LAW

SOURCES OF LAW

Definition of Law:
A system of rules which a particular country or community recognizes as
regulating the actions of its members and which it may enforce by the imposition
of penalties.
All its customs, practices and rules of conduct are binding by the community and is
enforced through a controlling authority.

Categorizing the Law

TYPES OF LAW

Criminal Law Civil Law

Offenses against the state Disputes between private individuals
Prosecutor (in the name of the crown) represents A claimant sues a defendant
the state Examples: contracts, property law, motor vehicle
Examples : murder, theft, drunk driving accidents etc.

NB: R signifies Rex (King) or Regina (Queen)

Functions of Law

To
legitimize

resolve order
conflict society

dispense Functions
justice of Law
allocate
power

change society and

individuals to prevent
moral decay and control
misbehaviour via individuals
common law

 To legitimize [establish the recognition of the law as a supreme law for all].
 To allocate power over public functions, to impose authority, to perform a
public function e.g. police, customs etc.
 To order society by having control over the conduct of affairs (e.g.
industrial relations act that sets procedures for strikes, collective bargaining
etc.)
 To control individuals to maintain peace and order in society and protection
from infringement of rights.
 To resolve conflict by creating courts to enforce laws and resolve conflicts.
 To dispense justice e.g. legislation to protect society from exploitation and
abuse of capitalism e.g. maternity protection act 1998.
 To change society and individuals to prevent moral decay and misbehaviour
via common law [e.g. cyber bullying – Cyber Crime Bill ; defamation of
character ; sharing of intimate photos without consent (distributor is
breeching confidentiality of claimant and action was malicious hence is
guilty ]
Sources of Law

NB: Different sources are not independent of each other

Constitution

Legislation
Customs

Sources
of Law

International Common
Treaties Law

1. Constitution

 The supreme law of a country in the Commonwealth Caribbean.

 Any law that conflicts with this is VOID and is considered
inconsistent.
 Protects the fundamental rights of a country's citizen. Identifies the
rights and freedoms held by citizens [Bill of Rights].
 It legitimizes the state through the existence of an independent body
of law that regulates the state.
 Has 3 types of rules:
  The structure of the government thought election or
appointment (lower and upper house),
 Power given to Parliament to make laws and amend to
constitution.
 The procedure to follow to enact the law.
 Establish a Supreme Court.
 Identifies the persons who have the authority to appoint judges.
 Prescribes the qualifications for such appointments.
 Addresses issues like remuneration for judges and procedures to follow
to remove a judge from office.
 Deals with the President/Governor General, including the powers of
this highest institution in a country.

Functions:
 Defines citizens' rights and the shape of the legal and political system.
 Defines procedures for the government: foundation of judicial views;
states basic human rights.
 Define the territory of the State; creation and establishment of state
institutions and the distribution of functions of the State.
 Grants authorities to make laws via an independent body that has been
legitimized to the State.

Form & Structure of Constitution

 A preamble
 Chapters on citizenship
 Bill of Rights chapter
 Definition of the powers of Head of State and Parliament chapter
  Definition of the powers and establishment of Executives and Judicatures
(including their roles and functions of the Public Service and Judicial
Commissions) chapter.
 Finance chapter
 Statuary formula to give Parliament the power to make laws for peace, order
and good government chapter.

2. Legislation

 Also called Codification.

 Based on Civil Law tradition.
 Is a deliberate law making function.
 Is a body of laws (in the form of ACTS) enacted by Parliament to
create, repeal and abolish laws (has the authority from the
Constitution.).
 Is the most important source of law.
 Has its own legal source.

Making Legislation
Steps:
 Introduces "GREEN PAPER" [has ideas about a particular subject
published by Government] to public for discussion and invites
comments before government takes a decision.

 Government sets out the proposal for legislation using "WHITE

PAPER" [sharing government policy in the form of legislation.
  The WHITE PAPER is then drafted to a BILL [document containing
the various provisions on which the members of Parliament are asked
to vote and bring to law. Has Explanatory notes, setting out rationale
for its various provisions]

The Role of Parliament

1. Draft legislation and present BILL to house for debate.
2. BILL must achieve majority votes to be forwarded to Head of State for
Assent , becoming law.

Functions of Legislation
 Revises previous law and common law that may not reflect the demand
of modern society.
 Consolidation [ different laws for a particular topic]
 Codification [ turning case laws into statute.

Subordinate Legislation
 Also called delegated legislation.
 Regulation which is make from the Head of State with a view to effecting
the purposes of the main Act.
 Presentation of Act via main principles (numbered) then detailed
information (schedules) at the end of the Act. This helps to allow the
debate to occur hence saves time.

Functions of Delegated Legislation

 Speed and Efficiency
 Technical and Special Knowledge
  Flexibility
 Bulk (too much information to place before Parliament).

NB: Scheduling the time to debate the Act may take some time.

3. Common Law

 Is a body of rules developed over time by judges of resolving disputes

between private individuals and or public authorities.
 Also called judge-made law.
 Developed in a case by case basis.
 Depends on efficient system of recording cases and judge's reports.
 Applies when there are no previous cases to refer to.
 Declares and creates the law.
 Stabilize the application of the law.
 Uses equity in its development.

Examples:

1. Collection of Revenue
2. Implementation of treaties
3. Public Policy
4. Response to pressure groups

4. International Law: Treaties

 Body of legal rules which applies to State in their international

relations. [Diplomatic Immunity]
 Sources of International Law: treaties; custom.
 Examples:
1. International Covenant on Civil and Political Rights(ICCPR).
Human rights
2. American Declaration of the Right and Duties of Man.
3. Convention on the Eliminations of all forms of Decimations
Equality
Against Women. principle

NB: International custom is not necessary part of a country's law.

HIERARCHY OF COURTS
Law is enforced by Courts, Tribunals established under the Constitution of a
specific legislation.

5 judges only

<= 13 judges (include President) only

<= 9 judges (include Chief Justice) only

Limited Jurisdiction courts:
1. Industrial Court: only to hear and determine industrial disputes between
employee employer and their trade union [ for collective agreements or
disciplinary actions].
2. Rent Tribunal: only to hear and deal between landlord and tenant.
3. Public Service Discipline Tribunal: examine and determine facts related to
disciplinary charges against public servants.

