Steps in System Design

Steps in System Design CHAPTER 3 HIGH LEVEL DESIGN 3.0 High Level Design The high level design discusses an overview of how a system be supposed to work and how the higher stage sections to contains the suggested answer. It would be supposed to have very less information about implementation that is no clear class descriptions and during case not even details such as data base type (relational or object) programming language and platform. High level design gives an overview of system flow. However, this gives more information for the user to understand the logic. Here we see the basic knowledge about the system design and architecture. Following are the issues that we see in this part which are the primary components for the design. 3.1 Design Considerations The key design considerations of deadline constraints broadcasting in wireless network are: Creation of network with twenty nodes, including the base station node and its client nodes. Broadcasting the packets by base station to its nodes. Calculating all the measures and getting feedback information from all nodes for the transmission. According to which designing the three main scheduling policies for the broadcasting delay in the network. Network which does not uses network coding mechanism, designing the greedy scheduling policy. Network which uses the network coding mechanism for which designing the linear coding scheduling policy and pair wise XOR scheduling policy. Finally performance analysis is done for each scheduling policy, considering the deterministic, probabilistic arrivals of packets for asymmetric and symmetric topology. 3.2 System Architecture of Deadline Constraints Broadcasting in Wireless Network System Architecture of deadline constraints broadcasting in wireless network in shown in figure 3.1 System architecture is the theoretical design that describes the structural and behavioral features of a system. The description of the architecture is the official explanation of the system. That is arranged in the form that maintains interpretation concerning the structural possessions of the system. And it characterizes the system apparatus or building blocks and gives a preparation from which yield can be procured and systems are developed that are work jointly to apply in general system. The base station will broadcast the arrival of packets using different types of systems like greedy scheduler, pair wise XOR, linear coding and feedback scheduler to the particular nodes. Design feasible optimal policy for the broadcasting of delay in traffic. Since the base station will not having any idea regarding feedback information from all its client nodes, it cannot identify the real timely throughput established by each client node for the flow of packets. Though, with the knowledge of channel reliabilities, the base station will calculate approximately the timely throughputs by measuring the possibility that a client node gains the packet of a flow in every time gap. There is stationary randomized scheduling policy and a positive number, which decides a schedule arbitrarily from the scheduling space where it is based on the packet coming at the creation of the period and self directed of the system history before the time interval that accomplish the system with timely throughput supplies. A system with any coding mechanism, a designing policy aims to maximize, a policy is feasible optimal. Three different kinds of coding mechanisms, first think about a system where network coding is not been used. In each time slot, the base station will broadcast the unprocessed packet from the stream that has been produced one packet in the time interval. Deduce a few separation of flows has been produced packets at the starting of the interval the probability that client receives the packet from flow in this interval. Since the base station can make broadcasts in an interval. The probability that client has not received the packet from flow during the first transmissions, and receives this packet when the base station broadcasts the packet from flow for the next time. Thus, classify the subjective trivial liberation chance of the broadcast of an online scheduling Greedy algorithm. The use of pair wise XOR coding for broadcasting, the base station can either broadcast a raw packet from a flow, or it can choose to broadcast an encoded packet from flow packet from flow, the XOR of a packet from flow with a packet from flow. A client can recover the packet from flow either upon directly receiving a raw packet from flow, or upon receiving a raw packet from flow and an encoded packet. Consider a system with two streams of flow of packets that produce single packet in every interval with only individual client whose direct reliable. Assume that there are six time slots in an interval. Suppose that the base station transmits each packet three times in an interval. Thus, a system with timely throughput requirements is not possible when complex network coding is not in use. Thus system with pair wise XOR coding can achieve strictly better performance than one without network coding. By employing linear coding in the direction to advance the performance of dissemination delay constraints flow of packets besides the unprocessed packets the base station can also transmit small packages that having linear grouping of packets from any streams of flows. The consumer can decipher all packets from the separation of streams if it receives at least packets that having linear grouping of packets from those stream of flows. If a client receives less packets having linear combination of groups cannot be decoded from those flows of packets. Figure 3.1: System Architecture of deadline constraints broadcasting in wireless network 3.3 System Specification using Use Case Diagram Use case diagrams are represents the typically noticeable interactions with the aim of the system will perform with the users and external systems. They are exercised to depict in what way the user can carry out the role by means of the systems and it form an important part of the progress of the method. Use case diagrams describe schedules of work, user guides, test plans and are functional all the way through the whole development progression. Use case models use a concept known as actors to visualize what is deemed to be outside the system. The use case also describes about the exterior unit will interrelate with the system and the work that the system will need to perform. Use case scenarios that describe how actors use the system. The actors are external factors that interact with the system. Actors are identified based on who is using the system or who will be using the system. The actor represents the role a user plays with respect to the system. Identifying actors is an important as identifying classes, structures, attributes, associations and behavior. 3.3.1 Use Case Diagram for Deadline Constraints Broadcasting in Wireless Network Use case Diagram of deadline constraints broadcasting in wireless network is shown in figure 3.2. Figure 3.2: Use case Diagram of deadline constraints broadcasting in wireless network Name of the module: deadline-constrained broadcasting in wireless network. External users or actors: base station and client node. Functionality of the system: functionality of the system includes adding flow and broadcasting flow. Broadcasting flow has the functions like greedy scheduler, pair wise XOR scheduler, linear scheduler and feedback scheduler. Description of deadline-constrained broadcasting in wireless network: The use case diagram of the deadline-constrained broadcasting in wireless network shown in figure 3.3. The base station used to add flow and broadcast the flow in the network, where it can use any technique to broadcast the delay in the network like it may use non coding mechanism by using greedy scheduler policy, and coding mechanism by introducing pair wise XOR scheduler policy, linear scheduler policy and it may use feedback scheduler policy. There by base station broadcast the delay to the respective client nodes. 