinism, or man’s instinctive effort to survive.[4] In order for us to understand Marx’s association with economic determinism, an analysis of his theories on history is essential.

(b) Marx’s theories on history

Jon Elster writes that Marx had ‘both an empirical theory of history and a speculative philosophy of history.’[5] It is the former, better known as historical materialism, which concerns us. Historical materialism as an explanatory system has been expanded and refined by many academic studies since Marx’s death in 1883, despite no formal exposition of the concept ever having been published by Marx himself.[6] It looks for the causes of developments and changes in human societies in the way in which humans collectively make the means to life, thus giving an emphasis, through economic analysis, to everything that co-exists with the economic base of society, such as social classes, political structures and ideologies. While Marx claimed only to be proposing a guideline to historical research, by the twentieth century the concept of historical materialism had become a keystone of modern Communist doctrine.

An understanding of the origins of Marx’s attachment to materialism is essential in appreciating its concept. These origins can largely be attributed to his research on the philosophy of Epicurus and his reading of Adam Smith and other political economists. Historical materialism builds upon the idea that became current in philosophy from the sixteenth to eighteenth centuries that the development of human society has moved through a series of stages, from hunting and gathering, through pastoralism and cultivation, to commercial society. Marx argued that the history of Western society had progressed though the following stages or ‘modes of production.’ Each mode of production had its own economic system which gave rise to a system of class division based around ownership of the means of production:

(i) primitive communism

(ii) slave society

(iii)feudalism

(iv)capitalism

Marxists say that society moves from one stage to the next when the dominant class is displaced by a new emerging class. The final stage in the chain, communism (as we know it today), would eventually supplant capitalism on a global scale, and would therefore represent both the intended target and end result of social history.

The fundamental theory of historical materialism stems from the fact that people must procure or produce the necessities by which they can survive and reproduce themselves. Human beings are producers, and their production consists of two distinct aspects: the material and the social. The material refers to the physical necessities of life. In producing physical necessities, human beings create the social form, within which they produce. The social form of production is a social process by which people cooperate (through a division of labour in more complex social forms) to produce the things they need. This aspect always involves the social relations of those involved. These relations crucially concern the control of the process of production and the distribution of its products. The material aspect of production implies a certain organisation of production, possession of the appropriate tools, and knowledge. This material aspect of production is known as the ‘productive forces.’ The social form in which people produce is called the ‘relations of production.’ Together, the forces and relations of production make up the ‘mode of production.’

The next stage in the argument is more controversial. Initially, the interacting factors in the productive system of a class-based economy, including the forces and relations of production, are in a state of relative equilibrium. The forces of production determine and limit or at least correspond to the relations of production. Let us consider an example to help make this relationship more transparent. The earliest humans reproduced themselves by hunting animals and producing simple crops. Such a society could not produce cars, computers or engage in the mass production we have today. They lacked the tools and knowledge to do so. Knowledge and tools are part of the productive forces, which constrain the nature of the relations of production. This material limitation on what earlier societies could produce also constrained the types of relationships that existed between people. However, at some point the expanding forces of production clash with the contracting relations of production. In mankind’s harnessing of technology, the forces develop more rapidly, and in a direction incompatible with the relations of production. As the capacity to produce expands, the ownership of the means of production contracts. Consequently, the forces of production can no longer freely develop within the confines of the class structure. This conflict between the forces and relations of production intensifies until, by means of revolution, the social relations are reorganised so as to harmonise with the productive forces. It is anticipated that mankind will ultimately establish control over the material powers of the economy.[7]

Historians such as Jon Elster and David McLellan have scoured Marx’s writings for evidence of his rationale on historical materialism. Elster points to Das Kapital, Marx’s preface in A Contribution to the Critique of Political Economy, and what he refers to as ‘rambling, disconnected passages’ in The German Ideology as key sources.[8] He explains:

Historical materialism is not simply a theory that accords a privileged place to economic factors. It is, more specifically, a form of technological determinism. The rise and fall of successive property regimes are explained by their tendency to promote or fetter technical change.[9]

