Sunday, December 29, 2019

Population Growth in Eighteenth Century England - 1684 Words

The eighteenth century saw a population explosion in England and Wales with the English populace growing from 5.05 million in 1701 to 8.7 million in 1801. The population level was reasonably inert in the first half of the century with only an increase to 5.77 million in 1751, the main population growth occurred from 1751 until the mid nineteenth century, by which point it had reached a staggering 16.8 million. There is debate by historians as to whether the growth in population over this period is due to the fall in the mortality rate or the rise in fertility rates. While it is certainly true that both did take place there are factors to be considered as to why they occurred. Immigration and emigration would also normally be considered†¦show more content†¦Soap consumption did rise in the eighteenth century but most of it was sold to industry and there never be any way of knowing how often people washed either themselves or their clothing. So whilst personal hygiene may have been a factor in a healthier lifestyle and a fall in mortality rates there is no conclusive proof of this fact. At this time a greater variety of food became available and while better nutrition would improve the health and immunity of the population there is again no conclusive proof that the poorer classes were able to afford such goods, had access to them or that they thought it expedient to spend their hard earned income on them, in fact although there were greater supplies of milk this would not automatically lead to greater nutrition for mothers or the babies that they fed as pasteurisation did not take place until the 1850s. Apart from the reduction in deaths by 15% from smallpox due to inoculation there is little or no definite proof that any of the above theories are what caused the fall in mortality, although the chances are it was a little of everything else and a lot of vaccination against smallpox that caused the fall in mortality. In the eighteenth century there was also an increase in birth rate, from 34.2 births per 1000 of population in 1751 to 36.4 a century later, at its peak there were 40.9 births per 1000 of population. This, certainly, is much higher than the crude death rate in England in the sameShow MoreRelated Industrial Revolution Essay1623 Words   |  7 Pagesago, was the industrial revolution of eighteenth century Europe. The consequences of this revolution would change irrevocably human labor, consumption, family structure, social structure, and even the very soul and thoughts of the individual. This revolution involved more than technology; to be sure, there had been industrial quot;revolutionsquot; throughout European history and non-European history. In Europe, for instance, the twelfth and thirteenth centuries saw an explosion of technological knowledgeRead MoreEssay on Industrial Revolution1279 Words   |  6 PagesIndustrial Revolution Europe during the eighteenth century was at the height of the industrial revolution, none of which reached America. In New England the population was largely English, but America as a whole had more than 20 ethnic strains present, nowhere in Europe could such a heterogeneous mixture be found. America was unique in its political structure. Americans vested authority in personalities, rather than, as in England, in institutions of tradition. As a people they had been stripedRead MoreEssay on Britain in the Eighteenth Century1502 Words   |  7 PagesBritain in the Eighteenth Century In the eighteenth century, Britain was a very different country, both industrially and agriculturally. Todays major cities such as London and Birmingham were a fraction of the size that they are today. There were no major factories, with the eighteenth century equivalent running on power generated from waterwheels. There were no roads, just dirt tracks, and all farming was done manually, with help from horses pulling carts instead ofRead MoreIn the late eighteenth century, the Industrial Revolution made its debut in Great Britain and900 Words   |  4 PagesIn the late eighteenth century, the Industrial Revolution made its debut in Great Britain and subsequently spread across Europe, North America and the rest of the world. These changes stimulated a major transformation in the way of life, and created a modern society that was no longer rooted in agricultural production but in industrial manufacture. Great Britain was able to emerge as the world’s first industrial nation through a combination of numerous factors such as natural resources, inventionsRead MoreBritish Industrialization : The World s Empire926 Words   |  4 Pagesexponential growth. As a small island nation, roughly the size of Louisiana, the British Empire was quickly becoming the world’s super power as the eighteenth century approached. With industrialized centers such as Manchester and London leading the world’s technological advancement, resources imported from colonies and foreign alliances were key to Britain’s economic and technological growth as the globe’s premier superpower. Taking place primarily from 1760-1850, the industrialization in England wasRead MoreThe Colonization Of The Chesapeake And Then New England768 Words   |  4 PagesAs English settlers arrived in the Chesapeake and then New England in the seventeenth century, they disembarked their boats and marveled at the seeming abundance of the landscape. They arrived with hopes of recreating their â€Å"old world† and prospering from the merchantable commodities that were lying before them. However, English colonization did not occur in a vacuum, and the settlers soon discovered that their survival would be dependent upon a forged coexistence with the native inhabitants. SurroundedRead MoreThe Great Divergence : China, Europe And The Making Of The Modern World Economy Essay1726 Words   |  7 PagesRevolution happened in England in the eighteenth century is definitely a turning point which triggers many scholars’ interests. Gregory Clark, the author of A Farewell to Alms: A Brief Economic History of the World, claims that the average person of 1800 was no better off than their remote ancestors of the Palaeolithic according to the Malthusian Trap. Then he focuses on solving three questions: Why did the Malthusian Trap persist so long? Why the Industrial Revolution occur in England, in1800? Why didRead MoreIndustrialization Of The Industrial Revolution886 Words   |  4 Pages(Industrial Revolution Quotes†). England completely transformed during the second half of the eighteenth century. Change was everywhere. Power driven machines were popping up in everyday lives. England’s economy, cities, and social relations were affected by the industrialization period. England had approximately a fifty year head start of the rest of Europe. Population started to increase rapidly when improvements in food and medicine were made. England’s population grew from eight million to twenty-sixRead MoreSlave Colonies of the Seventeenth and Eighteenth Centuries Essay708 Words   |  3 PagesSlave Colonies of the Seventeenth and Eighteenth Centuries In Barbados and Jamaica (the sugar islands) sugar was a major crop. The owners of these sugar plantations were badly in need of laborers to work for them year round, and because the natives died off so speedily, they needed to bring in someone to do the grueling tasks for them. They tried to use indentured servants, but this was extremely difficult because sugar is a year round, demanding sort of crop and nobody sought after workRead MoreThe Reasons For Growth Of Rapid Population Between Nineteenth And Nineteenth Century Britain2751 Words   |  12 PagesReasons for Growth of Rapid Population between Seventeenth and Nineteenth Century Britain A wide variety of people living in the world have always been exposed at constant change and the evolution in population has always been a concern and issue by regimes and countries through out time, especially if it occurred within such short period of time. British economy and Europe underwent their greatest population transformation between the late 17th and the late 19th century. Especially, the growth of the

Saturday, December 21, 2019

Analysis Of John Watson s Life - 2310 Words

John Gerk Mr. Jiru College Psychology November 25, 2014 John Watson’s life began in Greenville, South Carolina on January 9th 1878 whose parents were Emma and Pickens Watson. His mother Emma was very religious, so religious in fact that she named John after a Baptist minister, but his father on the other hand was not as religious as his wife. His father drank, had multiple affairs, and finally left his wife and son in 1891. During Watson’s childhood he was a student who did poorly in school and got in fights on a regular basis. â€Å"By all accounts he seemed destined to follow his father s model of violence and recklessness. But he had ambition, certain courage, and considerable skill at self-promotion: He entered Furman University at age 16† (www.pbs.org). At the age of 21 he graduated with his master’s degree. After getting his degree at Furman University he went to the University of Chicago and majored in psychology and philosophy. â€Å"Along the way, he dropped the philosophy and received his PhD in psyc hology in 1903† (www.pbs.org). While attending the University of Chicago, Watson met a girl named Mary Ikes and eventually married her. The couple had two children, John and Mary. Watson and his wife later divorced after finding a love note from his student, Mary gave Watson t he choice to either end the relationship with his student or leave, and he chose the option of leaving. Rosalie was one of Watson’s graduate students at the Johns Hopkins University. After word got outShow MoreRelatedJohn B. Watson s Theory Of Psychology1266 Words   |  6 PagesJohn B. Watson Psychologists have been focused on observing and understanding human behavior for centuries, dating back to the Greek philosophers when psychology and philosophy were considered one.Today, Psychology is the study of human behavior, beginning before birth and lasting until death. It is clear that the observance human behavior is a vast and profound source of data for psychologists. Early philosophers relied on methods of observation and logic. A physiologist named Wilhelm Wundt inRead MoreThe John B Watson s Life860 Words   |  4 Pages` John B Watson In 1878 John B Watson was born to Emma and Pickens Watson. A poor family in Greenville, South Carolina, his mother was very religious. John s father, with whom he was closer, did not follow the same rules of living as his mother. He drank, had extra-marital affairs, and left in 1891. Eventually John married Mary Ikes whom he met at the University of Chicago. Together they had two children, Mary and John. And, like his father, had affairs with a number of women. John and Mary finallyRead MoreBehaviorism As A Psychological Theory Of Human Development942 Words   |  4 Pages Behaviorism at its finest Life circumstances or events can predict the way that most people behave or handle situation. It is also believed that ones behavior is effected based on the positive or negative reinforcements received all throughout a persons life. Behaviorism is a psychological theory of human development that posits that humans can be trained, or conditioned, to respond in specific ways to specific stimuli and that given the correct stimuli, personalities and behaviors of individualsRead MoreBehaviorism And Classical Conditioning And Operant Conditioning Essay1504 Words   |  7 PagesBehaviorism is one of many theories in the field of psychology. It can be applied in different learning scenarios for different research purposes. Biographical information will be provided about the founders of the theory who are John B. Watson and B. F. Skinner. However, the information will focus more on their early education and known achievements. Furthermore, you will find different theories regarding beha viorism such as classical conditioning and operant conditioning. In order to understandRead MoreThe Psychology Theory Of Psychology Essay1458 Words   |  6 PagesThis theory was developed by John B. Watson and B.F Skinner. The theory implies that environmental stimulus can affect someone’s behavior. This behavioral psychology focuses on how a humans or animals’ behavior can be trained. Therefore, because of this, a humans’ behavior can be easily predicted. This theory focuses on how stimulating an environment can alter someone’s behavior or thinking. This process is also known as conditioning. According to Psychology in your life, (Gazzaniga, Grison, HeathertonRead