3.4 Data Flow Diagram for Deadline Constraints Broadcasting in Wireless Network A data flow diagram is a graphical depiction where the data flows all the way through an information system. It is also used for the visualization of data processing that is structured design. In DFD information flows from the external source or an internal process towards the internal information store or the external information drop through is the midway course. Level_0 The context-level or level 0 data flow diagram describes the interface between the method and external agents which operate as data sources and data sinks. Scheduled on top of the background diagram also termed as the Level 0 DFD where the systems interfaces with the outside world are modeled merely during the data flows crossways the system edge. In the context diagram the complete system as only one process and provides no clues to its own internal group. Figure 3.3: Level 0 Data flow diagram for deadline constraints broadcasting in wireless network 3.4.1 Data Flow Diagram for Deadline Constraints Broadcasting in Wireless Network Level _1 The Level 1 DFD describes about the division of sub systems of the complete system and each of the sub systems deals with at least one of the data flows to or from the outside way and which together provides all of the functionality of the process. It is also recognize the internal data provisions that should there in sort of the progression to do the work and it illustrates the flow of information among the diverse parts of the procedure. Figure 3.4: Data Flow Diagrm of Probability data flow for deadline constraints broadcasting in wireless network Table 3.1: Transmission of packet of different flow deadline constraints broadcasting in wireless network 3.4.2 Data Flow Diagram of XOR coding for Deadline Constraints Broadcasting in Wireless Network Figure 3.5: Data flow diagram of XOR coding for deadline constraints broadcasting in wireless network Table 3.2: Transmission of XOR coding for deadline constraints broadcasting in wireless network 3.4.3 Data Flow Diagram of Linear coding for Deadline Constraints Broadcasting in Wireless Network Figure 3.6: Data flow diagram of linear coding for deadline constraints broadcasting in wireless network Table 3.3: Transmission of linear coding for deadline constraints broadcasting in wireless network 3.4.4 Data Flow Diagram of Broadcasting packets for Deadline Constraints Broadcasting in Wireless Network Figure 3.7: Data flow diagram of broadcast packet for deadline constraints broadcasting in wireless network Table 3.4: Transmission of broadcast packet for deadline constraints broadcasting in wireless network 3.5 Sequence diagram for Deadline Constraints Broadcasting in Wireless Network Sequence diagrams display interactions between the objects from temporal standpoint. A sequence diagram represents an interaction between objects that focuses on the message. An object is represented by rectangle and its lifeline is represented by a vertical bar line. Initialization Flow The sequence diagram of the initial flow is shown in figure 3.8. STEP 1: The admin directs the main to create the new network and the network is created. STEP 2: The new base station is created by the network by main through admin. STEP 3: The new node is created by the network by main through admin. STEP 4: The network is shown by network through the main and admin. Figure 3.8: Sequence diagram for Initialization Flow Greedy Scheduler The sequence diagram of the greedy scheduler is shown in figure 3.9. STEP 1: The admin add the flow by base station and starts broadcasting of packets. STEP 2: The new base station is starts scheduling of the packet flow to greedy scheduler. STEP 3: The greedy scheduler sends back the packet flow once it done coding. STEP 4: Then broadcasting takes place from base station to node. Figure 3.9: Sequence diagram for Greedy Scheduler Linear coding scheduler The sequence diagram of the linear coding scheduler is shown in figure 3.10. STEP 1: The admin add the flow by base station and starts broadcasting of packets. STEP 2: The new base station is starts scheduling of the packet flow to linear coding scheduler. STEP 3: The linear coding scheduler sends back the packet flow once it done coding. STEP 4: Then broadcasting takes place from base station to node. Figure 3.10: Sequence diagram for Linear coding scheduler Feedback scheduler The sequence diagram of the feedback scheduler is shown in figure 3.11. STEP 1: The admin add the flow by base station and starts broadcasting of packets. STEP 2: The new base station is starts scheduling of the packet flow to feedback scheduler. STEP 3: The feedback scheduler sends back the packet flow once it done coding. STEP 4: Then broadcasting takes place from base station to node. Figure 3.11: Sequence diagram for Feedback scheduler Pair wise XOR scheduler The sequence diagram of the pair wise XOR scheduler is shown in figure 3.12. STEP 1: The admin add the flow by base station and starts broadcasting of packets. STEP 2: The new base station is starts scheduling of the packet flow to pair wise XOR scheduler. STEP 3: The feedback scheduler sends back the packet flow once it done coding. STEP 4: Then broadcasting takes place from base station to node. Figure 3.12: Sequence diagram for Pair-wise XOR scheduler 3.6 Classes Designed for the system The class diagram is the major structural block of objective leaning modeling. Class diagrams can be used for information modeling. The classes in a class diagram shows both the major objects and communications in the systems and the classes exist to program. It is used both for general conceptual modeling, for systematic applications, detailed modeling, and for converting the models into encoding rules. In the diagram classes are presented with boxes shapes which have three parts. The upper part of box has the name of the class The middle part contains the attributes of the class The bottom part of box produces the processes or functions the class has to perform The design of a system has the number of classes that are recognized and joined together in the class diagram which assists to find out the relations among objects. The attribute shows the passage thread that is parsed in the variety of properties of the characteristic form component. Operation is used to show operations defined on classes. It is the service of an instance that the class is requesting to perform the function is as shown in the text string that may be parsed to the different properties of an operation function of the model component. There are relations between the different classes in the class diagram that are represented using the following notations. Composition ( ) is a very strong option of the possess association relationship, composition is specific. Composition has a strong existence cycle dependent among occurrences of the container class and occurrences of the contained module. If the container is cracked or damaged normally every occurrence that it contains is destroyed fully. Generalization ( ) specifies that one of the two connected program (the subclass) is measured to be a dedicated form of the other program (the super type) and super class is well thought out as ‘generalization’ of subclass. This way any occurrence of the subtype class is also the example of the super class. Multiplicity notations are positioned near the endings of a relationship. And these signs specify the number of occurrences o single class linked to one occurrences of the other class, ‘1’ states that no more than one instances are used, and ‘0..*’ states that zero or many instances are used. Figure 3.13: Classes diagram for deadline constraints broadcasting in wireless network The class diagram for deadline constraints broadcasting in wireless network is represented in figure 3.13. the figure shows the main class, which defines the operations +createNetwork( ), +add BS( ), +add Node(), +show Network(). The class network defines the operation, +add BS(), +add Node(), +show Network(), with one -to-one aggregation to main class. The class Base station defines the operation, +add Flow(), +broadcastPacket(), +sendPacket(), with one -to-one aggregation to network class. The class Node defines the operation, +collectPacket() with generalization to statistics class it also defines many-to-one aggregation with network class The class greedy scheduler, linear coding scheduler, feedback scheduler, pair wise XOR scheduler, defines the operations +schedulePacketFlow() with respect to their scheduling principles, and they are one-to-one aggregation with the class Base station. Summary In this chapter, a brief overview of design consideration, system architecture, design steps is presented and further discussion of the use case diagrams, class diagrams, data flow diagrams and sequence diagrams next chapter discusses detailed design of the system.