Hierarchy of Courts (Unlimited Jurisdiction):

5. Magistrate Court : criminal offenses, preliminary enquiries, limited family
matters ( custody, access, domestic violence).
 Hears and determines matters by a single person (Magistrate)
 Follows rules of natural justice (ACTS)

4. High Court: the superior court of Record

 Its records are preserved for reference and legal guidance.
 Gets authority from the Constitution
 Guardian of the Constitution
 Jury makes the decision of facts; judge decides about the law.
 Different courts:
o Civil : contracts, judicial review
o Criminal: murder, trial by jury
o Family:

3. Court of Appeal: hears cases from High and Magistrate's Courts.

 When cases are not satisfactory from previous 2 courts.
 Magistrate Court has too severe a sentence or error in law.
 High Court has issues of law and procedural appeals.
  Administered by Court of Appeal Judges …. No jury.

2. Caribbean Court of Justice (CCJ): applies international law rules

 Acts as the final court of appeal once it is recognized.
 Judges are appointed by Regional Judicial and Legal Service
Commission.
 Ensures independence of judges.

NB: Guyana, Barbados, Belize, Dominica uses CCJ as final Appeal Court.
Not Antigua/Barbuda , Grenada.

1. Privy Council: Court of FINAL appeal

 Appeals from various countries.

 Hears from Court of Appeal from Commonwealth Countries.
 Located in UK
 Limited to certain matters as directed by countries constitution.
 Limited jurisdiction.

The Privacy Council vs Caribbean Court of Justice

The Privy Council:

 Centre of judicial system in Commonwealth Caribbean

 Lies in English Judicial Committee of the Privy Council
 Generally the final court of Appeal
 Instituted under the Crown which exercise final appellate jurisdiction over
colonies.
 NB: Surrendering of Appeal after independence:

1947 – India

1984 – Malaysia

1986 – Australia

1994 – Singapore

1997 – Hong Kong

1998 – Gambia

 Its jurisdiction is maintained in the Caribbean (except for Guyana)

 Has limited jurisdiction and only functions as Court of Appeal
 Does not intervene in matters unless it has been proven that miscarriage of
injustice occurred.

The Caribbean Court of Justice (CCJ):

 Was proposed in 1970 to exist. Was designed with dual jurisdiction (

appellate and original).
 Can interpret the revised treaty of Chaguaramas and was sole arbitrator
between states.
 Serves as last resort of appeal for criminal and civil matters for member
nations only.
PRO:PC
1. Good record of accomplishment, quality judgements, reputation.
2. History (from 1833)
3. Impartial court and decision is based solely on law.
4. Judges have no ties with persons in that region. (unlike CCJ).
5. Free to litigate.
6.Human right oriented
7. Well-trained, knowledgeable, excellent judges.
8. Pays for judges salaries etc.
9. Foreign investors trust due to lack of corruption.
10. CCJ has not been properly debated to be considered as final court.

PRO: CCJ
1. Completing the cycle of Independence: Since it shows breaking of ties
from Monarchy.
2. Greater access to justice: take their matters to final court of appeal at a
reduced cost. (PC is expensive in terms of operating factors and travelling
expenses).
3. Judges has intellectual capacity: crafting judgements within reason,
producing brilliant minds.
4. Conducts proceedings with dignity and courtesy befitting the final
Appellate Court.
5. No bias, hostility or badgering of councils of the court.
6. Understand the Caribbean culture better that PC.
7. Allows Caribbean to develop its own jurisprudence and the confidence to
make own final decisions.
8.Judges will move across Caribbean and sit in different countries to hear
cases from those respective countries.

CON: P.C
1. Comprises of judges with superiority remnant of colonial times.
2. Wants to remove appeals from the Caribbean.
3. Only used for death penalty cases and commercial cases.

CON: CCJ
1. Become embroiled in political issues that may weaken its authority.
2. Require payment for countries
3.Might be contrary to democratic principles, calling on government to hold
referendum on abolition of appeals to the Judicial Committee of the PC so
the decision is legitimate.

THE DEATH PENALITY

The Universal Declaration of Human Rights:

 Right to life
 Not be tortured
 Not to be cruel
 Not to be inhuman
 Not to be treated with degradation

International Covenant on Civil and Political rights (ICCPR) guarantees

 The right to life
  Allows the use of death penalty in countries
 Prohibits and restricts on death penalty uses
 "nothing shall be invoked to delay or prevent abolition of capital
punishment by any State Party to the present Covenant." [Article6 (6)]

UN human Rights Committee

 thinks Article 6 and defines abolition as desirable
 all measures should be considered as progress in the enjoyment of
right of life.

American Convention on Human Rights

 Allows the imposition of death penalty in restricted circumstances

 Urges countries not to re-introduce death penalty.

History:

1. Presented to Caribbean by British on independent as model for all

colonies

2. Influenced by European Convention of Human Rights (1950) & Universal

Declaration on Human Rights (1948). [ Article 6 : International Covenant on
Civil and Political Rights (ICCPR)]

3. Influenced by Privy Council on the development of the common law on

human rights.

4. Influence of International Treaties by UN, OAS that if the law exist after
independence the Court will be in conflict with constitutional rights and
freedoms.
What are Human Fundamental Rights?

 To life, liberty, security and enjoyment of property.

 To not be deprived of the above except by due process.
 Protection of the law and equality before the law.
 To respect private family life
 Equal treatment from any public authority in the exercises of any
functions.
 To join political parties and express political views.
 To provide school/education of children.
 Freedom of movement.
 Freedom of conscience and religious belief and observances.
 Freedom of thought and expression.
 Freedom of association and assembly.
 Freedom of Press.