On Marx’s writings on the historical modes of production, Elster argues that Marx ‘does not provide applications and clarifications of the general theory.’[10] According to Elster, there is no suggestion that each of the three precapitalist modes of production (primitive communism, slave society and feudalism) divides into a progressive stage (in which the relations of production correspond to the forces of production) and a regressive stage (in which the correspondence becomes a contradiction). On the contrary, Marx consistently claims that technology was essentially unchanging from antiquity to the early modern period (with the exception of the invention of gunpowder, the printing press and the compass), and that the destabilising element in the ancient world was not the development of the forces of production but population growth. Elster is also critical of Marx’s account of the (then) impending transition from capitalism to communism. He argues that as Marx insisted that technical change in capitalism was accelerating rather than slowing down, he could not claim that capitalism was moribund in its stagnation. Rather, Elster insists, Marx would have to argue that the proletariat would be motivated by the prospect of a communist society which would benefit from technical change at an even more accelerated pace. This in itself is an unlikely motivation as people revolt when conditions deteriorate or when their expectations of improvement are not fulfilled, rather than when there is an abstract possibility of a society in which conditions could be even better than they are already.

McLellan is less critical, appearing to methodically signpost the scholar through the confused abstracts. While he does not specifically mention determinism, he points to it by highlighting the inevitability of worldwide communist revolution above all else. He draws the reader’s attention to the following Marx quotations:

Things have come to the point where individuals must appropriate the existing totality of productive forces not merely to achieve self-activity but to secure their very existence.

In all appropriations up to now a mass of individuals remained subservient to a single instrument of production. In the appropriation by the proletarians, a mass of instruments of production must be subservient to each individual and the property of all. The only way for individuals to control modern universal interaction is to make it subject to the control of all.

Communism is not […] a state of affairs still to be established, not an ideal to which reality will have to adjust. We call communism the real movement which abolishes the present state of affairs. [11]

The salient point here is that McLellan draws on these passages to illustrate that socialism for Marx was an economic reality rather than an ethical ideal. This represents a paradigm of determinism in Marx’s writing.

The fundamental assumptions of historical materialism as viewed by Marx, irrespective of any period of history, can therefore be summarised as follows:

humans are social animals who live in a complex society;
human society consists of humans collectively working on nature to make the means to life;
human society develops a complex division of labour;
over time humans advance their harnessing of nature through the development of science and technology;
human beings have the ability to reflect on their society and interaction with nature, but their thinking and organisation are always preconditioned by and dependent on the state of development of their society and of the power structures in their society.

Let us now consider whether these assumptions are compatible with the concept of economic determinism.

(c) Marxist theory and economic determinism

As discussed in section (b), according to Marx, each social mode of production produces the material conditions of its reproduction, that is ideology (which encompasses all the political, law and cultural spheres). Thus ideology permits the mode of production to reproduce itself. Marx also believed that in the event of a revolutionary force changing the mode of production, the dominant class would immediately set out to create a new society to protect this new economic order. In the nineteenth century, Marx felt as if the bourgeoisie had essentially accomplished the establishment of a new societal and economic order, instinctively creating a society protective of their capitalist interests. This prompted Marx (and Engels) to direct this statement from the Communist Manifesto at the bourgeoisie:

Your very ideas are but the outgrowth of conditions of your bourgeois production and bourgeois property, just as your jurisprudence is but the will of your class, made into law for all, a will whose essential character and direction are determined by the economic conditions of the existence of your class.[12]

From this, it is argued that Marx and Engels did not believe men could arbitrarily choose any one of several forms of society, but only that one which promotes the prevailing mode of production. The very nature of man’s materialistic constitution requires that he do this. Marx hence criticised man’s alienation, a concept which he latter replaced by the critique of commodity fetishism. ‘Vulgar Marxism’ has considered that the relation between the economical infrastructure and the ideological superstructure was an unicausal one, and thus believed in economic determinism. This has been criticised by Marxist theorists such as Helmut Fleischer, who dismissed it as a form of economism or economic reductionism. He claimed the relationship is much more reciprocal and complex than unilateral determinism would have it.