An Analysis of Police Reforms

1 COMPARATIVE JURISPRUDENCE PROJECT TOPIC:An analysis of police reforms, in light of Aristotle’s theory of justice SUBMITTED TO: PROF. AMITA DHANDA SUBMITTED BY: DEEPINDER BAL ROLL NO. – 11 LL. M I YEAR EMAIL- deepinder. [email  protected] ac. in 1 Abstract In 1996, two former Director Generals of Police requested the Supreme Court to direct the central and the state governments to adopt a set of measures to address the most glaring gaps and bad practices in the functioning of the police. 2Given the gravity of the problem and the total uncertainty as to when police reforms would be introduced, the Supreme Court, on 22nd September, 2006, delivered a historic judgment where it considered that it could not further wait for governments to take suitable steps for police reforms and issued 7 directives for immediate compliance which were binding upon central and state governments, until they frame appropriate legislations. The researcher would like to relate the topic with Aristotle's theory.Aristotle's vision of a good civil society and the teleological theory can be related to the purpose of introduction of the police reforms viz. the judgment and the purpose of the implementation of the judgment. 2 Topic- An analysis of police reforms (In light of the judgment, Prakash Singh & others v. Union of India and others on 22, Sept, 2006) 3 The Government of India appointed a National Police Commission in 1977 to examine the role and performance of the Indian police as a law-enforcing agency and as an institution to protect the rights of the citizens enshrined in the Constitution.The Commission submitted 8 reports in a span of 2 years, wherein it made various recommendations so as to redefine the role, duties, powers and responsibilities of the police. With the 8th report, it drafted a new Police Act incorporating certain essential recommendations, which were never implemented. In 1996, a petition was filed by 2 former Director Generals of Police, praying for the issue of directions to the Government of India to frame a new Police Act drafted by the Commission to ensure that the police is made accountable essentially and primarily to the law of the land and the people.As a part of my project research, I would like to examine the need of police reforms in India, the implications and implementation of the 2006 judgment of the Supreme Court (in response to the petition of 1996), in relation to the Aristotle’s theory of justice and his concept of a good civil society. India has established a vibrant democracy, where good governance and administration of justice to the citizens are essential attributes. The primary institution on which the state relies for the maintenance of law and order is the police.Policing is an essential public service and it is the duty of every state to provide its people with the best police service possible. The society perceives police to be the custodians of law and order who provide safety and security to all. Thus police personnel have a vital role in a parliamentary democracy like India. The Police as an organized institution came into existence in India with the Police Act of 1861, which was the advent of the British. The police act was designed on the British model of colonial control, which was meant for its subjects and not for the free citizens of a democracy.Independence has changed the political system in India, but the police system is still governed by The Police Act of 1861. It is shocking to believe that, till now, no government, central or state, has taken the initiative to replace the Police Act of 1861 with new legislation, which would be in tune with requirements of democratic policing. Aristotle in his theory states that the purpose of any organization is to from good citizens and to cultivate good character.We must recognize that the police is one of the most vital social institutions needed to construct a democratic society in which human rights and freedoms a re respected and protected. He also stated that â€Å"the end and purpose of a polis is the good life, and the institutions of social life are means to that end†. 1 1 Who deserves what? , Michael sandel’s theory of justice. 3 A political community exists to promote a good life and this aim cannot be achieved without the support of an efficient social organization.So, the police service is a significant part of the socialization body and it seeks to enhance the democracy and the civility within the society. 4 The aim of the police force is to promote the welfare of society for which they must be equipped with the professional knowledge and the necessary powers for creating a social just environment for the citizens. Aristotle believes that it is possible to reason the purpose of social institutions. He reasons that the essential nature of the social institutions is not fixed once and for all.Policing is a dynamic process. It needs to be constantly reinvented in order to be effective. Civil society advocates for a variety of policy changes, new legislations all aimed towards public good. Law is needed both to help habituate citizens to virtuous actions and to help maintain the salutary habits they acquire. For Aristotle, the primary purpose of law is to cultivate the habits that lead to good character. â€Å"Legislators make the citizens good by forming habits in them, and this is the wish of every legislator, and those who do not effect it miss their ark, and it is in this that a good Constitution differs from a bad one†. 2 Presently, the police organisation is marked by aback of democratic functioning and adequate police direction. Police priorities are defined by, and changed according to, the will of the political executive. The manner is which political control has been exercised in India has led to gross abuses, resulting in the erosion of rule of law as well as political credibility. At present the laws governing the relationship betw een police and the political executive are not clear enough to prevent the blurring of boundaries.Over the course of time this lack of clarity has permitted all kinds of illegitimate interferences to seep into the police functioning and is one of the seminal causes for poor overall management of the police and the difficulty of fixing responsibility so as to achieve effective, unbiased and accountable performance. In a democracy, the police have to function as any other public service, which renders services to the community and not as â€Å"force†. Aristotle has also made a distinction between â€Å"rule of law† and â€Å"rule of force†.The rule of law is a democratic rule for the benefit of the entire population (all citizens, the public or the nation as such), whereas the rule of force is an authoritarian, perverted and corrupted form of rule for the advantage of the ruler. 3 In relation to the above context, the Prime Minister, Dr. Manmohan Singh has observe d, â€Å"Today, police forces have to serve the interests of the people, not rulers. In a democratic framework as we are in today, there is need to have in the police forces a managerial philosophy, a value system and an ethos in tune with the times.I had 2 3 Richard Kraut, Aristotle: political philosophy, Oxford University press, 2002. Aristotle (384-322 BC): The Polis. Hammondsworth, 1991, Penguin. 4 5 emphasized the need to ensure that the police forces at all levels change from a feudal force to a democratic service. The spirit of public service, of respect for the rights of individuals, of being just and humane in ones action must permeate the entire police force†. 