MoreContemporary Approaches Of Psychology And How They Interpret Drug Use897 Words   |  4 PagesBiological, Behavioral Psychodynamic, Humanistic, Cognitive, Evolutionary, Sociocultural. These seven contemporary approaches allow us to interpret the behavior of individuals. Each perspective makes certain assumptions about human behavior. For this analysis we will review the behavioral and sociocultural approaches in psychology and compare how they interpret drug use. THe Behavioral perspective believes that our behavior is the result of the environment we are in. Behaviorists believe that psychologistsRead MoreA Research Study Of Condition A Phobia Into A Young Infant1468 Words   |  6 PagesAbstract This paper is about an experiment to condition a phobia into a young infant, performed in 1920 by the name of Albert B by a John B. Watson, supposedly a pseudonym. More specifically this paper is about what happened to little albert and where he is now. A lot of research has gone into this subject and there are many different angles to come from on this subject. Some believe that he was never seen again after the experiments and died at a young age. The majority believes he is Douglas MerrittRead MoreSimilarities Between Sherlock Holmes And Buddhism1481 Words   |  6 Pagesmost vital. However, while Sherlock is often characterized as being an unemotional, calculating, and purely logical detective, there is literary proof that seems to suggest that he may also be a deeply spiritual man. Through Sir Conan Arthur Doyle s short stories of the man with the â€Å"long grey travelling-cloak† and the â€Å"close-fitting cloth cap,† the reader will be presented with evidence t hat shows how Holmes both does and does not demonstrate characteristics of Buddhist philosophy and may evenRead MoreJohn B. Watson Behavioral Psychology Part 21415 Words   |  6 PagesWatson’s early career, the focus of psychology was on the analysis of the conscious mind. During the late 1800’s, Sigmund Freud, a leader in psychology at the time, had proposed theories of psychology that focused on the conscious and unconscious mind. He explained behavior as a response to the desires of our unconscious and conscious minds, implying that individuals did not have much control over their behaviors or thoughts. In the early 1900’s, during Watson’s career, the country was recovering fromRead MorePsychology : Personality Psychology Rough Draft1801 Words   |  8 PagesPsychology Rough Draft Humans, in general, are united through their basic genetics and survival instincts, yet even with the fact that we re all part of the same species, each and every one of us are completely unique and separate from one another. That s because we have different personalities that are derived from what stimulates our brains and, in turn, controls our emotions and actions. These variations in personalities not only occur because of the environment, but also from our specific heritage

Wednesday, December 18, 2019

The Brazilian Public Health System - 919 Words

The quality of obstetric care can depend on different barriers to access, education, or race and class. The healthcare system in Brazil is split between private and public sectors. Brazil has the Brazilian Public Health System known as the SUS that provides services to citizens because healthcare is considered a public right. Studies have shown the high rate of cesareans occur at private hospitals where women are paying more for care. The country’s healthcare is around 30% private and 70% public, which supports the inequality amongst the population. Those who can afford private healthcare receive more of a choice. These women also tend to keep the same doctor throughout their pregnancy allowing for more benefits and informed decisions†¦show more content†¦There are very few clinics available because of the infrequent training. The public system does not realistically budget for their salaries because they would rather pay for doctors (Caesars Legions, 2015). This is l ike the movement for more midwives in the Mexican Hospital settings to increase the voice of pregnant women. The midwives are entering the system and witnessing the violence in Mexican hospitals from unreasonable protocols (Dixon, 2015, p449-451). If Brazil could reallocate its resources within the public sector, access to public health could improve and the government could distance themselves from hospitals. The lack of resources in maternity departments continues to make C-sections popular in Brazilian hospitals. The don’t have the medical equipment or enough beds to perform vaginal births (Brazil Introduces New Caesarean Birth Rules, 2015). The SUS do not allow women to schedule their delivery in advance, which makes finding a hospital to deliver a stressful situation. Expecting mothers with risky pregnancies can face challenges finding a secure bed, which unfortunately contributes to maternal mortality and morbidity. Women can die or experience negative impacts post-pregnancy (Diniz, S., Chacham, A., 2004, p102). A Brazilian obstetrician told BBC, â€Å"the best way to guarantee yourself a bed in a good hospital is to book a caesarean† (Brazil Introduces New Caesarean Birth Rules, 2015). Brazil is considered aShow MoreRelatedBrazil s The Unified Health System Essay1636 Words   |  7 Pagesbeen largely inaccessible to foreign investment. The country has dedicated public funds to run health care facilities. According to (The Lancet, 2014), Brazil s 1998 constitution officially declared all citizens were entitled to healthcare. This provision birthed the Unified Health System (SUS). A system which relies heavily on taxes and government support. Historically, Brazil s government has blocked FDI inflows in the health sector. However stagnation, combined with a strong desire to spur economicRead MoreThe United States And Brazil1289 Words   |  6 PagesIntroduction The United States and Brazil have similarities nevertheless numerous dissimilarities associated with health care. First and foremost let’s get things straight, The United States is an industrialized nation that has nearly 323 million residents. Besides, it has the most significant economy globally, due to its Gross Domestic Product (GDP) which is around $16.77 trillion (World Bank, 2014). Alternatively, Brazil is an up-and-coming country, with more than 204 million of populaces andRead MoreEssay about Cultural Analysis of Brazil1398 Words   |  6 Pagesin the south. Brazil is divided into five climatic regions: equatorial, tropical, semiarid, highland tropical, and subtropical. Topography. Brazil consists of lowland basins, mountains, plateaus, hills, and rivers. Social Institutions Family: Brazilians are true to family values and uphold their beliefs. Children are admired. Nuclear. Nuclear families are rare and the majority of families are extended. Extended. Families include close and distant relatives such as stepchildren, godparents, auntsRead MoreThe Brazilian Federal Data Processing Services1077 Words   |  5 PagesThe Brazilian Federal Data Processing Services is experience at least two types of the ethical problem. First, the NSA is acting contrary to international standards relations. It is ethically wrong for the government agency to spy on another government’s data or information. Although American security agencies have been accused of spying on the security information of other countries, their actions are illegal and will create a poor inter country relationship (Constantin, 2014). From this case,Read MoreThe Nation of Brazil Essay1700 Words   |  7 Pagesiron ore, gold, oil, coffee, peanuts and timber. Brazil is identified with diversi ty and culture. The Brazilian people are classified as mestizos, descendants of Portuguese sailors and Native American and mulattoes, which are descendants of Portuguese and African slaves. The nation is also known for its beautiful tourist cities such Rio de Janiero, Amazon River and forest, the samba, and Brazilian nuts. Brazil is mainly recognized all around the globe for its football team, which has won the mostRead MoreBrazil Healthcare Case Study1655 Words   |  7 PagesBRAZIL HEALTH CARE FINANCING 1. BRAZIL; †¢ Located in South America and part of the Pan American Health Organisations(PAHO) and BRICS- (Brazil, Russia, China and South Africa) together house half of the World’s population. †¢ It is a Federal Republic covering a total area of 8.5 million km ². †¢ Comprises of 26 states and 5,560 municipalities. †¢ Majority of the population, 85% are urban dwellers (The World Bank, 2014) †¢ There is autonomy in terms of political, fiscal and administrative power at eachRead MoreThe History Of Environmental Policy In Brazil1710 Words   |  7 Pagesguidelines were established in the 1980s when new federal legislation was passed to restrict land usage based upon possible pollution products. Again, in 1981, the environmental policy of Brazil was restructured and created the National Environmental System (SISNAMA). SISNAMA was the government’s top environmental council with representatives from all the federal ministries with the responsibility of implementing the National Environmental Policy (PNMA). (Durmmond Barros-Platiau, 2006) Brazil is internationallyRead MoreMusic Education And Its Impact On Education Essay1500 Words   |  6 Pagesmusic and dance are very influential in the culture of Brazil. Therefore, music education is also important in the lives of the Brazilian people. Children are exposed to music from an early age through family and community. Unfortunately, music education is not highly regarded in the school system. The amount of music education differs greatly by school and teachers. Most public schools do not have a special music teacher or department. In order to be well educated in music a student would need to attendRead MoreEssay on GENICON: A Surgical Strike into Emerging Markets 1621 Words   |  7 Pagesmanufacturer and distributor of surgical instrumentation which are focused specially on laparoscopic surgery. The company is in growth phase and is driven to meet the needs of contemporary healthcare system through identification of clinical needs and meeting the economic demands of h ealthcare systems worldwide. To continue with its growth initiatives, the organization needs to find international market to expand its operations. The case pertains to evaluation of four growth opportunities for theRead MoreThe Brazilian National Standards Organization975 Words   |  4 PagesCorruption in Brazil reduces the financial resources that the government makes available to food service units (FSUs) and the general public. Before going into its implication, let’s start by defining what food safety is. Then, we will look at the legislations put in place by the government to regulate food distribution in order to protect the population. The Brazilian National Standards Organization created ISO 22000:2006, where food safety is described as â€Å"the indication that the food will not cause

Friday, December 13, 2019

Marx and Law Free Essays