Latin Phrases to know:

lex talionis : life for a life
stare decisis : idea of decisions by higher courts should be followed by lower
courts
mens rea: mental state of offender
actus reus : physical state of offender
opinion juris: an opinion of law or necessity
magnum opus : a great work and especially the greatest achievement of an artist
or write
res ispa loquitor: the principle that the mere occurrence of some types of accident
is sufficient to imply negligence.

de jure: practices that are legally recognized

de facto: practices that exist in reality regardless if officially legally recognized
custos: senor vestryman

Countries & Death Penalty

REGIONS COUNTRY COUNTRY (retain death

(complete penalty)
abolishment)
Europe Kazakhstan Belarus
ALL Russia
Asia Cambodia Singapore
Philippines China
Malaysia Iran
Saudi Arabia
India

Africa Sierra Leone Algeria

Central African Cameroon
Republic Eritrea
Zambia Eswatini
Equatorial Guinea Ghana
Chad Kenya
Gambia Liberia
Mali
Nigeria
Botswana
Zimbabwe
 Somalia
Uganda
Democratic Republic of the
Congo
Ethiopia
South Sudan
Sudan
Egypt
Libya
Americas Bolivia Cuba
Chile (civil crimes) Suriname
El Salvador (civil) USA
Peru (civil) Brazil
Dominican Republic English speaking countries:
Haiti Antigua & Barbuda
Guatemala (civil) Bahamas
Barbados
Belize
Guyana
Grenada (abolitionist in
practice)
Jamaica
St. Lucia
St. Kitts & Nevis
St. Vincent & the
grenadines
 Trinidad & Tobago.

1945 – 8 countries remove capital punishment

2007, 2008, 2009 – UN General Assembly passed resolutions to abolish

2009 – Barbados abolished to comply with two inter-American court of Human

Rights

2011 – AG and minister of Home affairs announced finalization of legislative

2012- 140 countries abolished

Arguments

PRO CON
High murder rate – punishment Alternative methods ( rehabilitation) [
/deterrent Lord Denning]
Bible : lex talionis { life for a Bible : { turn the other cheek} [new
life}"Whoever kill a man shall be put testament]
to death" [old testament]
Human Rights of 1948 does not Irreversible Error : poor judicial
mention ban of penalty. defense
International Covenant on Civil and Morality : barbaric, conflict with
Political Rights (ICCPR) – advises to human rights : Amnesty International [
adhere to preconditions before 2015 Ban Ki Moon – UN Secretary
executions General]
Main Cases:

YEAR PEOPLE ISSUE

1 1993 Pratt and Morgan v. AG Jamaica PC claim : More than 5 yrs
awaiting death is
INHUMANE and reconsider
life imprisonment instead
2 2000 Neville Lewis et al. v. AG Jamaica PC treat the 5 yr issue as a
rule.
3 2002 Reyes v. R 301 R v Hughes 302 & R PC struck down mandatory
v. Fox death sentence [ Belize, St.
Lucia, St. Kitts-Nevis] :
judges were not allowed to
treat murder convicts as ppl to
be sentenced
4 1992 Lambert Watson v. R Jamaica Parliament amended
death penalty in 1992 but was
not saved
5 2000 Charles Matthew v. state (T&T) and PC save mandatory death
2002 Boyce and Joseph v. R (Barbados) sentence ( since existed before
independence with no
amendments)
6 2004 Daniel Dick Trimmingham v. R (St. PC state to keep death for
Vincent & Grenadines) "worse of the worse" [ brutal
cases]
7 2008 (Jamaica) Parliament voted to retain
capital punishment
 GOVERNANCE
EVOLUTION OF WEST INDIAN GOVERNMENT

Old Representative
System (ORS)

Crown Colony
Government

Crown Monarchy

Republic

1. Colonial Era:

 were colonies under European powers, such as Britain, France, Spain,

and the Netherlands.
 authoritarian rule, with power concentrated in the hands of the
colonial governors and administrators.
 The local populations had limited political representation and were
often subject to exploitative economic systems, such as plantation
slavery. [Kwame Nkrumah]
 3 patterns merged:
o Settled colonies
o Taken in 7 year war (1756 – 1763)
o Conquered in late 18th and early 19th century
 Crown (Secretray of
State for Colonial affairs

Colonial governors

Nominated Council

Bicameral Legislature
(House of Assembly)

Model 1: Old Representative System (ORS)

Crown (Secretray of
State for Colonial affairs
Direct
Colonial governors British rule

Bicameral Legislative
Councils (nominated)

Model 2: Crown Colony Government (CCG)

1763 – 1814 Dominica, Grenada, St. Vincent & Grenadines, Tobago and
St. Lucia became British Empire.

 Trinidad became part of British empire from Spain 1797

 Grenada & Grenadines captured during 7-yr war and
became part of France & Britain 1783
 Trinidad ceded to Britain by Treaty of Amiens 1802
 Tobago during Napoleonic wars 1803 [French & British]
  St. Lucia was captured from French by 1803
 Dominica during Napoleonic wars 1805 [French & British]
 St. Lucia during Napoleonic wars by Treaty of Paris 1814

1814 – 1865 British colonies where governor ruled on crown behalf and
elected representative was suppressed.

1865 − End of Old Representative Assemblies in Jamaica [Morant Bay

Rebellion]

 Racial and religious overtones

 George William Gordon & Paul Bogle against custos (senor
vestryman) Baron Maximillian von Ketelholdt, Rev S.H.
Cooke , Edward John Frye (governor)
 Eyre ordered execution of 500 peasants, 600 flogged ad 1000
houses burnt by Maroon and troops
 Jamaica Assembly abolish itself making room for Crown
Colony Government.{did not want to share power --- economic
reasons}

1884 − Jamaica restored elected representative. [ New Representative

system]

1921 −1922 Major E.F.L. Woods (Parliamentary Under Secretary of

State of Colonies) toured British West Indies

 Recommend to introduce elected representation in legislatures

on a minority basis
 Position should be reversed gradually to allow elected
representation
1924 – New Representative System was copied to other territories

1930's Social uprising in British West Indies

1938 – 1939 Moyne Commission visited to investigate and report events.

 Introduce universal adult suffrage (right to vote)

 Increase elected membership of legislatures
 Introduce elected members into Executive council
 Assign greater responsibility to Council

1947 – Conference to discuss West Indian Federation @ Montego Bay

by Arthur Creech-Jones [Secretary of State for Colonies]

 Standing closer association committee was formed

 Recommends whether federation was a desired policy

1953 – Standing Closer Association Committee recommend a federation

with weak centre and strong individual

1956 – British Caribbean Federation Act was passed

1957− Constitution came into effect

1958− Federal elections were held

1961− British Government convened at Lancaster House in London

 Independence of Antigua & Barbuda, Barbados, Dominica,

Grenada, Jamaica, Montserrat, St. Kitts-Nevis-Anguilla, St.
Lucia. St. incent& Grenadines, Trinidad & Tobago.

