Hart-Fuller Debate Essay Example | Topics and Well Written Essays - 3000 words

Hart-Fuller Debate - Essay Example Introduction to Hart’s Concept of Law: Hart in his book addresses three critical issues. The questions which arise from these legal issues are (1) how does law differ from and how is it related to orders backed by threats? (2) How does legal obligation differ from, and how is it related to, moral obligation? (3) What are rules and to what extent is law an affair of rules?1 Laws, Commands and Orders: Hart argues in the first chapter of his book that laws are varieties of imperatives which differ in nature according to the tone of the individual. The acts of human beings to ask someone for help, to request someone for an act, or to order someone to do or to abstain from doing something, which might be backed by threat, or in other case where a man might be coerced to do something are all an indigenous part of the social nomenclature in which the society thrives and survives. Hart argues that law is a social construction backed by history. Law is an institution which always did n ot exist. It emerged for special reasons, and because of those reasons it has taken the form it takes. Law as the Union or Primary and Secondary Rules: Fundamental lawmaking power rests of the customary social rule, and it is through this rule that the sovereign authorises itself to make laws. Hart argued that law is nothing but a social construction of primary and secondary rules. In order to understand the effect of such rules, it is crucial to realise that Hart identified Rules of behaviour and rules of recognition as minimum standards for the existence of a legal system. We shall analyse the understanding of these rules later in the paper, but for now, it is important to draw a distinction to draw a parallel between these two rules and associate them with the primary and secondary rules. Primary rules may be defined as such ruled which guide behaviour of an individual by imposing duties on people, secondary rules provide for identification, change and enforcement of primary rule s. Both these rules are attached to the law of recognition and behaviour and the law works within this social pattern living in the society. Rules are present when there is a certain kind of social practice, regular behaviour together with the set of attitudes known as acceptance.2 Sovereign and Subject: Hart conceptualises that wherever there is a law, there is a sovereign, characterised negatively and positively by reference to the habit of obedience; a person or body of persons whose orders the great majority of the society habitually obey. This is the fundamental relationship between the subject and the sovereign.3 The most basic characteristic of democracy is the uninterrupted continuity of law making power by rules which bridge the transition from one lawgiver to another: these regulate the succession.4 Hart argues that in a sovereign State the laws are made through the acceptance of obedience of the majority of the people. The Constitution is the document which authorises the legislature to make laws for the people, but the legislature is not beyond the law since the power vested in him was granted by the Constitution itself. Therefore, it can be argued that the Constitution is the supreme law of the land and the law making bodies come under the purview of the Constitution. However, the lawmaker is not limited by the Constitution in order to enact laws, and he has the will to be obeyed by the

Analysis of Doves Real Beauty Sketches campaign Essay

Analysis of Doves Real Beauty Sketches campaign - Essay Example The second set of portraits were more beautiful than the first ones. The video became extremely popular in social media because it revealed that women were more critical of their beauty than were others. While the campaign received widespread praise, some also criticized it for making beauty a central part of women’s self-identity and self-esteem. The following analysis discusses the marketing concepts at work in these praises and criticisms. Social Media Marketing The video was viewed more than 14 million times within a week of its launch (Dan, 2013). This level of reach is a testament to the growth of online and social media marketing. Social media marketing through platforms such as Facebook, Twitter and YouTube empowers consumers by allowing them to share and comment on the marketing message. According to Tuten (2008), social media helps to impart a personality to brands which helps to differentiate a brand from others. Shareability of marketing content has been facilitate d by the integration of various platforms. Such integration has been achievable because of the Web 2.0 technology (Zarrella, 2010). Evans (2010) explains that marketing through social media creates a deeper sense of engagement with the consumer and develop a two-way relationship with the brand. For instance, Dan (2013) states that he was alerted about the video through his Facebook page. This can also be related with viral marketing through which content reaches a worldwide audience as viewers share it with members of their social networks. Media Planning The choice of platform also reflects the importance of effective media planning by which Dove was able to ensure that the campaign was rolled out to reach the target audiences around the world. According to Funk (2012), YouTube is the most appropriate brand for visual brands such as fashion and lifestyle brand. According to this view, Dove made an appropriate choice of media platform. Secondly, Kelley and Jugenheimer (2008) argue t hat ethnic diversity and geography impact media planning decisions. This supports the initial launch of the campaign in English speaking countries. Role of Market Research Dan (2013) also reveals that the campaign was based on market research findings, thus helping to illustrate the importance of reliable market research for successful marketing campaigns, particularly in international markets (Craig and Douglas, 2005). According to the research used by Dove, only 4 percent of women believe they are beautiful. Dove uses this research to reach out to the 96 percent of women and convince them that they are beautiful. Emotional Branding Another aspect of the campaign is the emotional nature of the content. Gobe (2013) explains that effective consumer interaction is based on feelings and senses. The Dove campaign explores the insecurity women experience when it comes to physical beauty. Travis (2000) explains that greater trust between the brand and consumer is created through emotional branding. The campaign also shows how the looking-glass theory works by showing how women view themselves critically in response to societal pressures and norms (Boone and Kurtz, 2013). The emotional impact is further heightened by the use of testimonial advertising where the women share their thoughts and feelings with the viewer, where the spokesperson adds authenticity to the advocacy role (O’ Guinn, Allen and Semenik, 2009). Perception and Self-Reflection Perception and self-reflection play an important part in consumers’ interpretation of their behaviours (Koekemoer, 2004). The campaign shows how women perceive themselves in terms of beauty. The campaign attempts to promote the concept of real beauty by showing that women are more beautiful