4 The Supreme Court too, reiterated the need of enforcing the rule of law in the police system with its verdict of the 2006 judgment5.The Court ordered that police reform must take place. The states and union territories were directed to comply with seven binding directives viz. to Constitute a State Security Commission, selection and minimum tenure of DGP, minimum tenure of IG of police and other officers, separation of Investigation, Constituting a Police Establishment Board, to constitute a Police Complaints Authority and to set up a National Security Commission, that would kick start reform. These directives pulled together the various strands of improvement generated since 1979.The Court required immediate implementation of its orders either through executive orders or new police legislation. According to me, the judgment of the Supreme Court though came after a decade of the filing of petition; it served the dire necessity of the implementation of police reforms, which was never initiated by any of the state or the central government so far. According to Aristotelian’s theory of justice, every social practice or an institution is established for some purpose, end or aim. The aim of the police force as a social institution is to maintain law and order in a democratic society. If this purpose is not being achieved, the need for police reforms in keeping with the requirements of a modern, democratic state is self-evident. Aristotle has described his theory of justice as: Justice is teleological- defining rights requires us to figure out the telos (the purpose, end, or essential nature) of the social practice in question. Justice is honorific- to reason about the telos of a practice- or to argue about it- is, at least in part, to reason or argue about what virtues it should honor and reward. 6 In any country, administration of justice is one of the primary functions, which it seeks to promote.One of the ways through which this purpose could be achieved is to have a policing system, which is equipped with such adequate powers. Aristotle in his theory while discussing the concept of justice with regard to telos and honouring of virtues, stresses that you honour only those persons who help in achieving your purpose. 4 Prime Minister’s address to the Ann ual conference of DGPs / IGPs of States and UTs; October 6, 2005; New Delhi; retrieved from http://pmindia. nic. in/speech/content. asp? id=207 5 Prakash Singh and others v. Union of India and others, Writ Petition (civil) 310 of 1996. 6 Supra, note 1. As according to Aristotle only virtuous people are honored, to imbibe that virtue in the police force, it is necessary that they should have such powers where they can function efficiently and effectively thus, imparting goodness in the society. 6 Aristotle says that essential nature is attributed to the social institutions so that the purpose or the telos can be achieved. Here, the police being still governed under the 1861 act have not been given the required powers through which they can achieve the purpose of policing. The crux of the police reform is to secure professional independence for the police to unction truly and efficiently as an impartial agent of the law of the land and at the same time, to enable the government to ove rsee the police performance to ensure its conformity to law. The need of law enforcement is to maintain peace, enforce the laws of the land, protect the people from criminals, and to help ensure the safety of the citizens. The corruption in political system and political leaders has made the Indian police toothless; so far doing their duties is concerned. If the police have no powers, it cannot function to provide a safe and secure environment for its citizens.Coupled with undue political interference police functioning is plagued by the lack of policy directions and absence of any formal performance evaluation framework. The most glaring examples of illegitimate political interference affecting police work is evident in cases of communal riots and other disturbances. Public order is a critical necessity for progress. An unruly society would be a recipe for economic disaster. With the implementation of the police reforms the quality of life of the citizen, which is in great measure dependent upon the maintenance of public and police order will improve.Aristotle also states that â€Å"at his best man is the noblest of all animals, separated from law and justice he is the worst†. 7 Even after 6 years of the judgment have elapsed, no effective steps have been taken by a majority of states to incorporate the directives issued by the Supreme Court. None of the directions to professionalize the police force, to prevent arbitrary transfer of officers and introduction of transparency in the system have been implemented. The criminalization of Indian politics has eroded the authority of the police leadership and consequently the discipline of the force.Aristotle’s way of reasoning from the purpose of a good to the proper allocation of the good is an instance of teleological reasoning. Aristotle claims that in order to determine the just distribution of a good, we have to inquire into the telos, or purpose, of the good being distributed. The distribution o f good that Aristotle talks about, in my case is equivalent to the distribution of powers in a democratic society. If we look into the purpose of power being distributed it should be in the hands of those who would best utilise the power and help in the achievement of a purpose, which is the administration of justice. And 7 Supra, note 3. 7 since police is a medium achieving the justice, they should be given proper powers in order to achieve the telos. Aristotle had said, â€Å"It is in justice that ordering of society is centered. The justice system in many ways is the bedrock of a democratic society since it upholds the rule of law, which is the fundamental feature of a true democracy. Our laws have to be sensitive to the changes in social structure and social philosophy, a reflection of contemporary social consciousness and a mirror of our values as a civilization. Thus, non-accessibility of justice results in the erosion of rule of law as well as police credibility†. For Aristotle, justice means giving people what they deserve, giving each person his or her due. It involves two factors: â€Å"things, and the persons to whom things are assigned†. 9 As far as the implementation of the judgment is concerned, the court stressed the need for a buffer body between the police and the politicians, which will accord functional autonomy to the police even as they are supervised by the political executive. As a result the relationship between the police and politician will loose its present character of unfettered discretion and illegitimate interference.The non-seriousness in the approach of the state governments in abiding with the directives issued by the Supreme Court, destroy the very basis of a judicial mechanism. The purpose of the judgment was to provide a professional and a wellequipped police system, which can efficiently manage the democratic society. The lack of political will in implementing this reform is symptomatic of a larger malice in the system, whereby the politician is reluctant to let go off his control over the police and law enforcement agencies.The alacrity with which thousands of northeast Indians fled Maharashtra and Karnataka recently has once again underscored the complete lack of the faith of the common man in the law and order machinery. It is yet another reminder that more than anything else a multi cultural and multi ethnic society like India needs an a political, professional police force and an efficient judicial system that will serve the rule of law without fear or favour. It is absence of such a vital mechanism that is at the heart of the unchecked crimes, poor conviction rate and the general lack of faith in the law and order system that we see in India today.The police force is highly politicised and corrupt and more than anything else, it is the absence of strict enforcement of law and swift justice that is at the heart of the breakdown that we face today. Aristotle’s concept of a go od civil society where he talks about the law of the polis inculcating good habits and thus forming a good character sets us on the way to civic virtue. This virtue can be achieved with the implementation of the police reforms in the society. 8 9 Supra, note 3. Supra, note 1. 7 8 The quality of the justice system in the country, to a larger extent depends upon the working of a police force.Thus, having regard to larger public interest, it is absolutely necessary to issue the requisite directions. 