NB: Opposition Jamaica Party (J.L.P) opposed Jamaica to become

independent federation and wanted its own independence.
 Norman Manley agreed to referendum

Resulted in narrow victory for secessions

Jamaica proceeded to its own independence

1962− Trinidad & Tobago announced its withdrawal from Federation

 [due to failed negotiations]

1962− Federation was terminated April

 Jamaica (6th August) became independent

 Trinidad & Tobago (31st August) became independent

1966− Barbados became independent

 [British Government tried to pursue policy to make remaining 8

colonies to be a mini federation.

1967− British Government introduce Associated Statehood for six out

of 7 colonies from former Federation.

 Montserrat return to direct colonial rule

 Retain internal self-government [but Britain control citizenship,
defense and external affairs]
 They could opt for independence

1974− Grenada became independent

1978− Dominica became independent

1979− St. Lucia became independent ; St. Vincent & Grenadines

1981− Antigua & Barbuda became independent

1983− St. Kitts-Nevis became independent

NOTE: Countries not a part of Federations:

1966− Guyana (Guiana) became independent

1973− Bahamas became independent

1981− Belize (British Honduras) became independent

 PARLIAMENTARY & PRESIDENTIAL SYSTEMS OF GOVERNMENT

Parliamentary System Presidential System

EXECUTIVE EXECUTIVE
 Members of council can be  Members of council ARE NOT
members of legislature (executive members of legislature (executive is
is not separate from legislature) separate from legislature)
 LESS separation of powers  MORE separation of powers

 Is Accountable (loses power when  Is NOT accountable to legislature

there is loss of confidence) (cannot have no confidence)
 More democratic  Democratic

 One person is head of state while  One person is head of state AND head
another is head of government of government

 Tenure of executive is NOT fixed.  Fixed tenure

 Council of ministers is  is dismissed if impeached.
dismissed if loss of confidence.

 PM is most powerful:  President is most powerful

 Can appoint members of  Can appoint members OUTSIDE
parliament as ministers ONLY legislature as ministers.

 Less effective and successful  More successful in taking control (bold

during wars decisions)
 GOVERNMENT GOVERNMENT
 There are 2 heads:  There is ONLY 1 head
 President : nominal head ; head  President : real head ; head of state
of state & government
 Prime Minister : real head; head
of government
 Council of Ministers responsible  President and ministers ARE NOT
for legislature directly responsible to legislature
 Council of Ministers will lose  President CANNOT lose office due
office due to loss of confidence to loss of confidence unless
impeached.
 NO fixed tenure  Fixed tenure
 Government can be removed  Government cannot be removed
through no vote of confidence unless impeached
 NO strict separation of powers  Principle of separation of powers is
strict
 President and ministers ARE
NOT members of Congress
 PM not fully free to select ministers  President freely selects ministers

 Less political stability  More political stability

 Is responsible to Parliament  Is NOT responsible to Legislature

 More democratic  More democratic
 Respectful of public opinion
 THE WESTMINSTER-WHITEHALL MODEL IN THE
COMMONWEALTH CARIBBEAN.

Westminster model
Defined by S.A.
 Constitutional system de Smith. 1964.
"The New
 Head of state IS NOT the effective head of government [not the PM] Commonwealth
and its
Five basic Tenets: Constitutions".

1. Bill of Rights in the Constitution

 declares the protection of the fundamental of human rights and freedom
of citizens
 citizens can challenge the State on grounds of rights (if it is being
infringed)
 Courts can overturn legislation by State that are considered
unconstitutional
2. Unique Bicameral System
 12 independent countries in Caribbean Commonwealth in which 8
have bicameral systems
 4 unicameral ones cannot be compared to Westminster model in UK.
 8 bicameral ones are different from UK: Caribbean senators do not
enjoy security of tenure ; Senators must vacate office at the next
dissolution of Parliament.
 54 Commonwealth countries: 18 are bicameral in which 8 are in
Caribbean
3. More rigid separation of powers
  Overlap between majority in elected house and he formation of
executive branch of government
 House of Lords (UK) is both legislative and judicial body
 Lord Chancellor is Cabinet Minister, officer of House of Lords and
Head of the Judiciary
 AG in cabinet, President of Senate to preside over Upper house, Chief
Justice as head of Judiciary
4. Codification of Westminster constitutional conventions
 UK constitutional conventions are written into Commonwealth
Caribbean countries
 Create rigidity (e.g. motion of no confidence against PM Erskine
Sandiford Barbados 1994)
 Forces choice of interpretation (e.g. power of dissolution in St. Lucia,
St. Vincent & Grenadines and Belize)
5. Entrenchment of constitutional provisions
 Not in UK constitution hence nothing to entrench
 Has entrenched provisions to protect from easy amendment
 Three main types of Entrenchment procedures
 Amend Constitution by special majority
 Time delay procedures for Bill seeking
 Post-Parliamentary referenda for Bills
 Upper house (approves laws)
Bicameral
Type (unicameral in some
circumstances)
Lower house (represents the people)

Monarch (sometimes represented by a vice-

Head of state regal representative, such as a governor or governor-
general) or ceremonial president.

Prime minister (sovereign state/country)

Leadership
Premier/chief minister (provinces, states, territories)
Head of government
Other titles include first minister, chief executive, president
of the council of ministers.

Presiding officers of Speaker of the upper house

legislative chambers Speaker of the lower house

Led by the prime minister.

A cabinet is formed (normally) from members of the largest
party or coalition in the legislature, chosen by the head of
government.
In parliaments without political parties, cabinet members are
Government
either chosen by the prime minister or elected by members
at large.
It is also responsible to the parliament, to which it reports
and is accountable (in particular, to the lower house, if
General bicameral).

