Assessment on "Law and Business When Glenn"

Assessment 20 pages (5286 words) Sources: 0

[EXCERPT] . . . .

Law and Business

When Glenn says that a legal tradition is information, he is referring to the way that the legal process helps form the basis of historical tradition, of the way societies decided to form a code of morality and ethics in order to retain a positive and cooperative (e.g. social) state of affairs. Since humanity is all part of some type of tradition, then it stands that legal traditions, through the ages, are able to provide us with information about ways in which past societies operated, and the lessons they can impart for present and future society. This is, in fact, broken up into two major areas: humans and groups and culture.

By the very nature of culture and humanity, humans tend to be group animals -- they thrive in groups, coalesce into groups, indeed, the very process of moving from hunter-gatherer to cities was part of a group behavior. Within this essay we will first look at group normative behavior, intergroup communication and leadership, and finally the way in which group behaviors influence individuation and specific responses to that group's culture. Group norms are defined as a set of internal rulings that are followed by the group members in order to increase the overall efficiency of the group's activity. These norms usually refer to the members' behavior towards themselves, their hierarchical superior and group outsiders, as well as to their approach and attitude towards the work they are expected to perform. Norms determine the way in which groups solve problems, make decisions and do their work. They influence interactions between members and between the group and the facilitator. Norms reflect the group's culture of shared values (Knight, n.d.). The norms differ from a group to another; however, there is a set of commonly used rules. These refer to: taboo subjects, open expression of feelings, interrupting or challenging the tutor, volunteering one's services, avoiding conflict, length and frequency of contributions.

Stereotyping has negative effects on both individual and group behavior, and is linked with diversity. Groups force conformity of behavior by their own members, even how members think and react. Non-conforming behavior will be punished within stereotyped group. For the members of these groups it is not enough that they conform in behavior; they are taught to think alike. Groups are taught to a faith of believing and not criticizing, almost resembling religious conversion. They believe that something in their blood, heritage, or race memory dictates their culture and defines what they will be and what type of job they will have. Groups trust and accept only members of their own groups. They must immerse themselves in their own culture and close their minds to others. Racial or ethnic lines determine the idea of their community.

Part 1.1.2 - One of the key changes of the late 20th century, certainly enhanced in the early 21st, is that of the economic, political, and cultural movements that broadly speaking, move the various countries of the world closer together. This idea, called globalism, refers to a number of theories that see the complexities of modern life such that events and actions are tied together, regardless of the geographic location of a specific country (political unit). The idea of globalism has become popular in economic and cultural terms with the advent of a number of macro-trade agreements combined with the ease of communication brought about with the Internet and cellular communication.

The concept of globalization in economic and cultural development is a reality for the 21st century. The Internet and advances in telecommunication has made it easy to do business with any country in the world, to increase cultural and social contact, and to extend more timely communication between individuals. Similarly, the end of the Cold War signaled a different type of realignment of nations -- rather than East West philosophically dividing the world, global cultures are now looking to trade and economic growth to change the pattern of their own structures. The developing world, able to see and hear news and entertainment from the developed world, wants to change. Europe has evolved into a union of concerned states; even the United States, Canada, and Mexico are cooperating on a trade agreement to benefit the Americas, the Middle East and Asia are forming partnerships that would have been unheard of a century ago. Because globalization involves different traditions, and because economic and political agreements are often based on legal traditions, civil, common and Islamic law all are part of the legal paradigm in which multinational agreements are concluded. As with any period of growth, there is also strife and disagreement. Rapid development has ecological consequences, and more and more scientists are becoming concerned about the carbon footprint of individual nations, as well as the vast amounts of pollutants being pumped into the air and waters of the world. Humans have come to understand that no one lives in isolation when it comes to ecology -- the world is tied together. Rampant pollution in Latin America does have an effect on other countries of the world, as does the high consumption rate of fossil fuel in the United States. Each specific region of the world has unique issues regarding the impact globalization has had, or will have. Many second and third world countries, for instance struggle with the issues of rapid modernization, a growing population with expectations, and pressure from already developed countries regarding the environment, etc. NAFTA and other "free trade" agreements within North America, as well as the influx of immigrants (legal and otherwise) from Mexico into the United States, similarly create a series of pressure nodes.

Part 1.1.3 - for Glenn, regionalization is a process in which certain countries of like mind in certain activities band together to for a sub-group. This may be permanent, or it may be fleeting, but it focuses on common interests. Regionalization enforces globalization of law due to the nature of global agreements; regional groups acting in congruence to form legally binding agreements with other countries naturally have a predisposition towards a type of law. In contemporary culture, regionalization, combined with globalization, is the manner in which groups' reform based not just on cultural traditions, but more on economic similarities and needs. Because of the vastness of global trade and commerce (think transportation and shipping), countries are rarely isolated. Instead, the flow of goods and services transcends the globe, it does not respect cultural (or legal) traditions, and instead tries to mediate culture by providing a window into the developing world in a way that transcends economics and allows for other traditions; political, social, and legal; to flourish.

Certainly one example is the manner in which the EU, based in common law tradition, enters into agreements for trade, education, and technical expertise (medical, etc.) with the Middle East. In this case, there is a merging of common and Islamic law in contracts that are binding to both sides. There is a mutual degree of compromise and a process of osmosis that occurs within this type of structure. In our example of the Middle East and EU, there is also a population and migrational issue that helps bring legal traditions to the forefront. People are organized by legal traditions -- their personal lives, their economic lives, and their entire way of dealing with other people. So when legal traditions overlap, there is understandably a need to alter and change some a bit to be more appropriate for the new paradigm or living situation. Glenn does not believe these regionalizations are a threat to individual cultures but, in fact, can enhance them depending on the strength and veracity of the particular social grouping (54).

Part 1.1.4 - Diasporas are large movements or migrations of a group of people, typically ethnic or national in nature away from a traditional or ancestral home in favor of a forced new place to live. Typically, the word has been used with a capital "D" to identify the Jewish exile into other parts of the world. Like any large migration, a diaspora uproots such a large group of people that already share a tradition that their legal culture is transferred with them. By a process of cultural osmosis, legal traditions (contracts, etc.) flow back and forth between groups so that society is able to prosper (commerce, etc.) and over time, the legal traditions of one group become part of the legal tradition of another group.

Diasporas have been a powerful force in changing the makeup of culture and legal traditions in a historic sense. They can be based on wide-spread famine, religious persecution, natural disasters, and even colonialization (the Ancient Greeks, Alexander bringing Western culture into Asia, the Mongols, etc.). Eventually, these diasporas cause migrants to assimilate into the settled areas so completely that it, in fact, becomes indistinguishable from their new homeland (for instance, the modern population of Hungary identify more with European culture than with the Asian/Siberian roots; the English no longer identify with NW Germany, etc.). One… READ MORE

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