8 Bibliography 9 ? Aristotle, Nicomachean ethics. Indianapolis: Bobbs-Merrill, 1962 ? Who deserves what? , from Michael Sandel’s Theory of Justice ? Morris, T. , (1998), If Aristotle ran General Motors: the new soul of business. New York: Henry Holt and Company, LLC. ? Richard Kraut, Aristotle: political philosophy, Oxford University press, 2002 ? Aristotle (384-322 BC): The Polis. Hammondsworth, 1991, Penguin 9 An Analysis of Police Reforms 1 COMPARATIVE JURISPRUDENCE PROJECT TOPIC:An analysis of police reforms, in light of Aristotle’s theory of justice SUBMITTED TO: PROF. AMITA DHANDA SUBMITTED BY: DEEPINDER BAL ROLL NO. – 11 LL. M I YEAR EMAIL- deepinder. [email  protected] ac. in 1 Abstract In 1996, two former Director Generals of Police requested the Supreme Court to direct the central and the state governments to adopt a set of measures to address the most glaring gaps and bad practices in the functioning of the police. 2Given the gravity of the problem and the total uncertainty as to when police reforms would be introduced, the Supreme Court, on 22nd September, 2006, delivered a historic judgment where it considered that it could not further wait for governments to take suitable steps for police reforms and issued 7 directives for immediate compliance which were binding upon central and state governments, until they frame appropriate legislations. The researcher would like to relate the topic with Aristotle's theory.Aristotle's vision of a good civil society and the teleological theory can be related to the purpose of introduction of the police reforms viz. the judgment and the purpose of the implementation of the judgment. 2 Topic- An analysis of police reforms (In light of the judgment, Prakash Singh & others v. Union of India and others on 22, Sept, 2006) 3 The Government of India appointed a National Police Commission in 1977 to examine the role and performance of the Indian police as a law-enforcing agency and as an institution to protect the rights of the citizens enshrined in the Constitution.The Commission submitted 8 reports in a span of 2 years, wherein it made various recommendations so as to redefine the role, duties, powers and responsibilities of the police. With the 8th report, it drafted a new Police Act incorporating certain essential recommendations, which were never implemented. In 1996, a petition was filed by 2 former Director Generals of Police, praying for the issue of directions to the Government of India to frame a new Police Act drafted by the Commission to ensure that the police is made accountable essentially and primarily to the law of the land and the people.As a part of my project research, I would like to examine the need of police reforms in India, the implications and implementation of the 2006 judgment of the Supreme Court (in response to the petition of 1996), in relation to the Aristotle’s theory of justice and his concept of a good civil society. India has established a vibrant democracy, where good governance and administration of justice to the citizens are essential attributes. The primary institution on which the state relies for the maintenance of law and order is the police.Policing is an essential public service and it is the duty of every state to provide its people with the best police service possible. The society perceives police to be the custodians of law and order who provide safety and security to all. Thus police personnel have a vital role in a parliamentary democracy like India. The Police as an organized institution came into existence in India with the Police Act of 1861, which was the advent of the British. The police act was designed on the British model of colonial control, which was meant for its subjects and not for the free citizens of a democracy.Independence has changed the political system in India, but the police system is still governed by The Police Act of 1861. It is shocking to believe that, till now, no government, central or state, has taken the initiative to replace the Police Act of 1861 with new legislation, which would be in tune with requirements of democratic policing. Aristotle in his theory states that the purpose of any organization is to from good citizens and to cultivate good character.We must recognize that the police is one of the most vital social institutions needed to construct a democratic society in which human rights and freedoms a re respected and protected. He also stated that â€Å"the end and purpose of a polis is the good life, and the institutions of social life are means to that end†. 1 1 Who deserves what? , Michael sandel’s theory of justice. 3 A political community exists to promote a good life and this aim cannot be achieved without the support of an efficient social organization.So, the police service is a significant part of the socialization body and it seeks to enhance the democracy and the civility within the society. 4 The aim of the police force is to promote the welfare of society for which they must be equipped with the professional knowledge and the necessary powers for creating a social just environment for the citizens. Aristotle believes that it is possible to reason the purpose of social institutions. He reasons that the essential nature of the social institutions is not fixed once and for all.Policing is a dynamic process. It needs to be constantly reinvented in order to be effective. Civil society advocates for a variety of policy changes, new legislations all aimed towards public good. Law is needed both to help habituate citizens to virtuous actions and to help maintain the salutary habits they acquire. For Aristotle, the primary purpose of law is to cultivate the habits that lead to good character. â€Å"Legislators make the citizens good by forming habits in them, and this is the wish of every legislator, and those who do not effect it miss their ark, and it is in this that a good Constitution differs from a bad one†. 2 Presently, the police organisation is marked by aback of democratic functioning and adequate police direction. Police priorities are defined by, and changed according to, the will of the political executive. The manner is which political control has been exercised in India has led to gross abuses, resulting in the erosion of rule of law as well as political credibility. At present the laws governing the relationship betw een police and the political executive are not clear enough to prevent the blurring of boundaries.Over the course of time this lack of clarity has permitted all kinds of illegitimate interferences to seep into the police functioning and is one of the seminal causes for poor overall management of the police and the difficulty of fixing responsibility so as to achieve effective, unbiased and accountable performance. In a democracy, the police have to function as any other public service, which renders services to the community and not as â€Å"force†. Aristotle has also made a distinction between â€Å"rule of law† and â€Å"rule of force†.The rule of law is a democratic rule for the benefit of the entire population (all citizens, the public or the nation as such), whereas the rule of force is an authoritarian, perverted and corrupted form of rule for the advantage of the ruler. 3 In relation to the above context, the Prime Minister, Dr. Manmohan Singh has observe d, â€Å"Today, police forces have to serve the interests of the people, not rulers. In a democratic framework as we are in today, there is need to have in the police forces a managerial philosophy, a value system and an ethos in tune with the times.I had 2 3 Richard Kraut, Aristotle: political philosophy, Oxford University press, 2002. Aristotle (384-322 BC): The Polis. Hammondsworth, 1991, Penguin. 4 5 emphasized the need to ensure that the police forces at all levels change from a feudal force to a democratic service. The spirit of public service, of respect for the rights of individuals, of being just and humane in ones action must permeate the entire police force†. 