string(129) " epistemological break seriously or not, there are undoubtedly changes in Marx’s perspective on many issues including law\." JOURNAL OF LAW AND SOCIETY VOLUME 20, NUMBER 4, WINTER 1993 0263-323X Marx and Law ANDREW VINCENT* There is no sense in which Marx can be described as just a legal theorist. He did not write any systematic works on legal science or jurisprudence; however, his observations on law are both immensely penetrating and contain an extremely subtle interweaving of philosophical, political, economic, and legal strands. Marx was also at the centre of many crucial intellectual and political debates of his time. We will write a custom essay sample on Marx and Law or any similar topic only for you Order Now In order to try to unpack some of these debates, elucidate his views on law, and retain some overall clarity, I divide my remarks into five sections, which will inevitably overlap. The sections covered are: the problems of discussing Marxist jurisprudence; the philosophical background to the analysis of law and the state; materialism, political economy, and law; base, superstructure, and the ideology of law; and finally, law, politics, and the state. PROBLEMS OF MARXIST JURISPRUDENCE There are a number of problems for any student of jurisprudence or politics trying to grasp Marx’s approach to law. First, there is the puzzling point that neither Marx nor Engels had a positive normative theory of law, crime or deviance. In fact, much of the time Marx appears predisposed simply to ignore the question of law as peripheral, or at least to treat crime as a symptom of the conflict within a class-based society. ‘ He certainly offers no clear encompassing definition of law. Marxà ¢â‚¬â„¢s jurisprudential thought is often premised upon a critique of law per se, and what he has to say tends to be overwhelmingly negative in character. This is fine if one’s purpose is ‘critique’ and nothing else, but it is a definite handicap if one wishes to say something more positive about the nature of law, law reform rather than its overthrow, or the future of law (e. specially if one believes that law has a future role in society). A second problem relates to the sources for Marx’s observations on law. It has already been noted that Marx did not have a normative theory of law. It is also clear that what he does say about law, by way of negative critique, does not appear in any systematic format. There are works which begin to * School of European Studies, University of Wales, Cardiff CF1 3 YQ, Wales 371 C Basil Blackwell Ltd. 1993. 108 Cowley Road, Oxford OX4 JF, UK and 238 Main Street. Cambridge. MA 02142. USA HeinOnline — 20 J. L. Soc’y 371 1993 say something more systematic, like The German Ideology. However, Marx never allowed its publication in his lifetime and it is commonly dismissed (although not by all writers by any means) as either a work of immature juvenilia or a flawed piece of philosophical polemic which does not come up 3 to the systematic and scientific standards of Capital. Marx, it is also commonly asserted, had intended to write a work on law and the state 4 (possibly as an extension of Capital), but he never realized his ambition. Thus, in consequence, the writings and observations on law that we do have are incomplete and must be picked out from a diverse body of writings. Marx’s writings are in fact markedly eclectic and can be roughly divided into four often overlapping types: first, the early, more philosophicallyinclined pieces, clearly more inspired by the German philosopher G. W. F. Hegel. Under this rubric would be included the Economic and Philosophical Manuscripts (1844), The Holy Family (1844), The German Ideology (1845/6), and The Poverty of Philosophy (1847). The second type of writing is the polemical pieces written for particular political objectives. The most famous of these is the Communist Manifesto (1847/8). The overt character of these polemical writings- despite their wide dissemination, immense influence, and popularity – is their simplification of issues and doctrines. This can be a problem in assessing what Marx actually believed, rather than what he needed to put forward for polemical thrust and cogency. The third group of writings relate to Marx’s observations on particular historical events. Probably the most famous of these, and the most convoluted and ambiguous, is the 18th Brumaire of Louis Bonaparte(1852). The writings in this context employ Marx’s immensely sophisticated method of close historical analysis, although the final upshot of such pieces has given rise to many hostages to fortune especially over the theory of law and the state. The final group of writings settle upon his systematic economic theories. The most famous of these are the earlier Grundrisse (1857/8) and the later Capital (1867-85), which remained incomplete at Marx’s death. In sum, Marx’s observations on law must be, and usually are, picked out from these diverse writings. It is hardly surprising that there should be oddities, fierce contestation, and discrepancies over such fragments. A related point to the diversity of the above writings is the fact that many commentators on Marx argue that there is a marked shift or break in his perspective. The break usually occurs between the ‘younger’ and ‘older’ Marx. The character of the shift, which was called the ‘epistemological break’ by the French Marxist, Louis Althusser, is between an earlier philosophically and morally-inclined Marx, clearly inspired by Hegel, and the mature Marx, focused on political economy and intent upon constructing 5 an empirically-based social and economic science of history and society. This judgement on the distinction between the late and early Marx is often supposed to direct our attention to the late Marx and a consequent dismissal of the early philosophical Marx. In this reading, Marx’s early interest in ‘alienation’ is superseded by a social scientific theory of economic ‘exploitation’. The development of a clear vision of the early Marx was perhaps 372  © Basil Blackwell Ltd. HeinOnline — 20 J. L. Soc’y 372 1993 partially hampered by the fact that the key early writings – the Economic and PhilosophicalManuscripts – were not actually discovered and published till the 1920s. Marx certainly never contemplated their publication during his lifetime. Whether one takes the epistemological break seriously or not, there are undoubtedly changes in Marx’s perspective on many issues including law. You read "Marx and Law" in category "Essay examples" 6 These cannot be ignored by the student of Marx, although what one reads into these changes remains contestable. Another problem concerns Marx’s intellectual relation with Friedrich Engels. There has been a strong tendency in Marxist writings to associate the two men closely with one pristine doctrine. It appears that in fact Marx’s definite turn to economics (political economy) was confirmed through his initial contact with Engels’ writings. As editor of the Deutsch-Franziisische Jahrbiicherin Paris, in November 1843, Marx had received an article from Engels, entitled ‘Outline of a Critique of Political Economy’, which stimulated the economic turn in his own work. Their working relation began a year later in 1844. 1 However, despite their collaboration on works like The German Ideology and The Communist Manifesto, it is far from clear that we should associate them, especially on questions of their philosophical beliefs or their subsequent ideas on law and the state. This point has been made by a number of scholars, although it is still far from resolved. It is clear, for example, that Marx did not formulate a lucid doctrine of materialism, whereas Engels clearly lays out such a doctrine, particularly in popularizing works like Socialism: Utopian and Scientific (1880), the Anti-Diihring (1885) and the Dialectics of Nature. Marx nowhere used terms like ‘dialectical materialism’ or ‘historical materialism’. Neither did he coin terms (which are relevant to the discussion of law) like the ‘withering away of the state’. This latter idea, again, was Engels’s terminology from the Anti-Diihring. Marx did not apply the notion of dialectics to nature itself. His belief remained firmly fixed in the social sphere of human emancipation. Engels was far more ambitious, some would say foolhardy, extending dialectics to the natural world. ‘ The ultimate consequence of Engels’s doctrine was a virtual reenactment of an older form of mechanistic materialism resonant of the French Enlightenment, which Marx had attacked in his early unpublished work, the Theses on Feuerbach. Engels’s doctrines later became established in the writings of Lenin, particularly Lenin’s philosophical work Materialism and Empirio-Criticism and Plekhanov’s Materialism Militant, and subsequently it dominated much of the theoretical output of the Second International and the leading Marxist party of the time in Germany – the Sozialdemokratische ParteiDeutschlands(SPD). 9 However, Marx’s theory of knowledge, if it can be summarized, hung uneasily between a classical materialism and an idiosyncratic use of Hegelian idealism. One can overemphasize the differences between Engels and Marx; however, we ignore them at our cost. If we are trying to understand Marx, it is not wise to place too much reliance on Engels’s own personal output. One final problem concerns Marx’s use of the concept of law itself. There are two terminological points to note here. The first concerns the German 373 D Basil Blackwell Ltd. HeinOnline — 20 J. L. Soc’y 373 1993 word, Recht. It is virtually equivalent to the terms jus, droit or diritto, as distinct from lex, loi or legge. This distinction does not really work in English. Recht in German is not limited to law or jurisprudence but can encompass the issues of civil law, justice, right, and morality. In Hegel, the initial focus of Marx’s interest in law, Recht embodied the above themes, but also what he called the ‘ethical life’, the state and, ultimately, aspects of world history. In fact, the work on which Marx spent so much time in his early years, Hegel’s Grundlinien der Philosophiedes Rechts, is sometimes translated as The Philosophy of Law, The Philosophy of the State and, more usually, The Philosophy of Right. 0 It is important to bear in mind this ambiguity when considering Marx’s observations on law (as Recht); when Marx addresses law, it is not strictly parallel to English usage. The above connects up with the second point, which is often confusing to audiences from the British or Anglo-Saxon legal traditions. Hegel’s work, referred to above, was, as much as anything else, a theory or philosophy of the s tate. This is encompassed, to some extent, in the broad use of the term Recht. Thus, the treatment of the state might be said, inclusively, to be also a treatment of law. This kind of approach resonates more with the Roman law and civil law traditions of continental Europe than with the common law tradition of Britain. † However, it is worth taking note of this point since it throws a ray of light on some of Marx’s writings; namely, his critique of the state is to a large extent also a critique of law. ‘2 One small biographical detail could be added here, which might add some substance to this point. When Marx was writing in a more reflective way on the state and law, he was in Germany and France. His early legal training had been in Germany (although he gave it up for philosophy) and he was reflecting and writing within the Hegelian genre. Much later in his life, in the late 1870s, when puzzling over whether to write more on law and the state, he had been living and working for a number of years in Britain, enough time to pick up on the peculiarities and idiosyncracies of the English legal tradition and its odd relation to the state. This might explain some of his later ambiguities, as opposed to his earlier certainties, on the state. Finally, the interest in Marx on law, despite the ork of the Soviet jurist Evgeny Pashunakis in the 1920s and 1930s, and Karl Renner in Austria, was not really a subject of wide-ranging debate until the 1970s. As Maureen Cain and Alan Hunt have commented: the prevailing trend from the 1930s to the 1960s displayed an almost exclusive emphasis on the repressive or coercive character of law, conceived as the direct embodiment of the interests of th e ruling class. In this conception law itself is unproblematic: the analysis of legal development or new legislation has the task merely of exposing the class interest 3 contained in them. What was discovered in the 1970s, presumably under the impact of the surge of interest in the Italian Marxist, Antonio Gramsci, was the conception of law as ideology and, in consequence, law as a crucial part of the intellectual hegemony of capitalist societies. In this sense, the more wide-ranging and 374 (D Basil Blackwell Ltd. HeinOnline — 20 J. L. Soc’y 374 1993 popular interest in Marx on law is a relatively recent development. It is thus very tempting, in dealing with this topic, to refer to the developments in Marxism itself to the present day. The major danger with this path is that the discussion can become wholly enmeshed in the recent material and Marx becomes a distant memory. I have tried to avoid this trap here. Although contemporary developments are not ignored, the principal focus is on Marx’s writings. THE PHILOSOPHICAL BACKGROUND TO THE ANALYSIS OF LAW AND THE STATE There are three points to note concerning Marx’s philosophical background which are relevant for his later project and his overall understanding of law. First, the premises for his critique of law are derived from his initial philosophical criticism of religion and the state. Secondly, his analysis of the conception of ideology and the ‘illusory’ character of bourgeois thought (including law) lies in early essays like ‘On the Jewish Question’. Finally, his first inkling of the economic roots to social and political thought can also be found in his early essays – particularly the Economic and Philosophical Manuscripts and his article on ‘Law on Thefts of Wood’ in the Rheinische Zeitung (1842). 1 take the first two issues as most significant. The last point, to a large degree, follows from the first two. From the late 1830s, Marx had determined to get to know Hegel ‘from beginning to end’. 