There are also scholars who reject this view. Fleischer highlights those who objected that economic determinism is a meaningless generality, and that any serious historical explanation of economic realities must also refer to non-economic realities. This becomes a more conspicuous problem when it is unclear which branch of determinism is implied. In this respect, when Marx writes of the ‘economic base’ and the ‘ideological superstructure’ of society, he was making a generalisation about the broad sweep of history, to the effect that people ultimately will follow their material self-interests, whatever else they may imagine about their motivations. However, according to Marx, the dynamics of history were shaped precisely by the clash of those interests (class struggle), and that clash could not be understood simply in terms of economic self-interest, because it also involved human traditions and values. The end result of economic determinism in this view is both economism (a narrow focus on how people earn their livelihood) and economic reductionism (the attempt to reduce a complex social reality to one factor – i.e. the economic – such that this one factor causes all other aspects of society). This plays directly into the hands of the business class, and ultimately ended in an anti-working class position, whereby the allegiance of the working class is merely a ‘tool’ to be used by the political class to modernise an economy, with the aid of forced labour if need be.[13]

Taking the above points into account, it could be argued that Marx considered economic determinism as the creative force in human evolution. He clearly advocated a change in economic structure as the only feasible means by which to effect social change and to refine the intellectual make-up of humanity. His advocacy of the inevitability of worldwide socialist revolution and communist society could certainly be described as deterministic in outlook. At the same time it should be remembered that Marx was fully aware that the economic aspects of life did not constitute the sum total of mankind’s preoccupation and social make-up. On this basis, therefore, it would appear that Marx’s historical materialism is compatible with the specific notion of economic determinism, rather than falling under the broader category of determinism as a whole.

Bibliography

Berlin, Isaiah, ‘Historical Materialism’ in Tom Bottomore (ed.), Karl Marx (Oxford: Basil Blackwell, 1973)

Easton, Loyd D. & Guddat, Kurt H. (trans. & ed.), Writings of the young Marx on philosophy and society (Garden City, NY: Doubleday, 1967)

Elster, Jon, An Introduction to Karl Marx (Cambridge: CUP, 1986)

Fleischer, Helmut, Marxism and History (New York: Harper Torchbooks, 1973)

McLellan, David, The Thought of Karl Marx: An Introduction (London: Macmillan, 1971)

Rader, Melvin, Marx’s Interpretation of History (New York: OUP, 1979)

Web references

Economic determinism, Online Dictionary of the Social Sciences, maintained by Athabasca University, Alberta, Canada (http://bitbucket.icaap.org)

Karl Marx & Friedrich Engels, Manifesto of the Communist Party, Australian National University (www.anu.edu.au/polsci/marx/classics/manifesto.html)

1

“Under Article 223-6 of the French Penal Code(Chapter

“Under Article 223-6 of the French Penal Code(Chapter III, Section 3)..’anyone who wilfully fails to render to a person in danger any assistance which, without risk to himself or to third parties, he could render him either by his own action, or by initiating rescue operations..’ is punishable by imprisonment and fine.”

Essay Question: What is the criminal law in England and Wales on liability for omissions to act? Having regard to the above extract from the French Penal Code, critically discuss whether the current English Law on this issue should be changed.

The criminal law in England and Wales on liability for omissions to act:

Unlike the French Penal code, which provides a general duty on all persons to assist others in peril according to their abilities, breach of which is a specific offence in its own right, English criminal law does not impose a general duty to act to save other people or property from harm, even if this could be done without any risk or inconvenience. For example, a man who simply stands and observes a child drowning in a shallow pool when he is in a position to easily rescue it should he choose to do so, commits no offence under English law, because he is not under a duty to rescue it.

A duty to act may however arise under a contract, the most obvious example being where the failure to fulfil a contractual obligation is likely to endanger the lives of others. Liability is not necessarily precluded by the injured person not being a party to the contract; in the case of Pittwood[1], the defendant, who was a level-crossing keeper, in breach of his contract of employment, failed to close the gate when a train was approaching, resulting in someone dying on the crossing. Wright J confirmed that criminal liability can be incurred from a person’s failure to perform their contractual duty and held that, in this case, a duty was owed to the road users even though, prima facie, the contractual obligation was owed only to the railway company.