4 The Supreme Court too, reiterated the need of enforcing the rule of law in the police system with its verdict of the 2006 judgment5.The Court ordered that police reform must take place. The states and union territories were directed to comply with seven binding directives viz. to Constitute a State Security Commission, selection and minimum tenure of DGP, minimum tenure of IG of police and other officers, separation of Investigation, Constituting a Police Establishment Board, to constitute a Police Complaints Authority and to set up a National Security Commission, that would kick start reform. These directives pulled together the various strands of improvement generated since 1979.The Court required immediate implementation of its orders either through executive orders or new police legislation. According to me, the judgment of the Supreme Court though came after a decade of the filing of petition; it served the dire necessity of the implementation of police reforms, which was never initiated by any of the state or the central government so far. According to Aristotelian’s theory of justice, every social practice or an institution is established for some purpose, end or aim. The aim of the police force as a social institution is to maintain law and order in a democratic society. If this purpose is not being achieved, the need for police reforms in keeping with the requirements of a modern, democratic state is self-evident. Aristotle has described his theory of justice as: Justice is teleological- defining rights requires us to figure out the telos (the purpose, end, or essential nature) of the social practice in question. Justice is honorific- to reason about the telos of a practice- or to argue about it- is, at least in part, to reason or argue about what virtues it should honor and reward. 6 In any country, administration of justice is one of the primary functions, which it seeks to promote.One of the ways through which this purpose could be achieved is to have a policing system, which is equipped with such adequate powers. Aristotle in his theory while discussing the concept of justice with regard to telos and honouring of virtues, stresses that you honour only those persons who help in achieving your purpose. 4 Prime Minister’s address to the Ann ual conference of DGPs / IGPs of States and UTs; October 6, 2005; New Delhi; retrieved from http://pmindia. nic. in/speech/content. asp? id=207 5 Prakash Singh and others v. Union of India and others, Writ Petition (civil) 310 of 1996. 6 Supra, note 1. As according to Aristotle only virtuous people are honored, to imbibe that virtue in the police force, it is necessary that they should have such powers where they can function efficiently and effectively thus, imparting goodness in the society. 6 Aristotle says that essential nature is attributed to the social institutions so that the purpose or the telos can be achieved. Here, the police being still governed under the 1861 act have not been given the required powers through which they can achieve the purpose of policing. The crux of the police reform is to secure professional independence for the police to unction truly and efficiently as an impartial agent of the law of the land and at the same time, to enable the government to ove rsee the police performance to ensure its conformity to law. The need of law enforcement is to maintain peace, enforce the laws of the land, protect the people from criminals, and to help ensure the safety of the citizens. The corruption in political system and political leaders has made the Indian police toothless; so far doing their duties is concerned. If the police have no powers, it cannot function to provide a safe and secure environment for its citizens.Coupled with undue political interference police functioning is plagued by the lack of policy directions and absence of any formal performance evaluation framework. The most glaring examples of illegitimate political interference affecting police work is evident in cases of communal riots and other disturbances. Public order is a critical necessity for progress. An unruly society would be a recipe for economic disaster. With the implementation of the police reforms the quality of life of the citizen, which is in great measure dependent upon the maintenance of public and police order will improve.Aristotle also states that â€Å"at his best man is the noblest of all animals, separated from law and justice he is the worst†. 7 Even after 6 years of the judgment have elapsed, no effective steps have been taken by a majority of states to incorporate the directives issued by the Supreme Court. None of the directions to professionalize the police force, to prevent arbitrary transfer of officers and introduction of transparency in the system have been implemented. The criminalization of Indian politics has eroded the authority of the police leadership and consequently the discipline of the force.Aristotle’s way of reasoning from the purpose of a good to the proper allocation of the good is an instance of teleological reasoning. Aristotle claims that in order to determine the just distribution of a good, we have to inquire into the telos, or purpose, of the good being distributed. The distribution o f good that Aristotle talks about, in my case is equivalent to the distribution of powers in a democratic society. If we look into the purpose of power being distributed it should be in the hands of those who would best utilise the power and help in the achievement of a purpose, which is the administration of justice. And 7 Supra, note 3. 7 since police is a medium achieving the justice, they should be given proper powers in order to achieve the telos. Aristotle had said, â€Å"It is in justice that ordering of society is centered. The justice system in many ways is the bedrock of a democratic society since it upholds the rule of law, which is the fundamental feature of a true democracy. Our laws have to be sensitive to the changes in social structure and social philosophy, a reflection of contemporary social consciousness and a mirror of our values as a civilization. Thus, non-accessibility of justice results in the erosion of rule of law as well as police credibility†. For Aristotle, justice means giving people what they deserve, giving each person his or her due. It involves two factors: â€Å"things, and the persons to whom things are assigned†. 9 As far as the implementation of the judgment is concerned, the court stressed the need for a buffer body between the police and the politicians, which will accord functional autonomy to the police even as they are supervised by the political executive. As a result the relationship between the police and politician will loose its present character of unfettered discretion and illegitimate interference.The non-seriousness in the approach of the state governments in abiding with the directives issued by the Supreme Court, destroy the very basis of a judicial mechanism. The purpose of the judgment was to provide a professional and a wellequipped police system, which can efficiently manage the democratic society. The lack of political will in implementing this reform is symptomatic of a larger malice in the system, whereby the politician is reluctant to let go off his control over the police and law enforcement agencies.The alacrity with which thousands of northeast Indians fled Maharashtra and Karnataka recently has once again underscored the complete lack of the faith of the common man in the law and order machinery. It is yet another reminder that more than anything else a multi cultural and multi ethnic society like India needs an a political, professional police force and an efficient judicial system that will serve the rule of law without fear or favour. It is absence of such a vital mechanism that is at the heart of the unchecked crimes, poor conviction rate and the general lack of faith in the law and order system that we see in India today.The police force is highly politicised and corrupt and more than anything else, it is the absence of strict enforcement of law and swift justice that is at the heart of the breakdown that we face today. Aristotle’s concept of a go od civil society where he talks about the law of the polis inculcating good habits and thus forming a good character sets us on the way to civic virtue. This virtue can be achieved with the implementation of the police reforms in the society. 8 9 Supra, note 3. Supra, note 1. 7 8 The quality of the justice system in the country, to a larger extent depends upon the working of a police force.Thus, having regard to larger public interest, it is absolutely necessary to issue the requisite directions. 8 Bibliography 9 ? Aristotle, Nicomachean ethics. Indianapolis: Bobbs-Merrill, 1962 ? Who deserves what? , from Michael Sandel’s Theory of Justice ? Morris, T. , (1998), If Aristotle ran General Motors: the new soul of business. New York: Henry Holt and Company, LLC. ? Richard Kraut, Aristotle: political philosophy, Oxford University press, 2002 ? Aristotle (384-322 BC): The Polis. Hammondsworth, 1991, Penguin 9