4 Together with Bruno and Edgar Bauer, Arnold Ruge, Max Stirner, and Ludwig Feuerbach (the so-called young Hegelians), Marx studied Hegel’s works assiduously through the late 1830s and early 1840s. Feuerbach was the most influential figure in the group. Initially he had been a disciple of Hegel’s philosophy, and in some ways he never abandoned it. 5 Feuerbach, however, did engage in a dialectical critique of Hegel – using Hegel’s own method to criticize him. Hegel’s definition of humanity through its thinking abilities, specifically through the notion of Spirit (Geist), is, for Feuerbach, one step short of reality – or, at least, it is inverted reality. Hegel explained humanity through consciousness (or mind); however, for Feuerbach, it is sensuous and materially-rooted humans who think, not some abstract consciousness or mind. The transcendental ego of Kant, the absolute ego of Fichte, or Hegel’s notion of Spirit (the great themes of German philosophy) were all seen by Feuerbach as sensuous human creations. Thus, the basis of Feuerbach’s critique of Hegel is that the latter was offering, unwittingly, an ‘esoteric theology’. Humans are not vehicles for Spirit (Geist); rather, humans create the notion of Spirit. In fact, for Feuerbach, humans create God in their own image. Thus, in Hegel, ‘What was a logic of Being becomes [in Feuerbach] a psychology of human concept formation’. 6 Philosophy, in actuality, reflects human wants and needs. This critique of Hegel’s ontology was directly related to Feuerbach’s equally important critique of religion in The Essence of Christianity. Hegel’s 375 n Basil Blackel1 I td HeinOnline — 20 J. L. Soc’y 375 1993 philosophy is, in point, interpreted as the last speculative outpost of God. Speculative philosophy and religion needed to be led from the realm of mental abstractions into the realm of sensuous humanity. For Feuerbach, in essence, all ‘theology is anthropology’. The true object of religion is not God but idealized humanity. Religion is the alienated form of the individual’s recognition of his or her own nature. God is the creation of the human imagination, unknowingly idealizing itself. Thus, Feuerbach claimed that some radical demythologizing was needed. Love of God is really love of humanity in symbolic inverted form. Theology is kind of psychic pathology. The separation between God and humanity is really a separation within humanity itself. Religion is a form of alienation from our essential natures. The demythologizing was to be accomplished by the technique Feuerbach called ‘transformative criticism’, namely, the interchanging of the subject and predicate of propositions. For example, an understanding of God is not crucial for understanding humanity; conversely, an understanding of humanity is crucial for understanding the idea of God. The real subject is humanity, the predicate is God. These arguments affected profoundly the thinking of the young Hegelians. Marx, particularly, was initially enthralled, but soon turned to his own critique of the young Hegelians, especially Feuerbach. In his Theses of Feuerbach, he argued that Feuerbach’s great achievement had been to bring holy ideas down to earth. However, he had retained an abstract materialism and theoretical humanism. What was needed was a practical humanism and a new understanding of materialism which took account of the social and economic reality. Philosophy must be moved away from mental abstractions and contemplation into the realm of social, political, and economic realities. Feuerbach was thus also subject to the demystification of transformative criticism. Practical and sensuous humanity, embroiled in economic and social realities, is the real subject, not theoretical humanity. I7 This critique of Feuerbach also forms the basis for Marx’s critique of Hegel, religion and, finally, the state and law. It also led him to his crucial life project – the study 6f political economy. Marx accepted, implicitly, one theme in both Hegel and Feuerbach. Philosophy is about emancipating human beings. History was imbued with teleological significance as to the growing possibility for and realization of freedom, although this theme become very shrouded in his later writings. Religion purported to be about emancipation; however, for Marx, again, the reality was inverted. As he stated: ‘The criticism of religion ends with the doctrine that man is the highest being for man’. 8 Religion per se could not be overcome by simply drawing people’s attention to its inverted logic (with due respect to Feuerbach). For Marx, one had to grasp, critically, the social, political, and economic roots as to why people sought consolation in religion. A criticism of religion was, in essence, social and economic criticism. This exactly paralleled his criticisms of Hegel’s notion of the state. For Hegel, humans were self-constituting and self-producing creatures. There was no sense in which we were simply the passive products of historical 376 D Basil Blackwell Ltd. HeinOnline — 20 J. L. Soc’y 376 1993 forces. For Marx, Hegel’s view was correct, but again the reality had been inverted. Hegel’s Geist (Spirit or Mind) was really labouring humanity. Hegel, for Marx, made the ‘exoteric esoteric’. 9 Hegel had grasped the centrality of labour (self-production) but only in its mental form (in consciousness). Thus, Marx refers to Hegel’s philosophy as ‘concealed criticism that is still obscure to itself. 20 For Marx, humans produce themselves by actual labour and through the ensuing social relations in the world. Thus, Marx moved from regarding Hegel’s philosophy as an esoteric psychology gradually to regard it as an esoteric economic thesis. Hegel’s philosophy of the state (and law) had a correct content but in an inverted and mystified form. Marx in fact treats Hegel’s Rechtsphilosophieas summing up German reality at that time (in its mystified form). As Marx put it: The criticism of German philosophy of the state and of law which was given its most consistent, richest and final version by Hegel, is †¦ the critical analysis of the modem state and the reality that depends upon it’. 21 Hegel had argued that humanity and civil society were the product of the state. The state is seen to stand above the conflicts of society. However, for Marx, again the reverse is true. Individuals in civil society, embroiled in economic forces and classes, and hedged about by private property rights, produce the state which, of necessity, reflects differential and unequal property relations and powers. Abstract property rights are embodied in the state. The state exists to maintain this interest. The modern state gives people legal rights and freedoms, premised on the idea of humans possessing property. However, such property is of necessity premised upon the alienation and denial of such freedom to a large proportion of the population. As Marx observed, the critic must now grasp ‘the essential connection of private property, selfishness, the separation of labour, capital and landed property, of exchange and competition, of the value and degradation of man’. 22 The logic of private property is the same as that logic of religion. As human beings alienate their essence into God, so workers alienate their essence into the production of goods. Workers, in receipt of wages, only secure a small proportion of what they produce. Thus, they alienate their essence into goods which others consume, use or embody in their private property – a property upheld by the state and legal system. Moving now to the second point of this section, Marx’s early essay ‘On the Jewish Question’ deals, on the surface, with question of the repeal of legal disabilities for Jews in Germany. The essay is interesting on a number of counts; however, one point will suffice for the present discussion. Marx indicates that the illusions that were to be found in the religious consciousness could also be found in law. The basic point was that humans turned to religion in particular historical circumstances. Young Hegelians, like Bruno Bauer, had argued that the demands for Jewish emancipation precluded genuine emancipation, since the demand was formulated in religious terms namely, Jews. The state, for Bauer, must abolish all religious categories. The secular state provided the real solution for Bauer. Marx responded to this by 377 C) Basil Blackwell Ltd. HeinOnline — 20 J. L. Soc’y 377 1993 rguing that religion per se was not the problem, but, rather, the state and legal system itself. Religion is an illusory (if crucially important) pathology, but it is a reflection of a broader ‘illusion’ pathology within the secular state. A secular state does not free human beings. Rather, the state embodies as many, if not more illusions than religion; illusions of se cular states are structurally similar, and, in fact, related to religion. As Marx put it, in somewhat tortuous prose: We do not insist that they must abolish their religious limitations in order to abolish secular limitations. We insist that they abolish their religious limitations as soon as they abolish their secular limitations. We do not change secular questions into theological ones. We change theological questions into secular ones. History has for long enough been resolved into superstition: we now resolve superstition into history †¦ We criticize the religious weakness of the political state by criticizing the secular construction of the 23 political state without regard to its religious weaknesses. In short, for Marx, the political world of the secular modern state was as much a tissue of illusions as religion. 4 Underpinning the modern state are the illusions about private property and commerce, and the legal structures which uphold them. The final theme, with regard to his early writing, concerns his essay on the ‘Theft of Wood’ in the Rheinische Zeitung in late 1842. The ‘Wood Theft’ essay, as Marx later observed, was the first time that he saw clearly the socioec onomic issues which underpinned law (viewed through the lenses of the transition from feudalism to capitalism). The common feudal and customary right of gathering wood was effectively being ‘privatized’ by commercial society. Rural poverty was itself the product of the redefinition of property as ‘private property’. In this sense, law was facilitating capitalism. Oddly, in this essay, Marx’s solution was a restoration of older customary rights (although a slightly odd use of them) against the new right of private property. As he put it: ‘We reclaim for poverty the right of custom which is not a local one 5 but which is that of poverty in all lands’. 2 It is worth noting, though, that many of Marx’s early writings do not envisage the abandonment of law or the state. He adopts, in fact, a quasi-natural law or customary law position (from a strictly secularist position), arguing, in essence, that certain newer laws are not really valid or real in the context of what real law ‘ought’ to be like – namely law ought to be, as Marx put it, ‘the positive existence of freedom’. 26 It is also clear that he was not envisaging the abolition of the state; conversely, he anticipated a more radical democratic state upholding the fundamental rights and freedoms of the masses. In many ways these uasi-natural law themes and radicalization and democratization of the state do not disappear in his later writings; rather, they are submerged below the intellectual surface. The surface, in many later writings, becomes more positivist and economic in character; however, the underlying themes of human emancipation as a genuine need of human nature, the correct ways in which humans ‘ought’ to act towards each other, and the fu ture structural character of society, still subsist, but certainly not in any easy or comfortable relation to the positivism. 378 (D Basil Blackwell Ltd. HeinOnline — 20 J. L. Soc’y 378 1993 MATERIALISM, POLITICAL ECONOMY, AND LAW Marx was a materialist of sorts, although, as pointed out earlier, he never described himself as a historical or dialectical materialist. There are various senses which can be attached to the term materialism. Marx had no interest in materialism in the colloquial sense of a ‘seeking after consumer goods’ which we might now call consumerism. Neither does he have much interest in mechanistic Enlightenment materialism, seeking to explain humanity via certain mechanical analogies – l’homme de machine. Neither strict physical 2 materialism nor behaviouralism were of any interest. 