A person who holds a public office, such as a police officer, may also be under a duty to care for others. For example, in the case of Dytham[2], a uniformed police officer failed to act when he saw a man being kicked to death a few yards away and was convicted on charges of ‘misconduct in a public office’.

Likewise, a parent is under a duty to save his/her young child from harm; a parent who has allowed his/her baby child to starve to death may, depending upon his/her state of mind, be convicted of murder or manslaughter[3]. Other close relationships may also involve a similar duty[4], such as between a husband and wife, although this particular example might be more akin to a contractual duty arising from the contract of marriage than to the duty in the above example.

The voluntary carer of a person unable to look after him/herself is also bound by a duty of care towards that person under English criminal law. In Nicholls[5], the defendant received a young child into her care, on the death of that child’s mother. Brett J directed the jury that if a person chooses to take on the care of someone who is helpless, either from infancy, infirmity or mental illness, he is bound to execute that responsibility and, if he allows him/her to die, he may be guilty of manslaughter. In Stone[6], this principle was extended to include situations where a person does not overtly accept the responsibility of carer, but where the situation has lead to such; for example, in a situation where two people have lived together for some time, and the health of one of those people deteriorates to a state where they become dependent upon the other for care, then the court may be prepared to imply a voluntary undertaking of care from the very fact that the healthy party did in fact oblige[7]. Such a duty will of course be extinguished if the relationship between these two parties should end, or if the ill party orally releases the other from his/her responsibilities [providing of course that the party is in a state capable of making a rational decision]. An example of this latter situation might be a patient releasing her doctor from his duty of care towards her by instructing him that should she become ill, she does not wish to be treated. Such an advance refusal will only be effective if the patient is fully compos mentis, has not been unduly influenced in respect of her decision and has contemplated the actual situation which will arise, understanding all the consequences of refusing treatment in such a situation[8].

A duty of care can also arise from an accident; where the accused inadvertently and without the appropriate mens rea performs an act which places a person or property in danger, but before the resulting harm is complete, becomes aware of the train of events caused by his inadvertent act, then that party is, by virtue of the English criminal law, under a duty to take such steps as lie within his power to try to prevent or reduce the risk of harm; if he does not, then he may be criminally liable for the consequences. The case authority for this special duty situation is the case of Miller[9], in which the defendant had, quite by accident, fallen asleep in the plaintiff’s house with a lit cigarette in his fingertips. He awoke to find that he had set the mattress of the bed, in which he was sleeping, alight, but rather than raising alarm or trying to extinguish the fire, he simply went into the adjacent room and fell asleep in there. The House of Lords affirmed his conviction for arson, contrary to s1(1) and (3) of the Criminal Damage Act 1971, as he was in breach of his duty to take reasonable care to extinguish the fire which he had accidentally caused, being in a position to do so. As yet there is no clear authority on how much of a risk a person under such a duty to act might be expected to run in order to perform that duty, but the common law duty requires ‘reasonable’ steps to be taken, a criterion which will be assessed in light of all the circumstances of the particular case in question.

So far we have focussed our discussion around the duties of ordinary citizen’s in daily life as developed by the English common law. It should be noted that there are also in place many statutory schemes of regulation in regard to industry and commerce, such as the offence of failing to comply with a limitation, condition or notice contrary to the Radioactive Substances Act 1993. There are also statutory schemes for the distribution of public money, such as the failure to notify a change of circumstances under the Social Security Administration (Fraud) Act 1997, and schemes for other licensed regulated activity such as failing to report a road accident. These statutory schemes are simple rules which must be followed as a condition of engaging in these activities, and are relatively non-contentious in their lack of general application to the ‘ordinary citizen’.