Led by the leader of the opposition. A shadow cabinet is

formed out of the elected members of the largest party or
Opposition
coalition in the legislature not in government, chosen by the
party leader (the leader of the opposition).
Politically independent and available to the people of the
Public service state, that will work for various government organisations
(health, housing, education, defence).
Armed forces Defensive organisation of the state/country.
Whitehall Model

 System of government established in the Commonwealth Caribbean (after

independence from territories.
 Name given (coined) by Leslie Wolf-Phillips ("Parliamentary Affairs"
1984) and was further researched by Hamid Ghany in his doctorate thesis.
 POLITICAL BEHAVIOUR: POLITICAL CULTURE & SOCIALISM

Political Behaviour:

 Subset of human behaviours that involve use of power

Definitions:

 POLITICS: A process to determine how power and resources are distributed

in society with violence
 BEHAVIOUR: Action
 MASS PUBLIC : public at large(recipients of policies)
 POLITICAL ELITE: elected/appointed official (Mayors to Supreme Court
Justices); media outlets; political parties; interest groups
 MASS POLITICAL BEHAVIOUR: the actions of regular citizens in the
process of peacefully determining how power and resources are distributed
in society
o Voting
o Voicing opinion
o Participate in campaigning
o Protesting with a cause
o Political party activities
o Interest group activities
Political Culture:
 Distinguishing values, attitudes, habits and behaviour patterns that
characterize political community.
 Comprises of cognitive and evaluate orientations towards political
systems
  Aggregate attitudes of members of a society towards institutions of
rule and their operations.
 Functions as a frame that constrains acceptable political action and
discourse
 More enduring, stable and cross-generational
 Common perception of the rights and obligations of citizenship and
rules for participating in political process.

NB: Political culture (a broader opinion) is NOT political opinion

Dimensions of Political Culture

1. Attitudes and values in general

2. Attitudes to Political Identity:

 Way people define themselves:
 Caribbean people identify according to country
 Attachment to national identity
 Strong attachment to national identity
 The return of individuals after migration
 Basis of attachment
 Pride of country (like USA: American dream;
T&T: Sport achievements ; Barbados:
Environment)

3. Attitudes to Leadership : ability to move others into action, agree

willingly.

 Deferential relationship: leader expects/demands that follower

will go along with whatever is said/told
 Deferential
Relationship

Charaismatic Paternalist Managerialist

Leadership Leadership Leadership

 Leader considers  Father figure  Considered the boss

as savior (pater)  Set upon a pedestal by
 Has a special gift  Must be followers
(speaking) obeyed/listened  Followers must listen to
 Majority follows  Expect total him/her
them obedience &  Leader is wisest of all, more
 Eloquent, respect experienced, better
physical bearing informed
 Anyone who oppose will be
dealt with

4. Attitudes to political and national institutions:

 Gabriel Almond and Sidney Verba (wrote the CIVIL
CULTURE )posed three basic models
 Awareness of government,
 expectation of government &
 political participation.
 Political Culture

Parochial Subject Participatory

Do not expect anything Expect the government to do Expect government and people
positive from government positive things without public to have positive impact
input
 Low awareness  High cognitive
 Low expectation  High cognitive  Positive expectation of
of government  Positive expectation government
 Low participation of government  High participation (esp
 E.g. Mexico  Low participation during voting season)
  E.g. Italy, Germany  Central to principles of
democratic society
 E.g. USA, UK

NB: there can be hybrid cultures (mixed) since cultures rarely conform to
ideal types

Political Systems for mixed cultures:

 Weak congruence (apathy)
 Incongruences (alienization)
 High congruency (allegiance)
Changes in Political Behaviour and Political Culture

The important development:

1. Rapid Rise in the level of Education

2. Access to information
3. Population Movement
4. Rapid Urbanization
5. Opportunity Structure

Political Socialization

 The learning of political values and factual assumption about politics

 People understand accept and usually approve and support existing political
system

Agents of political Socialization

 Direct and indirect

 People who set the process of political socialization

Agents of
Socialization

Primary Secondary

 Family (1st)  Media (4th) : TV,

 Schools (2nd) movies, internet
 Peers (3rd) :  Others : state,
influences religion, political
 Coworkers events, professional
associates.
Socio-Demographic Influence

 Geographical
 Region
 Rae
 Social Class
 Gender
 Age

HINTS FOR MULTIPLE CHOICE QUESTIONS (SEM 3 2023)

1. What year did the ORS began?

2. What year did the ORS end in the Caribbean?
3. What is Major Wood did when he visited the Caribbean?
4. What did the Moyne Commission do when they visited the Caribbean?
5. What year was the end of British Federation in Caribbean?
6. Who coined "Whitehall" name?
7. What year did Jamaican Parliament voted to retain capital punishment?
8. What is was the name of book written by Gabriel Almond and Sidney
Verba?
9. Which two countries has the death penalty mandatory for murders?
10. What is the political system for a mixed culture?
11. What factors change the political behaviour and culture in a country?
12. What are some examples of mass political behaviour in its country?
13. What are the five basic tenets of the Westminster Model?
14. What is included in the Bill of Rights in the Constitution?
15. What are the four dimensions of political culture?
 ECONOMY
CARIBBEAN ECONOMIC THOUGHT
Economics:
Branches of Economics

Economics
1. the academic subject with primary objective to examine problems and decisions of
economic agents from society point of view.
2. is necessary for
- society ot function in country
- politcians to plan budgets, tax strucutres, environmental issues.

Microeconomics Macroeconomics
(consumer oriented) (government oriented)
1. the decision making by individulas economic 1. focuses on the entire view of economy
agents
2. concerned with aggregates (consumption,
2. seeks to understand consumer needs (satisfaction) investment, government expenditure, savings,
3. implementation of satisfying consumers whilse self taxation, imports/exports)
serving (maximize profits)
3. explains the cause and effects of aggregate
GOALS: fluctuations
- efficiency [to provide a highest possible standard of GOALS:
living]
- equity [to reduce gaps between rich and poor] - high employment [to reduce socioeconomic woes;
labour drives country's economy]
- freedom of choice [widest range of choices made
available]. -price-level stability [to increase certainty in salaries
in order to buy now or invest for futre returns]
-economic growth [due to increase population and
expected salary increases]
FUNCTIONS:
 Monetary Policy : issuing national currency
 Fiscal Policy: raise funds (tax) to provide
security, infrastructure, education
 Exchange Rate: movement of money
 Trade Policy: orderly arrangement for
trading goods, services
Economic History: Plantation Economy Model (PEM)
Plantation Economy & Dependency (1968-1979)
1968 – Lloyd Best represent the thesis of Dependency and Underdevelopment
1972 – George Beckford represent the thesis of Dependency and
Underdevelopment emphasizing on
 Institutional setting
 Mode of production
 Social relations
 Quote: "Underdevelopment derives from the institutional
environment- -the nature of economic, social and political
originations. Not surprising because it's through institutions that
human activity is organized"
 Key to understand plantation economy is to understand that it is an
extension of metropolitan capitalist economy: "internal and external
factors dominate the country's economic, social and political
structure and its relations with the rest of the world".