7 Marx’s concern with materialism must be set against his reaction to Hegel’s idealism, as examined in the previous section. Put at its simplest, Marx wanted to insist that human beings must subsist (and labour to subsist) before they cognitively speculate or think a great deal about their condition. Our social and economic being is thus prior to our reflective consciousness. The material conditions of our lives form the true basis for both our cognitive life and our social and political structures. We can observe here the ‘transformative criticism’ at work again in the basic rudiments of Marx’s thought. The ‘subject’ is not self-conscious thought, nor is material life the ‘predicate’: the converse is true. Subject and predicate must be transformed. It is important to bear this method in mind: namely, that Marx comes to his basic materialist conclusions from a philosophical direction. Marx does not suddenly ‘see the empirical light’ on some Damascus road or come to such conclusions from empirical observation. His route to such premises is philosophical. One problem here is that even if we focus on Marx’s particular type of materialism there are still distinct and competing versions of it. We might call these the stricter and looser versions. We will encounter parallels to this distinction in other areas of Marx’s thought and there remains considerable debate as to where Marx’s sympathies lay. The stricter materialism might be called ‘unidirectional determinism’. Material conditions causally determine thought and political and social structures. This is the dimension that Engels, Lenin, Plekhanov, and Kautsky picked up on, and it reappears in structuralist Marxism, amongst other varieties in the later twentieth century. This materialism looks, and occasionally tries to act more like a natural science. † In some more recent analyses of Marx it is connected to the idea of the ‘epistemological break’; that is, the mature Marx is the ‘scientist’ and ‘unidirectional determinist’. The alternative looser materialism can be observed in the elusive Marxist doctrine of ‘praxis’ (where ‘theory’ and ‘practice’ have a symbiotic and reciprocal relation). The basic logic of a praxis argument denies the basic premise of the unidirectionality claim; that is, it asserts that reflective thought and consciousness (as embodied in philosophical, economic or legal thought) can actually affect our material conditions. We can accommodate our theory to our practice and vice versa. Put simply, human reflective thought has definite efficacy; it is not just an epiphenomenon of the material conditions of life. This form of looser materialism can be observed in some of Marx’s 379  © Basil Blackwell Ltd. HeinOnline — 20 J. L. Soc’y 379 1993 writings and in the subsequent Marxist tradition in writers like Antonio Gramsci, Georg Lukfcs, and Karl Korsch. 29 Such a looser materialism is also more aware of the contestable nature of economic and social categories. The particular form of Marx’s materialism is premised on political economy. The basic components of the doctrine can be stated as follows: human beings must subsist in order to survive and in so doing they labour. In labouring, humans use certain material technologies (crudely) or modes of production. In working within a mode of production, whether in a medieval rural context with a plough or within a nineteenth century factory with a machine, humans come into relations of production, that is, relations with other human beings within the productive process. Relations of production crystallize into groups called classes whose relations are determined by the particular form or mode of production. As forces of production change, so do relations of production. 3†³ In capitalism, for example, there are two fundamental classes. Proletarian workers sell their labour for a wage. Workers produce more than receive. The wage only provides subsistence. The capitalist class sells the products of the workers to gain profit. Capitalism thus subsists by extracting labour value from its workforce. The interests of the capitalist class necessarily conflict with those of the proletariat. Thus, material conditions of economic life form the real basis to social existence. Political and legal structures can only be understood via these material conditions. Marx, in one of his more synoptic semi-autobiographical pieces of writing, Preface to the Critique of Political Economy, called this whole 31 process the ‘leading thread’ of his studies. It is worth remarking at this point that Marx’s views on this ‘leading thread’ have given rise to another debate which parallels the stricter and looser senses of materialism. There are interactive and passive notions of economic reductionism. On the passive view (which corresponds to stricter materialism), law and the state emerge instrumentally from economic forces. They have no independent efficacy or reality. The state and law are not understood to arise from conscious human intention; rather, they reflect the 32 class struggle that takes place in the context of the economic base of society. Many Marxists writers find themselves uniformly uneasy with this form of passive reductionism. 3 3 In this more sceptical reading, Marx’s Preface (mentioned above), as well as many works by Engels, are not regarded as adequate representations of the totality of Marx’s views. Antonio Gramsci, for example, regularly dismissed this more passive view in the curt phrase ‘economism’. For such critics, passive reductionism contains an impoverished and simplistic conception of the state and law. It does not grasp the more interactive quality of the state and legal system, and it ignores the conflicts between classes over authority within state. Neither does it explain how the economic base actually ‘determines’ law. The actual causal mechanism remains inchoate in Marx’s writings. Marx’s texts, it is argued, are rife with potential for more interactive readings. However, the Marx of the Preface could reply to this criticism by arguing that such a view is in imminent danger of ‘legal fetishism’, where law is seen as both necessary for 380 D Basil Blackwell Ltd. HeinOnline — 20 J. L. Soc’y 380 1993 the existence of society and autonomous from economic or class factors. There is nothing unique about law in the passive reductionist reading. However, most exponents of interactionism would not want to argue that law has total autonomy; rather, that the law can, in certain circumstances, act upon economic life and can either facilitate or work against a particular mode of production. The ambiguities over these various positions can be observed in Marx’s classic account of the transition from feudalism to capitalism. As commercial capitalism slowly develops at the economic base it, of necessity, erodes feudal relations. It is no use to capitalists that a workforce is tied by feudal bonds to a particular aristocratic landowner or piece of ancient property. In addition, communal land (or wood), which all can freely utilize as a common resource, is also deeply inconvenient for capitalism. Property, for capitalists (as in Marx’s observations in the wood theft article), must be privately owned and tradable. Labour must also be free of feudal ties in order to travel where the work is needed by capitalists. These processes were obviously facilitated by coercion and outright violence, as in many cases of enclosure; however, as Marx noted, law also expedited the whole process in developing sophisticated systems of property law, contract law, and tort. In creating a landless poor (‘free labour’) and a contractual private property-based law, the groundwork for capitalism was gradually laid. The problem is how to read these events. On the one hand, law could be seen (as in the interactive thesis) as semi-autonomous, providing intentionally the conditions for changes in the mode of production. In fact, it is arguable that law consciously constituted the integuments of a mode of production. This argument throws doubt on the unidirectional determinism and passivity thesis. On the other hand, law can be read as a coercive structure representing the actual dominance of the bourgeoisie of the means of production, but determined by the laws of the economic base. In this latter reading, law has no autonomy whatsoever. It simply and instrumentally reflects the economic base. Support for both lines of argument can found in Marx. BASE, SUPERSTRUCTURE, AND LEGAL IDEOLOGY The basic idea of base and superstructure follows neatly from the previous section. In fact, once again, we find similar disputes being echoed from previous sections. One theory sees a precise causal relationship. The other theory sees a looser tendency and more interactive quality in base and superstructure. This latter theory leads some critics to bewail even the use of terms like ‘base’ and ‘superstructure’. It is argued that it would be far better if we treated these terms as more or less useful metaphors, not referring to any empirical reality. 34 As in many of Marx’s writings, half the problem here might simply be because Marx never really addressed the problem head on. 5 The terms occur in certain writings, but Marx did not appear to have any inkling of how much significance was going to be placed on them by 381  © Basil Blackwell Ltd. HeinOnline — 20 J. L. Soc’y 381 1993 subsequent generations. The older instrumental causal account of base and superstructure sees a clear correspondence between laws and political institutions (superstructure) and the economic base. As Marx put it unequivocal ly in his Preface to a Critique of PoliticalEconomy: With the change of the economic foundation the entire immense superstructure is more or less rapidly transformed. In considering such transformations a distinction should always be made between the material transformation of the economic conditions of production, which can be determined with the precision of natural science, and the legal, political, religious, aesthetic or philosophic – in short, ideological forms in which men become conscious of this conflict†¦ Just as our opinion of an individual is not based on what he thinks of himself, so we can not judge such a period of transformation by its own consciousness; on the contrary, this consciousness must be explained rather from the contradictions of material life. For example, laws on land tenure in the feudal period (a superstructural phenomenon) changed markedly with the development of capitalism. The real foundation for these changes and the explanation of them would be sought in the actual change in the modes and relations of production – the material base. There are a number of minor problems with the above view. Fir st, it is not easy to see how the above thesis explains why certain types of law occur. For example, how, on the above model, would one explain factory legislation, which controlled the activities of capitalists? Alternatively, what of social welfare legislation or legislation which enacts progressive redistributive taxation? Admittedly, it could be replied here that such laws indirectly help capitalism by improving the condition of the working class and preventing revolution, while paying a minimum cost. Thus, despite appearances, such legislation aids capitalism: it is in essence still a business proposition. This counter argument might hold for some legislation, but what of other laws which prevent abuse to children, punish rape, or ensure the proper care of the mentally handicapped? What of laws which define the roles of an official in local or central government or, alternatively, traffic law? Surely it is not as easy to explain these as clearly causally related to the economic base of capitalism. Any attempt to do so would surely look very far-fetched. In other words, the instrumental thesis does not account for the totality of law. Secondly, certain legal rules appear to be part of the relations of production, for example, contract law. The relations of production are held together by such contractual rules. They form a kind of social glue for such economic practices. The question arises, therefore, can we separate out contractual law and the relations of production? If the relations of production are constituted by legal vocabulary then there can be no clear determination of the superstructure by the base. Thus, for these, and many other reasons, a number of commentators have felt distinctly uneasy with the instrumental/ causal base superstructure model. 