“Ocean Carriers” Case Essay

Assume that Ocean Carriers uses a 9% discount rate. 1) Do you expect daily spot hire rates to increase or decrease next year? (5 points) 2) What factors drive daily hire rates? (5 points) 3) How would you characterize the long-term prospects of the capesize dry bulk industry? (10 points) 4) Should Ms Linn purchase the $39M capsize? Make 2 different assumptions. First, assume that Ocean Carriers is a US firm subject to 35% taxation. Second, assume that Ocean Carriers is located in Hong Kong, where owners of Hong Kong ships are not required to pay any tax on profits made overseas and are also exempted from paying any tax on profit made on cargo uplifted from Hong Kong. (75 points) 5) What do you think of the company’s policy of not operating ships over 15 years old? (5 points) Solutions: 1) Daily spot hire rates should be determined by supply and demand. Supply: The number of ships available equaled the number of vessels in service the previous year plus any new ships delivered minus any scrappings and sinkings. Demand: The demand for dry bulk capesizes was determined by the world economy, especially its basic industries. As shown in Exhibit 5, since over 85% of the cargo carried by capesizes was iron ore and coal, the amount of iron ore vessel shipments approximately reflects the demand for dry bulk capesizes. The amount of fleet size reflects the supply of capesizes. As shown in Exhibit 3, the number of new ships delivered in 2001 is 63. Since there had been very few scrappings in recent years, and most of the capacity of the worldwide fleet of capesizes was fairly young, we can assume that the change of fleet size during 2001 mainly comes from these new ships.  Similarly, we can expect the fleet size in 2002 will be: 612+(612-552)*(33/63) ≈ 643 From Exhibit 6, according to the forecast of the consulting group, iron ore vessel shipments will be 445 millions of tons in 2002. We can compute the growth rates of supply and demand in 2002. We can see from the table above that the supply will grow faster than the demand, so I expect daily spot hire rate to decrease next year. This can also be explained according to the Linn’s analysis. With Australian production in iron ore expected to be strong and Indian iron ore exports expected to take off in the next few years, Linn took an optimistic view of the long-term market demand for capesizes. However, she also considered that imports of iron ore and coal would probably remain stagnant over the next two years while supply increases. We can reasonably anticipate that spot rates would fall in 2001 and 2002. 2) As mentioned in 1), daily spot hire rates are determined by supply and demand. Demand: As illustrated in the case, the demand for dry bulk capesizes was determined by the world economy, especially its basic industries. Over 85% of the cargo carried by capesizes was iron ore and coal. Production and demand for these products increased in a strong economy. Changes in trade patterns also affected the demand for capesizes. Supply: The number of ships available equaled the number of vessels in service the previous year plus any new ships delivered minus any scrappings and sinkings. Ocean carriers decided to deliver new ships or scrap old ships mainly based on the demand. Supply was also affected by the increases in size and efficiency the newer ships offered. Moreover, ages of ships affected the company’s scrap decisions and older ships receiver lower daily hire rates. In summary, the world economy, changes in trade patterns, the increases in size and efficiency of new ships (technology) and ages of  ships drive daily hire rates. 3) As illustrated in the case, with Australian production in iron ore expected to be strong and Indian iron ore exports expected to take off in the next few years, Linn took an optimistic view of the long-term market demand for capesizes. Linn expected that Australian and Indian ore exports would begin in 2003, and that new supplies would significantly increase trading volumes. Demand for capesizes would likely increase with these higher trading volumes, possibly boosting prices. From the table above, we can find that worldwide iron ore vessel shipments and charter rates had been very strongly associated historically. Iron ore vessel shipments and daily hire rate changed in the same direction. Moreover, 3-yr charter rates changed much more than iron ore vessel shipments, while spot rates tended to fluctuate more widely than 3-yr charter rates. As mentioned above, Australian production in iron ore expected to be strong and Indian iron ore exports expected to take off in the next few years. I expect worldwide iron ore vessel shipments to increase stably in the long run, which would have a positive effect on daily hire rates. In terms of supply, the number of ships available equaled the number of vessels in service the previous year plus any new ships delivered minus any scrappings and sinkings. As shown in Exhibit 2, most of the capacity of the worldwide fleet of capesizes was fairly young, there would be very few scrappings in next years. As shown in Exhibit 3, numbers of new ships delivered experienced a downward trend, which means the supply would  increase more slowly in the long run. As a result, daily hire rates would be expected to rise in the long run. I take an optimistic view of the long-term prospects of the capesize dry bulk industry. 4) According to the information in the case, we can get the following table: Operating days: Initially, 8 days a year were scheduled for maintenance and repairs. The time allotted to maintenance and repairs increased to 12 days per year after five years of operation, and to 16 days a year for ships older than ten years. Daily operating costs: For a new ship coming on line in early 2003, operating costs were expected to initially average $4,000 per day, and to increase annually at a rate of 1% above inflation. The expected rate of inflation was 3%. Expenditures for special surveys: Capital expenditures anticipated in preparation for the special surveys would each be depreciated on a straight-line basis over a 5-year period. Depreciation: The ship would cost $39 million, and the value would be depreciated on a straight-line basis over 25 years. Moreover, the ship would cost $39 million, with 10% of the purchase price payable immediately and 10% due in a year’s time. The balance would be due on delivery. In addition, Linn expected to make a $500,000 initial investment in net working capital, which she anticipated would grow with inflation. Capital expenditures for special surveys would occur in 2007 and 2012. The company estimated the scrap value to be $5M at the end of the fifteenth year. We have to consider tax loss when the ship is sold since the ship has a book value of 15,600,000. Tax loss =(15,600,000-5,000,000)*35%=3,710,000. We can calculate total cash flows as follows: Assume that Ocean Carriers uses a 9% discount rate, NPV is negative. So Ms Linn should not purchase the $39M capsize. b) Assume Ocean Carriers is located in Hong Kong, we can calculate total cash flows as follows: Assume that Ocean Carriers uses a 9% discount rate, NPV is positive. So Ms Linn should purchase the $39M capsize. 5) I think it is a good policy to sell the vessel into the secondhand market, or â€Å"scrap† the vessel just before the third special survey. By carrying out this policy, the company could avoid heavy capital expenditures of the third, fourth and fifth surveys. At the same time, the company could benefit from the scrap value of $5M. In addition, the company could charge higher daily hire rates because vessels are comparatively younger. So I think the company’s policy of not operating ships over 15 years old is good.