 Creations of plantation export sector:

 Quasi-proletariat (physical labourers):
 Quasi-peasantry (smallholders and agricultural labourers of low
social status ): viewed as a subsection within framework of
plantation [may rise in land competition and resources and
provision of wage work on plantations]
 Quasi-bourgeoisie (the middle class, typically with reference to its
perceived materialistic values or conventional attitudes)
  Plantation Model: utilizes a rigid system of Social Stratification:
 Europeans were owners/managers: organization is
authoritarian [workers and decision makers are separated
by social and cultural differences].
 Then culturally mixed for skilled personnel.
 then culturally different (black) were unskilled labourers.
 Race was used to control labour force (due the class-caste system)
hence uses different rules to accommodate between different groups [
giving rise to power structure in labour force].
 Plantation is isolated hence people cannot easily interact with outside
world [ making it a distinct community].
 Plantation is considered to be tied to capitalism (in a dependent
manner),blocking independent reproduction development [extended
overseas economy hence reinvestment of social structure: external
and internal linkages]

1975 – Best & Kari Levitt represent the reproduction of Dependency and
Disarticulation (using different historical epochs) emphasizing on
 Historical circumstances generated institutional and neocolonial trade
linkages, propelling stagnation.
 Plantation Model: is defined by domination of "hinterland" (an area
lying beyond what is visible or known) by corporations of countries of
capitalism. Types are:
 Hinterland of Conquest: Spain, Andena America, New Spain
 Hinterland of Settlement: Middle colonies of US
  Hinterland of Exploitation: Caribbean [ to produce staples for
metropole consumption and trade.]
 Quote: "The historical stages which underlie the models are to be
seen in the contemporary perspective of successive layers of
inherited structures and mechanism which condition the
possibilities of transformations of the present economy."
 They isolate institutional structures and constraints inherited from
plantation legacy, constructing diversification of the PEM
[differentiate between island and mainland]
 1945 Jamaica, Guyana, Suriname (bauxite) and Trinidad
& Tobago (petroleum)
 Was crafted first in the mercantilist epoch:
Confines PEM to
 Muscovado Bias
1. Terminal activity
 Navigation Provision
2. Advanced local
 Metroploitan Exchange Standard processing of staple export
 Imperial Preference products

 Old metropolitan ties are cut, maintaining export: result in quasi-

metropolitan relationship to export e.g. Cuba, Soviet Union

 Old metropolitan ties are cut, NOT maintaining export: closes the
metropole e.g. Haiti (having independence and cease export resulting
in stagnation)

 Metropolitan ties maintained and quasi-staple is developed:

 no new staple;
 cheap and local labour,
 remains in metropole interest passively
 e.g. Manufacturing, tourism,
 Puerto Rico, Barbados, Antigua
  Metropolitan ties maintained and reinforced by new staple:
 new staple if old is lost
 fresh cycle and production beginning but export to hinterland
remains traditional on new activity
 remains in metropole interest passively
 e.g. bauxite, petroleum
 Jamaica, Trinidad, Suriname, Guyana

1991− Norman Girvan emphasizes

 the reproduction of races and class structure leading
 leads to flawed independence notion.

NOTE: Key institutional features impose structural constraints limiting the

possible growth and development. It explains stagnation and are derived from
plantation legacy.

Contemporary Caribbean Politics and its effects on Caribbean Economies

ADVANTAGES DISADVANTAGES
Freedom Crime due to democratic system

Democracy Unemployment and underemployment

rates remain high
High human development
 Barbados Electoral turnout declines
 Bahamas
 Antigua & Barbuda
 St. Kitts & Nevis
 Trinidad & Tobago
 GLOBALIZATION AND FOREIGN DIRECT
INVESTMENTS

Globalization:
 A process in which geographic, economic and cultural boundaries are of
decreasing significance.
 Money markets open 24 hours daily (esp. with modern tech)
 Geography and time disappears in the movement of capital
 Decrease of boundaries for movement of capital, goods, services, people,
ideas, values and diseases, environment {global warming}
 Decrease the dynamics of economics, politics and culture
 Began with trade due to geographic distances.

Aspects of Globalization
1. Revolutionary technologies:
ADVANTAGES DISADVANTAGES
Easier Transportation Facilitate greater ease of transmission
 Jets of materialist consumer values
 trains

Communications
 cell phones
 cable TV
 internet (emails, shopping etc.)

2. Presence of new political influences: competition at the local, national level

and regional. Examples are:
  International governmental organizations (IGO):[constituted by
government]
 World Bank (WB)
 International Monetary Fund (IMF)
 World Trade Organization (WTO)
 International non-government organization (NGO): Examples
 World Council of Churches
 International Confederation Free Trade Unions
 Amnesty International [ issues on human rights]
 Transnational corporations: private firms not confined to one
nation. [there are 53 000 corporations with 700 000 branches
across the world] have economic power.