3 7 In fact, Marx did not use the model with any great frequency and late in life Engels also wrote a number of oft-quoted 3s qualifying letters which appear to give a lot of ground to sceptics. As noted above, in the quotation from Marx’s Preface, Marx often tended 382 (C Basil Blackwell Ltd. HeinOnline — 20 J. L. Soc’y 382 1993 to view ideology from a similar causal perspective. One way of viewing an important dimension of the superstructure is as the body of ideas of a society. Marx refers, in the above quotation, to the legal, political, religious, aesthetic, and philosophical ideas of a society. The quotation clearly takes a ‘reductionist’ and ‘instrumental’ view of ideology. Ideas are explained via their connection to the material base. Legal ideology is thus, once again, part of the consciousness of bourgeois society, and, as Marx clearly observed: ‘Just as our opinion of an individual is not based on what he thinks of himself, so we can not judge of such a period of transformation by its own consciousness’. Thus, overt legal ideas and forms tells us virtually nothing substantive – they merely reflect deeper economic changes. 39 It is understandable in this reductionist reading that Engels and others should thus have referred to ideology as the ‘false-consciousness’ of a class like the bourgeoisie. Lawyers might thus be regarded as professional ideologists or ‘waged hacks’ (in fact like most intellectuals, professional groups, and academics) for the bourgeoisie. Subsequently Marx’s ideas came under certain pressures and a number of questions arose 0 In his early writings Marx appeared to be contrasting ‘ideology’ with ‘reality as practice’ – a form of philosophical materialist ontology. Liberal capitalism was in an equivalent position to religion as a distortion of the human essence. Later this contrast became ideology (as distortion) as against natural science (as truth or knowledge). The change in perspective here refers, once again, to the idea of an epistemological break in Marx’s writings. However, in both these views, it remained unclear as to what to include within the term ideology. In some writings it appeared to be widely inclusive – consciousness in general. In other writings he appeared to limit himself to economic and political ideas. The question arose at the time (which is still unresolved) as to whether natural science was part of ideology or was wholly distinct. Marx also did not explain, as mentioned earlier, the precise mechanisms of determinism. For example, it is not clear (taking A as the economic base and B as legal ideology), whether ‘determine’ means that A causes B, tends to affect B, or sets parameters to B, or alternatively, whether there is a symbiotic relation of A to B. 41 In strictly practical terms, such corrosive ambiguities do link up to quite ordinary questions on legal activity. As Hugh Collins observes: ‘The question is whether a judge follows instrumental considerations with a class character or operates a discrete 42 mode of reasoning’. Marxists have gone on struggling with the concept of ideology. Some, like Gramsci, found inspiration in ideas of ‘relative autonomy’, which allows some leeway for ‘a discrete mode of legal reasoning’. In Gramsci’s thesis (which for some is present in Marx’s writings like the 18th Brumaire), domination under capitalism is not simply achieved by coercion, but, subtly, through the hegemony of ideas. The ideology of the ruling class becomes vulgarized into the common sense of the average citizen. Power is not just crude legal force, but, conversely, domination of language, morality, and culture. Laws, for example, become internalized within the consciousness of 383  © Basil Blackwell Ltd. HeinOnline — 20 J. L. Soc’y 383 1993 each citizen. The masses are quelled and co-opted by this internalization of ideas. The hegemonic ideas become the actual experiences of the subordinate classes. Bourgeois hegemony moulds the personal convictions, norms, and aspirations of the proletariat. Gramsci thus called for a struggle at the level of ideology. Organic intellectuals situated within the proletariat should combat this by developing a counter-hegemony to traditional intellectuals upholding bourgeois hegemony – which might be considered as the basis of a credo for critical legal studies. In sum, this perspective does not consider law as just instrumental. Law does not necessarily uphold the interests of the ruling class and it is not simply determined by the economic base; in fact, it may have some counter-determining role on the base itself. These themes will be pursued more intently in the final section. LAW, POLITICS, AND STATE One view of the state and law, which predominates in Marx’s writings, is that they are a condensation of the economic interests of the dominant class. The state is thus viewed as the ‘executive committee to manage the affairs of the bourgeoisie’. The state acts as its oppressive agent in civil society, suppressing proletarian interests in favour of capital accumulation. The personnel of the state owe allegiance to one particular class – the bourgeoisie. Lawyers would be viewed as waged lackeys of the bourgeoisie. Law is part of this oppressive mechanism and embodies the ideological mystifications of bourgeois intellectualism. The bourgeois capitalist class dominates political power hrough its domination of economic power. This is the more traditional view of the state, epitomized in The Communist Manifesto. As Marx stated unequivocally in the latter work: Your very ideas are but the outgrowth of the 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 43 economical conditions of existence of your class. The above argument is a form of class reductionism. The bourgeois state and legal system are class-based phenomena. Class, for Marx, refers to large social groups linked together in certain social relations within a mode of production. Each class receives differential rewards, power, and status. Relations between classes tend to be conflictual. Within the instrumental perspective, the state and legal system are seen to condense the interests of one class. The state is not a representation of any collective good or impartiality. It is, rather, integral to certain specific economic interests in society. Class interests are seen to manage the state apparatus in the interests of that class – the bourgeoisie in capitalist society. The history of states is therefore subsumable under class interest. Marx tended, in many writings, to interpret nineteenth-century legislation, particularly in Britain, in such class terms. For example, the passing of the Reform Bill and Ten-Hours Bill, and 384 (D Basil Blackwell Ltd. HeinOnline — 20 J. L. Soc’y 384 1993 the repeal of the Corn Laws, were seen as aspects of the economic conflict between the bourgeoisie and landed aristocracy. The above view reflects dolefully on a number of issues. First, there does not appear to be any difference between a democratic rule-of-law constitutional state (Rechtsstaat) and an unconstitutional, undemocratic despotism. Both are simply exploitative class-based entities. † The former state simply shields its basic exploitative character more successfully, particularly under guises like the ‘rule of law’. Secondly, both the ‘general’ rule-of-law principle and ‘particular’ property, contract or criminal laws, are simply there to buttress the property owners of capitalism. The rule of law is a typical example of legal fetishism, namely, giving law a false autonomy from the economic and class base of society. In times of high productivity, the constitutional capitalist state will give the appearance of some concern, via state spending, but it will show its true colours during periods of economic crisis. The first cuts will always be to the welfare of working people. The rule of law is thus an elaborate confidence trick. 45 Thirdly, Marx suggests that the so-called equal rights of liberal states have grossly unequal effects. The rights 4 of human beings are in reality the rights of bourgeois men in civil society. 1 They protect individual capitalists in their exploitative practices and they protect the unequal economic results of such practices. Rights are associated with individuals who ‘own’ them in order to protect private interests. Rights thus shield the basic inequalities and exploitative practices of bourgeois culture. Bourgeois culture ignores material inequalities and slavishly adheres to formal legal, moral or political equality of rights. Marx found this whole scenario profoundly objectionable. Equally, from the same perspective, the justice that we observe in liberal societies is another aspect of the ideology of capitalism. It concentrates minimally on how goods might be distributed (if it gets as far as distributive justice) and ignores the massive inequalities implicit in the production process itself. In other words, it shuts the stable door after the capitalist horse has bolted. Justice is not a virtue for communists. Marx thus quite explicitly takes an anti-justice and anti-rights stance. With genuine communism, there would be no classes, no coercion, no conflict, and no private ownership; in consequence, there would be no need for justice or right claims. If there is abundance and communal ownership, then there is no reason for principles of allocation or any allocating or adjudication mechanisms. In sum, Marx objects, in this reading, to the whole notion of the juridical legal state as a complex sham. As law is integral to the idea of the state in Marx, so the antistatist stance of communism implies the abolition of law. The traditional account above is not without some internal ambiguity, particularly over notions like ‘the dictatorship of the proletariat’. This latter doctrine envisages the state as not so much a negative, coercive, backwardlooking institution, as rather an instrument of positive revolutionary change utilized for the benefit, ultimately, of humanity (even if it is still viewed as a transitional entity). Marx’s own qualified fervour for the state can be observed, even in Capital,where he remarked enthusiastically on the work of 385 0 Basil Blackwell Ltd. HeinOnline — 20 J. L. Soc’y 385 1993 the Factory Inquiry Commission in Britain, specifically the work of Leonard Horner, as rendering ‘undying service to the English working class. He [Leonard Horner] carried on a life-long contest, not only with the embittered manufacturers, but also with the Cabinet’. 47 Marx later commented, with evident relish, that British manufacturers compared th e factory inspectorate 4 8 with revolutionary commissioners of the French National Convention. However, this was hardly a negative coercive vision of a class-based state functioning only in the interests of the bourgeoisie. The stricter class view of the state and law also suggests that if there were no class there would, in turn, be no law and no state. Class conflict is the prerequisite of the state. This view was later crystallized in Lenin’s work, The State and Revolution. This idea, in turn, gives rise to the idea (initiated by Engels and carried on by Lenin, although many would contend it was also present in Marx) that the state and legal order will ‘wither away’. In this sense a communist society would be stateless and lawless (in a strictly descriptive sense). Thus, from the standpoint of a strict materialism, the state is not a major player. The end. result of this looks very much like communist anarchism, although Marx himself argued fiercely against such a conclusion and showed only vitriolic contempt for anarchists like Proudhon and Bakunin. However, Marx never resolved this issue of the relation between communism and mainstream anarchism. However, the class reductionist and instrumental perspective does not represent the totality of Marx’s writings. Let us take the question of class first. Class, in certain works, is seen as more complex, fragmented, and containing fractions with no overt connection to political or legal domination. The state and its legal system, in this reading, clearly does not embody the interests of a ruling class. In addition there can be, as Marx demonstrated with great verve in the 18th Brumaire, intra-class conflict between fractions. Marx mentions four fractions within the bourgeoisie who often conflict: landed property, the financial aristocracy, the industrial bourgeoisie, and commercial bourgeoisie. In addition, the lumpenproletariat are kept separate from the proletariat, and the petty bourgeoisie from the peasantry. As one commentator has remarked, ‘the recourse to â€Å"fractions† of classes . . . indicates that . . . â€Å"class† is not a sufficiently precise concept to be of value in explaining particular events’. 49 Law, in this fraction perspective, can actually become a ‘site of class struggle’. 