African-American History Timeline 1965 to 1969

As the modern Civil Rights Movement of the 1960s moved ahead, African-Americans continued to fight for equal rights in American Society using Dr. Martin Luther King Jrs nonviolent strategies. At the same time, members of the Student Nonviolent Coordinating Committee (SNCC) were growing tired of Kings strategies. These young men were interested in a more militant brand of activism that would pick up steam after Kings assassination.   1965 Malcolm X is assassinated at the Audubon Ballroom in New York City. Months later, writer Alex Haley publishes The Autobiography of Malcolm X. During the month of March, several civil protests occurred throughout Alabama. On March 7, an estimated 600 civil rights activists held a march from Selma to Montgomery protesting the denial of African-American voting rights in the state. On March 21, Martin Luther King, Jr. spearheads a five-day, 54-mile march from Selma to Montgomery. The protest retraced the original marches and began with 3300 participants and grew to 25,000 marchers by the time it reached the Alabama capital four days later. Following this actions, President Lyndon Johnson proposes the Voting Rights Act to Congress, which would guarantee African-American voting throughout southern states. In August, the Act is signed into law.The Moynihan Report, also known as â€Å"The Negro Family: The Case for National Action,† is published and released by government officials.Th e Watts Riot occurs in the Watts section of Los Angeles. Thirty-four people are reportedly killed and one thousand are injured in a riot that lasted five days.Following the Watts Riots, Maulana Karenga establishes the Black Nationalist organization known as US in Los Angeles. 1966 Robert Weaver becomes the first African-American to hold a cabinet post when Lyndon Johnson appoints him to head the Department of Housing and Urban Development.Constance Baker Motley becomes the first African-American woman to become a Federal judge when she is appointed by Lyndon B. Johnson to the Federal bench in New York City. Motley set the stage for increased black representation in government.Stokley Carmichael becomes the chairperson of SNCC and immediately changes its focus to the idea of black power, a definite break from historical civil rights tactics.The Black Panther Party is founded in California by Bobby Seale and Huey P. Newton.King delivers his first speech concerning the Vietnam War.Race riots take place in Lansing, Mich., and Cleveland.Karenga establishes  Kwanzaa, an African-American holiday to  give Blacks an alternative to the existing holiday and give Blacks an opportunity to celebrate themselves and their history, rather than simply imitate the practice o f the dominate society.Edward Brooke becomes the first African-American to be elected by popular vote to the U.S. Senate. Brooke serves the state of Massachusetts.   1967 H. Rap Brown becomes chairperson of SNCC.The U.S. Supreme Court rules that states cannot ban interracial marriage in the Loving v. Virginia  case.A riot breaks out in Newark on July 12. For the next six days, an estimated 23 people are killed, 725 injured and 1500 are arrested.Also in July, the Detroit Race Riot begins. The riot lasts for five days with 43 people killed, almost 1200 injured and more than 7000 arrested.Thurgood Marshall becomes the first African-American to serve on the U.S. Supreme Court.Carl Stokes becomes the first African-American to be elected in Cleveland. Richard G. Hatcher becomes the first African-American mayor Gary, Ind.Renee Powell joins the Ladies Professional Golf Association Tour, becoming the first African-American woman to participate in this capacity.Albert William Johnson opens an Oldsmobile dealership in an African-American neighborhood in Chicago. He is the first African-American to be awarded a dealership from a major automobile company. 1968 Three students at South Carolina State College in Orangeburg are murdered by police officers as part of the Orangeburg Massacre.King is murdered in Memphis. Riots ensue in 125 cities throughout the United States. Within seven days of King’s assassination, an estimated 46 people are killed and 35,000 are injured.The Civil Rights Act of 1968 is established by Congress, banning discrimination in housing sales and rentals.A five day sit-in takes place on the campus of Howard University with students holding rallies and protests in opposition to its ROTC program, the Vietnam War and demanding an African-American studies program.Motown has five songs on the Top 10 records on the Billboard Magazine chart. The record company holds the 1, 2, and 3 positions on the charts for a month.The Afro hairstyle becomes popularized throughout the United States.Shirley Chisolm  is the first African-American woman elected to the U.S. House of Representatives.The Poor People’s Campaign galv anizes 50,000 demonstrators to Washington D.C.After winning first and third place respectively at the Olympics in Mexico City, Tommy Smith and John Carlos raise clenched fists in solidarity with other African-Americans. As a result, both are suspended.Arthur Ashe is the first African-American to win the Men’s Singles at the U.S. Open.The first Black Studies program is established at San Francisco State University. 1969 Morgan State University, Howard University and Yale University are given one million dollars by the Ford Foundation to help faculty teach African-American studies courses. Harvard University begins offering courses through an African-American studies program.Photographer Moneta Sleet, Jr. becomes the first African-American to win a Pulitzer Prize in Photography.Howard N. Lee becomes the first African-American may of Chapel Hill, NC. He is also the first African-American mayor of a southern city that is predominately white.Black Panther leaders Mark Clarke and Fred Hampton are killed in Chicago by police officers.Guitarist Jimi Hendrix headlines the Woodstock Music Festival in upstate New York.Fourteen African-American athletes are kicked off the University of Wyoming football team for wearing black armbands.Duke Ellington is awarded the Presidential Medal of Honor by Richard B. Nixon.The Temptations â€Å"I Can’t Get Next To You,† reaches No. 1 on the Pop Charts.