3. New policies: liberalization and neo-liberalism (dominant in 1980's)

 Requires states to implement two changes:
 remove national barriers to movement of capital
 reduce/remove barriers to competition within states
 Example: financial liberalization
 Government role is reduced in the operation of market, refrain
price regulating and sell assets
 Minimalist State (pressure from IGO: IMF. WB and WTO)

Globalization and Foreign Investment for the Caribbean

 Caribbean relies on Foreign Direct Investment (FDI) for economic
development
Foreign Direct Investment (FDI)
 Investment projects in which foreign investor maintains active interest
(establish subsidiary, part of a joint venture)
  Investor retain exclusive ownership of project. Can have control interest or a
minority share of project.
 Examples: Bauxite, Alumina in Jamaica ; Petroleum in Trinidad & Tobago ;
Tourism, Banking, Insurance and Telecommunications
ADVANTANGES DISADVANTAGES
 Greater Availability of Capital  Sovereignty Concerns
 Not accepted by all  Due to wealth, investor
economists may control the laws
 Suffers from capital governing it
shortage
 Aids in domestic  Displacement of Local
formation Enterprises
 Promote economic growth  Weakens local companies
and per capita income (need more profit and
marketability)
 Efficiency Gains and Innovation  Crowds out local
 Enhance domestic competition since foreign
efficiency due to tech have more profit and
transference demand.
 E.g. telecommunications  E.g. loan from local banks
can increase rates for
 Employment Possibilities locals & reduce locals
 Recruit local labourers from loans
 Overtime, more senior
positions were assigned to  The Employment Question
local labourforce  Employment is limited
 Prefers machines over
 Consumer Benefits traditional forms of
 Increase market size in organization
communities  Eg. Agriculture may not
 Increase competition and hire humans to harvest but
improve quality among machinery due it
domestic suppliers efficiency.
 Introduction of new items
that benefit local
consumers.  Primary Motives
 Applies legitimate means
 Taxation and Social Welfare to ensure return of
Activities investments.
  contribute to local  Investor seeks guarantees
scholarships, programmes for favours from host
for social work country.
 Prefers minimum impact
on issues of environment
protection, wages,
sensitivity to culture.

Primary Motives
The Critics
 Enough local money to generate economic growth (Jamaica)
 Local fear the foreign investors can be fickle
 Investors require incentives else will remove from the country.
Net Flow
 Investors ensure they have return of investment
 Local may suffer
Treatment by Government
 Investor require the best treatment to be encouraged.
 Three types: most favoured; national treatment; fair & equitable treatment.
Fair and Equitable Treatment
 Requires government to treat foreign investors in ways that respect their
economic and other interests.
 2014 International tribunal suggests standards of treatment.
 SOCIETY

SOCIETY & CULTURE BASIC CONCEPTS

 Provides us with sociological imagination (how society views things)(

Giddens 1982.
 An autonomous grouping of people who inhabit a common territory
(common culture, set of value, beliefs, customs etc.)and are linked through
routine interactions and interdependent statuses and roles. (Calhoun 1994)
 Dynamic system evolving historically and inevitably towards complex
industrial structures (Swingwood 1991)

Features of Society

1. Large
2. Common and distinct culture
3. Limited territory
4. Have identity and belongingness (oneness) (Henslin & Nelson 1995 ;
Giddens 1996 , Calhoun et al. 1994)
5. Common origin and historical experience (common destiny)
6. Common language (national heritage)
7. Is self-sustaining ( has institutions and arrangement's in system)

NOTE: Society is NOT an island but are interdependent (inter-societal relations):

 Socially
 Economically
 Politically
 Arawak lived on larger Caribbean islands and Bahamas:

 Farmers (cassava), hunters, fishermen,

craftsmen: pottery, baskets, cotton clothing,
Historical Development stone tools, jewelry
 friendly, peaceful
Indigenous inhabitant of Caribbean  little resistance to European aggression

Caribs lived on smaller islands

 skilled sea people and boat makers

 fierce and aggressive
 resistance European aggression

Arrival of Spaniards 1st Euro to arrive

Controlled region for over 300 yrs

Plundered natural wealth, destroyed inhabitants,

enslaved Amerindians (encomienda system)

European competition of power

Slavery and plantation  Lasted 300 yrs

 5 mil Africans were imported from West Africa for
sugar cane labour work
 Slavers were already captives in Africa (Rogozinski
1992)
 9/10 ppl were slaves in 1750 (Rogozinski 1992)
East Indian indenture ship

 Due to labour shortage aver emancipation

 Sugar plantation
 East Indian labourers were considered most suitable
(also had Chinese, Portuguese)
o Accustom to humid environment
o Docile workers hence easy to control
o Isolated from wider society unless
necessary
 Theories of Caribbean society

Theories

Plantation Plural Creole

 Dominant role in  Most influential image (Craig  Best attempt to acknowledge
economic, social, 1982 & Sankatsing 1992) changing nature { interaction
political, cultural (Susan  Different cultural sections among ethnic groups}
Craig 1982) maintaining their own value and  Emphasize on fusion of cultures
 One large & unfree vs institutions. (Euro & Afro) creating new
small and free  Interact in marketplace for culture: CREOLE
 A product of economic transactions  Def: Process of change and
metropolitan capital  Static and does not acknowledge adaptation: language, rituals,
and mono-crop changes in society. music, food, people.
cultivation for export.  Depend on race: internal  Involves acculturation (acquire
 Features: classification within (M.G. Smith): new patterns) and intercultural
 Mono-crop [marriage, family, religion] (mutual & symbiotic exchange of
cultivation  Whites traits)
 Marginalisation of  Blacks  When fusion occurs, the
peasantry  Brown (intermediate subordinate group changes
 Focus on large categories) producing new traits (in
producers  Smith indicates there are 2 types: combination of old ones:
 Dependency on homogenous (one set of values) syncretism) for acceptance
foreign investors and heterogeneous (basic  Is reinforces by white dominance
 Little control of institutions are not shared) and black subservience
prices on crops  Brathwaite (1960) says there is  Relationship is based on
 Prices are no homogenous society; plural is colour/class hierarchy
controlled by not always stable; defined as  Threatens groups trying to
international culture [universal-achievement{ preserve their culture and
market all groups aspire} vs heritage by excluding others
 Demand of foreign particularistic-ascriptive {values  Adaptation of survival to create
market at local common to specific group} new cultures
expanse products  Carl Stone (1973): difference is  Weakness: manly Euro-afro;
 Social stratification material basis (income & ignored by other groups.
(race, colour) resources); classes and not
cultural sections {upper, middle,
working, lower}
Factors changing Caribbean Culture
 Endogenous factors (internal causes)
 Interculturation: creolization/mixing, involuntary/voluntary
 Assimilation: one becomes subsumed in another
 Education
 Government policy
 Regional and international factors
 Globalization
 Technology
 CARIBBEAN SOCIAL PROBLEMS

Social Problems

 Utilizes traditional Western philosophies and methodologies → is

unsuitable to accurately access
 the distinctive culture,
 identity and
 social structure.