Critical discussion regarding the issue of whether the current English Law, as described above, should be changed so as to be more like the law contained in Article 223-6 of the French Penal Code(Chapter III, Section 3):

As we have seen from the above description, English criminal law does not generally criminalize the failure to render assistance to another citizen who is in peril, even where such assistance would be easy and cause no harm to ourselves. In contrast, the law under Article 223-6 of the French Penal Code (Chapter III, Section3), as quoted within the question of this essay, does create a general duty to rescue, and does criminalise such omissions.

The position of the English criminal law in not generally criminalising such omissions might be defended on grounds that the vagueness of the terms involved with criminalizing such omissions [such as ‘reasonable steps’] would leave citizens with no clear warning of what they must do and when [the principle of ‘fair warning’]. It may also be defended on grounds that this resulting uncertainty would have a weakening effect on the rule of law and would also lead to too great a reliance on prosecutorial discretion in defining the effective scope of such omission criminalisation. The English position might be best defended however by adherence to the principle of autonomy; “the imposition of a duty to act restricts one’s liberty to pursue one’s own ends and desires by requiring one to do a particular thing at a particular time.”

The position of the French Penal Code in generally criminalising such omissions might be defended on grounds that more important than the principles of fair warning, rule of law and individual autonomy is the protection of human life and human safety. A. Ashworth and E. Steiner[10] argue that Article 223(2) is a deliberate attempt to set the protection of one citizen’s life or safety above the protection of the maximum liberty of other citizens. The position might also be defended by the fact that since its introduction in 1941, this French Penal Code, responsible for generally criminalising a failure to rescue, has not been considered oppressive[11] in the way that vehement advocates of the English approach might lead one to believe such a law would.

The truth is that both the English and the French approach in regards to liability for omissions to act have their respective shortcomings. The English approach does not afford enough weight to the worthy protection of the fundamental interest in human life and safety; the French approach does not afford sufficient attention to the worthy principles of autonomy, fair warning and the rule of law. Perhaps the solution therefore would be a compromise?

I believe that the lesson English criminal law should learn from the Penal Code of our Continental comrades is the importance in recognising the harms involved with not helping a person who is in peril; English law must retain its firm stance with regards autonomy, fair warning and rule of law, but simultaneously afford a greater degree of attention to the protection of the fundamental interest in human life. As M. A. Menlowe[12] writes: “…when fundamental interests are involved (life, physical integrity), we should pause before accepting that an individual’s freedom of action is more valuable than a requirement to carry out a non-burdensome rescue.”

In conclusion therefore, I would argue that perhaps a compromise should be employed by the English criminal law; a ‘duty of easy rescue’. The law should criminalise omissions to rescue those in peril where such a rescue is a simple and harmless task, but should not punish someone for not engaging in a rescue attempt when the risks associated with such a rescue are uncertain and complicated. Pessimists might argue that it would be too difficult to create a law which attempted a balance between on the one hand the respect for autonomy, adherence to the principle of fair warning and adequate protection of the rule of law, and on the other, a respect for protection of the fundamental interest in human life, but such critics should bear in mind that these three former principles are often found balanced with other interests throughout English law. As Feinberg remarks: “similar line-drawing problems exist throughout the law, and most have been found manageable.[13]

Bibliography

A. Ashworth and E. Steiner ‘Criminal Ommissions and Public Duties (1990) 10 Legal Studies 153

A. Ashworth, ‘Principles of Criminal Law’, 3d. Oxford University Press 1999 p50

M. A. Menlowe. ‘The Philosophical Foundations of a Duty to Rescue,’ in M. A. Menlowe and A. McCall Smith (eds), The Duty to Rescue (1993)

Feinberg, Harmless Wrongdoing, xii, summarising his argument in ‘Harm to Others’ 150-9 (1984)

Cases cited:

Pittwood (1902) 19 TLR 37

Dytham [1979] 3 All ER 641

Gibbins (1918) 82 JP 287

Smith [1979] Crim LR 251

Nicholls (1874) 13 Cox CC 75

Stone [1977] QB 354

Re T [1993] Fam 95

Miller [1983] 2 AC 161