50 Laws are therefore not always oppressive in the interest of one class. In fact, many laws can benefit the working class, for example, factory legislation. Certain laws also result from pressures from multifarious groups outside social classes. In addition, the notion of class remains deeply ambiguous since Marx nowhere explains its precise relation to property ownership. The doubts over the relation between class and state, outlined in the 18th Brumaire,led Marx to suggest that in the conditions that pertained in France in the period 184 8-50, the state did not represent any bourgeois fractions, or even the bourgeoisie in general. In fact, Marx contends that the state and law may work against the interests of the bourgeoisie. 52 This effectively under386  ©D Blackwell Basil Ltd. HeinOnline — 20 J. L. Soc’y 386 1993 ined both the idea of the direct synonymity of ‘class’ to ‘law’ and ‘state’, and also the necessity of class for analysing the state (although both these views are strongly maintained by Marx in The Communist Manifesto, amongst other writings). It is these qualifying arguments of Marx which enabled the development of what is now called ‘state autonomy theory’, which has powerfully shaped late twentieth-century Marxist studies. The theory, in varying degrees, sees the state and law as a factor of cohesion, a site of struggle between fractions of classes, and an institution which may even regulate class conflict. The basic point is that legal reasoning takes on a relative autonomy from the economic base of society. It is not totally to be explained via modes or relations of production. This relative autonomy thesis might make us consider anew the curt dismissals of notions like the rule of law. Certainly a number of recent commentators have picked up on this theme in Marx, suggesting that the theory of unidirectional determinism of base and superstructure does not really work for explaining the nature of law itself. Laws are actually integral to certain types of relations of production. E. P. Thompson, following this line of thought, has spoken of law in eighteenth-century England as ‘deeply imbricated within the very basis of productive relations, which would have been inoperable without law’. He continues that we cannot ‘simply separate off all law as ideology, and assimilate this also to the state apparatus of a ruling class’. 53 Taking on board the Gramscian thesis of ideological hegemony being a sphere of struggle, Thompson contends that disputes are fought out in the sphere of law. Law certainly still expressed class power; however, part of the success of legal ideology itself was its appearance of impartiality. As Thompson notes, law ‘cannot seem to be so without its own logic and criteria of equity; indeed, on occasion, by actually being just†¦ even rulers find a need to legitimize their power, to moralize their functions, to feel themselves to be useful and just’. 54 The rhetoric was not therefore empty, even if it was still rhetoric. Semi-autonomous legal logic was thus often used against dominant groups – which was precisely a central aspect of Marx’s argument in the 18th Brumaire. Thus, for Thompson, law does not equal raw class power. It was certainly involved in class power and it redefined property rights in undermining feudalism, but its focus was not exclusively on class interest. Its own logic and rhetoric gave it a partial autonomy which inhibited, in some cases, the dominant groups. It was also a site of struggle between fractions of these dominant groups. As Thompson concludes, such a notion of the rule of law is markedly different from arbitrary despotism. It is, in fact, he notes, a ‘cultural achievement’. 5 The effort to redeem Marx from his anti-statist and anti-law stance, via some notion of relative autonomy, has also had other defenders. Some critics have found in Marx’s early writings a number of themes which add support this vision. For example, in one of his early writings, Marx speaks -oflaw as ‘the positive, bright and general norms in which freedom has attained to an existence that is impersonal, theoretical and independent of the arbitrariness of individuals. A people’s statute book is its Bible of freedom’. 56 He also 387 Basil Blackwell Ltd. HeinOnline — 20 J. L. Soc’y 387 1993 makes favourable noises, at points, about customary law established over 7 time, as against the new laws of the bourgeoisie. 5 Others have noted, with surprise, that Marx draws distinctions between ‘real’ and ‘unreal’ law. For example, on the same page of the article referred to above, Marx speaks of law becoming active: as soon as it is transgressed for it is only true law when in it the unconscious natural law of freedom becomes the conscious law of the state. Where law is true law, i. . where it is the existence of freedom, it is the true existence of the freedom of man. Thus laws cannot prevent man’s actions, for they are the inner laws of life. Paul Phillips remarks on this point that: ‘The significance of this distinction is that it posits t he existence of an order superior to that of mere man-made law 58 and, to that extent, it is a Natural Law Theory’. Marx, even in his later writings, appeared to believe that there is a condition of freedom and wholeness for human beings, where their real natures will flourish. There is, as one critic has put it, a ‘myth of transparency’ in Marx (as in Hegel) – this is ‘the vision of a society in which something â€Å"standing behind† the set of available social roles and relations†¦ will be revealed in a social order which will have become â€Å"obvious† to the participants’. 59 This notion of positive freedom, wholeness, and perfectibility behind the veil, is both implicit in the discussion of alienation (in the earlier writings), and restlessly present just under the surface of the later discussions of exploitation and communism.  ° This vision of freedom is subtly linked to Marx’s strong (if unstated) communitarianism, namely, his deeply-rooted belief that humans are social creatures and can only develop freely within a particular type of community. This is the community which is distorted and lost in capitalism and will be recovered in communism. Humans are meant to develop historically towar d such a society. Marx did not like to be associated with such a view, since it smacked of romantic utopianism. However, it is undeniably there throughout the corpus of his writings. Alienation is a prime example of such erfectibility lost and regained. The notion developed initially in a theological context. Humans were alienated from God through their sin. In Hegel, the alienation is philosophical: spirit (or mind) externalizes itself in the world. It becomes alien to itself. The task of thought is to overcome the self-alienation of spirit, to perceive itself at home in the world. Overcoming alienation is realizing that the world is not alien to our thought. For Feuerbach, however, the real alienation is that human beings have placed their essence into either God or the Hegelian Spirit. To overcome alienation is to transform the subject and object – to realize that God is idealized humanity. For Marx, on the other hand, alienation takes on a number of subtle forms. 61 The basic idea is that human alienation is more immediate and practical, and subsumes all the other notions. In discussing the topic, Marx speaks initially of alienation through labour. Labour creates capital and capital escapes the control of labour and takes on a supposedly independent existence, which in turn dominates the original producer. Workers thus find they are alienated from the product of 388 (D Basil Blackwell Ltd. HeinOnline — 20 J. L. Soc’y 388 1993 their labour. Labour, in this capitalist context, is no longer free and creative. It is necessary for subsistence and thus exercises alien compulsion over the worker. In consequence, workers are alienated from free creativity (which is the true nature of human beings) and they are thus also alienated from their fellow human beings. Overcoming human alienation implies ultimately overthrowing the economic and social forms which generate the loss of reality and the self. The solution to the riddle of history and human alienation is communism. 2 There is strong sense here of a definite underlying human nature, with certain specifiable needs, which can flourish under a specific type of community, which recognizes certain ‘natural laws’, not necessarily as overt imperatives from some external authority, but more as natural non-coercive norms derived from reason. Despite Marx’s appearance as an anti-law theorist, some w riters have claimed that it is possible to identify a communist theory of law and justice, and also, possibly, of state (given Marx’s early interest in a radical democratic participatory state). 3 In certain writings, particularly The Critique of the Gotha Programme, Marx does indicate that there would be a principle of justice under communism – ‘from each according to his abilities, to each according to his needs’. 64 Such a notion of justice would presumably prevent unequal access to the means of production and also prohibit alienation and exploitation. It would also respond distributivelyto human needs – although Marx leaves the concept of ‘need’ fairly open. Needs for social relations, satisfying labour, and the like, move well beyond physical subsistence. It is difficult not to consider some of Marx’s needs as ‘wants’ or ‘interests’, which are surely markedly different notions. Tom Campbell, amongst a number of recent theorists, believes that we can reconcile Marx’s historicism, and aspects of a looser materialism, with a belief in communist justice and the moral superiority of such a society. He di How to cite Marx and Law, Essay examples

Monday, December 9, 2019

Environment Conscious Building

Question: Discuss about theEnvironment Conscious Building. Answer: Introduction According to Adams et al. (2014), systems design refers to process that leads to the identification of system elements, like that of components, interfaces, elements, etc, such that specific requirements of business organization (or a project) are met through a coherent engineering process. The Green Square North Tower, located in Fortitude Valley, Brisbane, is one of the most well known commercial complexes of Queensland that has been designed in environment - conscious manner (Gbca.org.au 2016). This particular report is aimed at shedding some light on this particular project, in the context of systems design. The following sections of the report provide an insight into the constructional designs that have been utilized in developing this building, which has already been awarded with the prestigious certifications like 6 Star Green Star - Office As Built v2 and 6 Star Green Star - Office Design v2. The utilities of these designs would be discussed, besides recommending strategies that can be utilized to enhance the manner in which the building uses natural resources. A discussion on the relevant theories, as available from the scholarly papers that have been reviewed, would also be made so as to support the discussions made in the sections mentioned above. The Conceptual System Design Defining the Need of the Concept: Researcher Kibert (2016) is of the opinion that buildings that are constructed with the help of green technologies ( that are more conscious towards the sustainable use of natural resources), are considered as environmentally-conscious buildings. The author has also pointed out the fact that the use of green technologies not only ensure that the buildings have long lives but also aimed at reducing the adverse effects that these buildings have on the environment. The Green Square North Tower, as indicated by the information available at the official w website of the Green Building Council of Australia (www.gbca.org.au), was designed with the aim of developing an industrial complex having the minimum rate of green house gas emission, along with the optimum usage of natural resources and significant reduction in power consumption. The Preliminary System Design The Green Square North Tower, as developed by Leighton Properties ( the construction work was conducted by the Leighton Contractors), was designed primarily with the aim of reducing the power consumption and making an optimal usage of the ground water consumed by the building (Gbca.org.au 2016). These system requirements were taken into consideration while developing the project management plan, based on which the technical requirements and the engineering systems requirements of the project were being designed (Buyle, Braet and Audenaert 2013). The systems engineering