 Cannot be defined in Caribbean due to

 Colonial−plantation heritage
 Diverse language
 Varying economic growth and development

Social problem vs Sociological Problem

Sociological Problem

 A theoretical/scientific development of an academic subject to

understand man in society (Cross 1970)

Social Problem

 A behaviour/ norms against standard of the society becoming a

concern.
 E.g. "stink and dutty" event in which outsiders have issues with the
behaviour in the event, however, patrons had no issues.
  Punishable by law: government intervenes to rectify issues
 By M. Cross (1970) is "normally meant some established pattern of
humans behaviour which does not conform to accepted social
standards".

 "Is a social condition (such as poverty) or a pattern of behaviour

(such as substance abuse) that people believe warrants public
concern and collective action to bring about change" (Kendall
2004).

Approaching Social Problems

 Define problem
 What are the causes
 What are the solutions
 How can it be monitored and evaluated

Types of Social Problems:

1. Poverty: condition of failure to meet bare essentials of physical existence

 38% of total population in Caribbean: high as 65% in Haiti : low 5%

in Bahamas
 Co related to other social problems
o Migration
o Crime
o Environmental degradation
 Who???

 Unemployed
 Underemployed
(street vendors etc.)
Definition of Poverty
 Pensioners (fixed
income)
 Physically challenged

Absolute/subsistence Relative/normative

condition of failure to limited access to general

meet bare essentials of standard of living and
physical existence accepted quality of life
 Unable to consume
(Peter Townsend)
necessary for survival  Poor if they do not
 Uses poverty line have access to basic or
(monetary value of essential goods. E.g.
goods for survival: water
hence increase  These people feel
inflation.) to classify deprived
poverty

NOTE: The standard of living

value changes due to NOTE: Removal of taxes from
economy essential items but increase
taxes on luxury items (since
E.g. minimum wage is based this group has the economic
on cost of items ("basket of means to continue the
goods" purchasing of luxury items.

NOTE: Minimum nutritional requirement is difficult to deduce selection of

nonfood items (due to subjectivity)

Theoretical Perspectives:
1. Functionalist perspective: poverty will always exist due to its usefulness and
functionality for other non-poor groups.
  the rich live off the poor since poor consumes most of items when compared
to rich
 middle class is a buffer between low and upper class: socially, economically
and politically.
 Poverty protects the interest of the non-poor; creating opportunity for
employment e.g. prison officers, security guards, lawyers etc.
 A psychological function providing non poor with positive reassurance of
their own worth by producing examples of failures
 Poverty provides escape goat for non-poor (blame the poor)
 Poverty contributes to varying art forms e.g. calypsos, reggae, dancehall

2. Culture perspective: developed by Oscar Lewis (1961)" The Children of

Sanchez" and (1966) "La Vida"

 Poverty arises among people experiencing extended periods of economic

deprivation
 New norms develop becoming independent of the situations that produce
them
 Poor exhibit characteristics:
 strong feeling of dependence,
 fatalism, Conversely seen in Peru with high
values of family structure as rest
 high level of abandonment, of society even though may be
 lack of participation in society, poor. Hence belongs to entire
country and not specific groups
 lack of motivation for improvement.
 Poverty is in countries with low economic growth due to
 External shock (changes in international demand for a country export,
change in interest rate on country debt, natural disasters) [e.g. 2005
Manning said to tighten belt due to Oil fluctuations]
  Inadequate domestic policy responses (increase in external borrowing
and expansionary monetary and fiscal policies since country debt
increase impacts domestic good and services)

 Cannot quantify direct impacts of these economic shocks and policy

responses

 May have decline the Gross Domestic Product (GDP) in wages and
social sector expenditures

 Low quality of Social Services (education, health)[e.g. school request

school improvement fund; CDAP offers cheap drugs but drugs
are cheap]

 Consequences of poverty:
o poor health: vulnerable to diseases, reduce life expectancy
o shift scarce resources: away from productive activities
o lack of human rights
o emergence of health issues: AIDS epidemic
o increased vulnerability of social institutions: church and family

Poverty Alleviation:
Such mechanisms are:

1. Formal safety nets: school feeding programs, insurances,

2. Informal safety net: provided by family and community

 3. Alternative Programmes: to generate alternative income activities

Strategies to Reduce:
1. Promote economic growth and sustain macroeconomics stability
2. Develop human resources: create new employment opportunities & increase
wages in labour market
3. Improve quality, efficiency and equity in social services
4. Ensure good governance and develop new partnership between central,
local, NGOs, labour unions and international communities.
5. Address crime and violence problems
6. Improve social safety net: health care, welfare
7. Promote community participation
8. Establish poverty, monitoring and evaluation tools

2. Crime: any deviant act that breaks the law of land; includes anti-social conduct
that prohibit law with sanctions.

 Sociologists require:
 who decides what act is criminal
 Why certain crimes are punished a specific way
 Is there a social consensus
 The varying power in groups that make decisions

Characteristics of Crime
  criminal act,
 criminal intent,
 concurrence,
 causation,
 harm, and
 attendant circumstances.

Crime vs Deviance
CRIME DEVIANCE
 Breaking the law (legal vs illegal)  Breaking social norms (can change)

 Violation of norms  Is culturally determined

Types of Crimes:
1. Domestic Violence
 Physical:
 cause harm to body;
 threatening to cause harm,
 coercing by threats,
 harassing,
 sexual misconduct
 Emotional
 Fear of serious bodily harm
 Causes stress
2. Child Abuse: law protect violence towards children (but can exmept
discipline administered in reasonable manner)
  Physical injury
 Sexual abuse
 Emotional harm (accidental or intentional)
3. While collar Crime
 Committed by respectable and high social status
 Encompasses a variety of nonviolent crimes committed in commerce for
financial gain
 Difficult to prosecute since sophisticated criminals conceal activities
through complex transaction.