management plan, as developed by Floth and Lincohe Scott, lead to the identification of the system specification of the entire project. The Preliminary Design of the Building Included the Following Features: Cogeneration plants located on the roof of the towers: The preliminary designs ensured that the cogeneration plants would ensure the optimal usage of the electric power consumed by the building (Yudelson 2013). Water storage facility: The water storage facility was designed with the aim of retaining storm water, along the water being flushed down the toilets, such that the same can be utilized for irrigation and other onsite usage (Zuo and Zhao 2014). The following figure depicts the steps used for identifying the systems requirements and developing the preliminary architectural designs: Figure: Early system design phase of the project Detail Design and Development Phase The final architectural design, based on which the building was constructed, included the following elements: An efficient power management system: The cogeneration plant located on the terrace of the building utilizes a gas engine generator which facilitates capturing waste heat energy from various electrical (and electronic systems). The heat energy thus captured is utilized for running the absorption chillerwhich is used for cooling the building. This particular power management system thus allows the building to have two bites of the one cherry: the rate of green house gas emission of the building has been found to be at least 85 percent less than that of constructions of similar size (Namkung and Jang 2013). On the other hand, the Carbon monoxide emission of the building has also been found to significantly less compared to the total floor area of the building. Researchers Sharma and Gupta (2016) are of the opinion that the cogeneration plant has been of much help in reducing the total energy consumption of the building. The authors are of the opinion that the said system reduces the pressure on the power station to quite an extent, minimizing the power loss that occurs during the transmission process (Buyle, Braet and Audenaert 2013). Besides this, the installation of intelligent power meters on all the major electrical systems of the building facilitates the process of monitoring and recording the performance of the said systems, thus encouraging their optimized usage (Kobayashi et al. 2014). Water saving equipments: On the other hand, efficient water fittings and fixture have been installed in the building, which along with the water harvesting system facilitates the process of saving approximately 1.5 million litres of water year . Researches Yumino et al. (2015) are of the opinion that the collection of storm water so as to utilize in flushing toilets and watering plants in the garden area are some of the most intelligent ways of saving ground water: Green Square North Tower utilizes both these methods for saving water. In fact, the information available from the official website of the Green Building Council of Australia states that the architectural design of the building allows collection of rainwater from the entire roof region, by the utilization of a symphonic storm water system (Gbca.org.au,. 2016). The water thus collected is stored in a storm water tank located in the basement region of the building, which has a total capacity of 85,000 litres. The storm water collected in this tank is reused for several purposes, like that of irrigating the gardens, and flushing toilets. Quality of Literature and Supporting Material Besides this, the following green technological systems have been installed in the Green Square North Tower: Energy Saving equipments: Single tubes of T5 luminaries have been utilized for lightning the building, along with louvers of low brightness: the power consumption of the building has thus lowered to less than 5 W/m2 (Domenica et al. 2013). Energy Management systems: In order to monitor and control the water and power being consumed by the building, intelligent meters have been installed all over the building. These meters ensure the optimal usage of electric power and ground water resources in the building (Srinivasan et al. 2012). Materials: Researchers Hosseinijou, Mansour and Shirazi (2014) are of the opinion that the materials used for developing and furnishing buildings act as some of the major sources of environmental pollution. However, the architectural designs of the Green Square North Tower have encouraged the use of recycled steel and recycled concrete to a significant extent (60 percent and 40 percent respectively). The building also utilizes at least 60 per cent less PVC materials as compared to other structures of same size, thus reducing the total amount of VOC emissions (Wang, Toppinen and Juslin 2014). Water Saving Systems: The Green Square North Tower utilizes tank having a capacity of 160,000 litres for the purpose of rainwater harvesting. It has already been mentioned that the storm water is utilized for flushing toilets and irrigating garden areas, thus ensuring a saving of 1.2 million litres per annum (Gbca.org.au 2016). Content Case Analysis In order to understand the basic factors of the environmentally-conscious buildings technologies and the existing projects developed by using the technology, several previous research articles or literatures have been reviewed. The examples of buildings constructed by using this technology and the potential impact of the technology are reviewed in the papers. The new Research and Development building of NTT Facilities was constructed using the environmentally-conscious building technologies, which was inaugurated in the year of 2014. This building can be taken as one of the best examples of the eco-friendly buildings developed using this technology. The different types of facilities available in the rooms of the building can be controlled according to the presence of people in the rooms (Cabeza et al. 2013). The monitoring facilities, lighting facilities and the air conditioning systems of the building are able to save almost 35 percent of the total energy used for the general systems (Kibert 2016). The building has a server room, which uses the maximum amount of energies and produces the maximum heat in the building. This heat is used for heating the cool rooms of the building by exhausting the heat form the server room and cool energy is extracted from the ground level room for cooling the server room (Cabeza et al. 2013). This technique is helping to save the total amount of energy required for marinating the temperature of the whole building. The similar types of using of the technology were found in many buildings in the Michigan City. This was reported in the review article published by the Urban City Associates. The energy saving facilities of the buildings is almost same as the previous one. Some of these buildings are also using the recycling of the raw materials used in various purposes. In some buildings, the use of VOC free raw materials also found (Buyle, Braet and Audenaert 2013). This is helping to reduce the environmental damage caused to general household activities besides keeping the energy consumptions at the lower level. As mentioned by Madurwar, Ralegaonkar and Mandavgane (2013), the environmentally-conscious building technology is very efficient for managing all the facilities available in the general buildings. The internal environments of the buildings developed by using this technology are healthier than the general buildings. The main facility provided by the buildings constructed by using this technology is to reduce the amount of energy required for providing the modern facilities in the indoor environment of the building. Conclusion and Recommendation The preceding sections of the report provide detailed discussion on one of the most well known environmentally-conscious buildings of Queensland, the Green Square North Tower. The preliminary system requirements of the project, as identified in the conceptual designing phase have been discussed in section 2.1 of the report, whereas the detailed architectural plan used for developing the building has been discussed in section 2.2 of the report. A discussion on some of some of the literary articles that had been reviewed for developing this report has also been provided in section 3 of the report. In the light of the discussions made in the report, the following recommendation is being provided to the owners of the Green Square North Tower: Cork lining walls: The building currently contains 4 auditoriums and several meeting rooms that utilize efficient system for adjusting sound. Although intelligent meters have been installed for monitoring and controlling the power being consumed by these systems, the utilization of cork lining on the walls of these auditoriums and rooms would reduce the requirement of using these sound system facilities. This in turn would essentially reduce the total power consumption of the building. Energy exchanger: At present, the waste heat energy collected from various electrical systems is currently being used to run the cooling devices of the building. In a very similar fashion, the warm heat generated from the server rooms can be utilized for warming up the colder sections of the building, thus reducing the use of room heaters. Solar energy: The owners of the office spaces are being recommended to utilize solar power for lighting their facilities, thus reducing the power consumption rate of the building to a further extent. Roof top garden: The terrace area of the building can be converted into a garden area. Such transformation would not only make the building even more environment friendly, but would also lower down the temperature of the building, thus reducing the usage of air conditioning devices. References Adams, K.M., Hester, P.T., Bradley, J.M., Meyers, T.J. and Keating, C.B., 2014. Systems theory as the foundation for understanding systems.Systems Engineering,17(1), pp.112-123. Buyle, M., Braet, J. and Audenaert, A., 2013. Life cycle assessment in the construction sector: a review. Renewable and Sustainable Energy Reviews, 26, pp.379-388. Cabeza, L.F., Barreneche, C., Mir, L., Morera, J.M., Bartol, E. and Fernndez, A.I., 2013. Low carbon and low embodied energy materials in buildings: A review. Renewable and Sustainable Energy Reviews, 23, pp.536-542. Domenica Iulo, L., Gorby, C., Poerschke, U., Nickolas Kalisperis, L. and Woollen, M., 2013. Environmentally conscious design-educating future architects.International Journal of Sustainability in Higher Education,14(4), pp.434-448. Gbca.org.au,. 2016. Retrieved 13 August 2016, from https://www.gbca.org.au/resources/green-square-north-tower Hosseinijou, S.A., Mansour, S. and Shirazi, M.A., 2014. Social life cycle assessment for material selection: a case study of building materials.The International Journal of Life Cycle Assessment,19(3), pp.620-645. Kibert, C.J., 2016. Sustainable construction: green building design and delivery. John Wiley Sons. Kobayashi, K., Nagazono, H., Kanemitsu, H. and Inokubo, J., 2014. Promoting Environmentally Conscious Datacenters.FUJITSU Sci. Tech. J,50(4), pp.85-91. Madurwar, M.V., Ralegaonkar, R.V. and Mandavgane, S.A., 2013. Application of agro-waste for sustainable construction materials: A review. Construction and Building Materials, 38, pp.872-878. Namkung, Y. and Jang, S.S., 2013. Effects of restaurant green practices on brand equity formation: Do green practices really matter?.International Journal of Hospitality Management,33, pp.85-95. Sharma, B. and Gupta, V., 2016. Construction for Sustainable DevelopmentA Research and Educational Agenda.Imperial Journal of Interdisciplinary Research,2(7). Srinivasan, R.S., Braham, W.W., Campbell, D.E. and Curcija, C.D., 2012. Re (De) fining net zero energy: renewable emergy balance in environmental building design.Building and Environment,47, pp.300-315. Wang, L., Toppinen, A. and Juslin, H., 2014. Use of wood in green building: a study of expert perspectives from the UK.Journal of cleaner production,65, pp.350-361. Yudelson, J., 2013.Green building A to Z: understanding the language of green building. New Society Publishers. Yumino, S., Uchida, T., Sasaki, K., Kobayashi, H. and Mochida, A., 2015. Total assessment for various environmentally conscious techniques from three perspectives: Mitigation of global warming, mitigation of UHIs, and adaptation to urban warming.Sustainable Cities and Society,19, pp.236-249. Zuo, J. and Zhao, Z.Y., 2014. Green building researchcurrent status and future agenda: A review.Renewable and Sustainable Energy Reviews,30, pp.271-281.