Friday, October 11, 2019
Due Process vs Crime Control Essay
Abstract Although crime control and due process have some similarities, there are more contrasts between the two. Crime control emphasizes crime prevention, whereas due process emphasizes the protection of citizenââ¬â¢s rights from mistakes made by criminal justice agencies. The ethical dimensions of key issues confronting the criminal justice system and private security concerning to due process and crime control are citizenââ¬â¢s rights, proper legal representation, as well as physical force, when to use deadly force, and deceptions. The private security industry also faces key ethical issues regarding the lack of training, in addition to violations of rules and regulations. Due Process or Crime Control The ethical extent of key issues confronting the criminal justice system and private security regarding due process and crime control are many, such as not knowing what the right course of action is, difficulty doing what is considered right, or simply finding the wrong choice to be very tempting. Due process is a citizensââ¬â¢ right to proper legal representation, procedures, and justice of individuals, which decreases the power of government. The main goal of due process is to protect individuals from mistakes made by law enforcement agents and prosecutors. In contrast, crime control increases the power of the government in order to protect society, which diminishes an individual citizenââ¬â¢s rights (USLegal, Inc., 2001-2008). The main goal of crime control is crime suppression, which includes key issues of physical force, when to use deadly force, undercover work, deceptions, as well as many others in the criminal justice system. In the private security field, the key issues include the lack of training and violations of rules and regulations of the industry (Gould, 2008). Due Process According to Packerââ¬â¢s due process model, which consists of the following points of view, emphasizes the contrasts with the crime control model (Cliffnotes.com). 1. The most important function of criminal justice should be to provide due process or fundamental fairness under the law. 2. Criminal justice should concentrate on defendantsââ¬â¢ rights, not victimsââ¬â¢ rights, because the Bill of Rights expressly provides for the protection of defendantsââ¬â¢ rights. 3. Police powers should be limited to prevent official oppression of the individual. 4. Constitutional rights are not mere technicalities; criminal justice authorities should be held accountable to rules, procedures, and guidelines to ensure fairness and consistency in the justice process. 5. The criminal justice process should look like an obstacle course, consisting of a series of impediments that take the form of procedural safeguards that serve as much to protect the factually innocent as to convict the fa ctually guilty. 6. The government should not hold a person guilty solely on the basis of the facts; a person should be found guilty only if the government follows legal procedures in its fact-finding. Crime Control The following contentions are the key concerns of the crime control, which points out the differences of due process. (Cliffnotes.com). 1. The repression of crime should be the most important function of criminal justice because order is a necessary condition for a free society. 2. Criminal justice should concentrate on vindicating victimsââ¬â¢ rights rather than on protecting defendantsââ¬â¢ rights. 3. Police powers should be expanded to make it easier to investigate, arrest, search, seize, and convict. 4. Legal technicalities that handcuff the police should be eliminated. 5. The criminal justice process should operate like an assembly-line conveyor belt, moving cases swiftly along toward their disposition. 6. If the police make an arrest and a prosecutor files criminal charges, the accused should be presumed guilty because the fact-finding of police and prosecutors is highly reliable. 7. The main objective of the criminal justice process should be to discover the truth or to establish the factual guilt of the accused. Similarities between Due Process and Crime Control Although the differences are many and well emphasized, there are a few similarities between due process and crime control. Both uphold laws and regulations that have been established throughout the many years of this country. The similarities are: 1.Accept constitutional values 2.Hold to ex post facto prohibition 3.Duty to enforce laws where violations have occurred Conclusion Due process and crime control propose to serve similar objectives, which are to reduce crime and protect the citizens of the United States. The ethical key issues that plague the due process and crime control models vary among the two, in how to deal with the many issues and the best way to deal with the issues are conflicting. The differences between the two on how to reach these objectives are many, yet the few similarities assist in keeping both processes abide by the laws established by the government of the United States. References USLegal, Inc. (2001-2008). US Legal Definitions. Retrieved on January 5, 2010 from http://definitions.uslegal.com/c/crime-control-model/ Gould, M. (2008). Business, Ethics & Society, (p. 1). Great Neck Publishing. Retrieved January 4, 2010, from Research Starters ââ¬â Business database. CliffsNotes.com. (n.d.). Which Model? Crime Control or Due Process. Retrieved on January 4, 2010, from http://www.cliffsnotes.com/WileyCDA/CliffsReviewTopic/topicArticleId-10065,articleId-9911.html
Thursday, October 10, 2019
Societies have evolved a variety of structures for settling disputes
Settling disputes is a major part of politics and social control, which are vital for the harmonious function of any society. Different societies achieve this in different ways. In western state society formal offices are held and people given authority to judge and implement punishment or resolution. At the other end of the spectrum are the egalitarian societies, where authority is non-existent, no-one has any power to make anybody do anything, and inequality is very actively discouraged. There are a vast array of structures that come between the two extremes for example those that have a mixture of formal offices and informal methods. This essay examines first the structured court system of western state society, and then the less structured but still formal method of dispute settlement used by the Zapotec people of the Ralu'a village (or pueblo) in South America. This comparison shows that even though there are formal institutions in place in both societies, which may initially seem a poor comparison, however the objective with which they are used varies greatly and they are used to very different effect. The essay concludes that although we may initially think the more personalised approach of the Zapotec may have a more favourable outcome regarding social cohesion, it has to be recognised that such methods may not be practical or necessary in our western state society. First to consider is our own Western system for settling disputes. Western state society has a regulatory court system in which there are an extensive number of laws and sanctions that are formally codified (Peoples & Bailey, 2003). Our formalised system of regulation courts allows the use of physical coercion and the use of sanctions should people deviate from the norms that are ascribed to society. Different courts deal with differing types of disputes. The ability to settle a dispute is left almost exclusively to authority, and authority is central to the system's success. We have many appointed offices of people in authority to the general public, for example judges, police officers, which have power to manipulate and coerce others legitimately. The extensive set of depersonalised laws prevents the settling of disputes in ways that violate the legal principle of the culture, such as violence. Even verbal arguments in public may be considered breach of the peace, an offence for which people can be arrested and reprimanded. Disputes are turned into a very formal depersonalised matter, with the onus on discovering fault, placing blame and punishment; provocation for an act may be somewhat taken into account, but at the end of the day if you were provoked into doing wrong you still did wrong, and are still punished. Western state society court systems also serve as a preventative measure by making acts that could result in dispute illegal. For example, a person's property is protected through procedural laws regarding theft; laws against violence deter physical fights; people can even be fined for noise offences. Thus the system has a preventative element by not allowing things that aggravate or are even an expression of a dispute. Disputes can also be avoided through the use of restraining orders decreeing that a person may not go within a certain distance of anyone else; anything considered as breaching the peace or any law is a punishable offence regardless of the consequences. It is the consequences of individuals actions, not social disharmony, that motivates individuals toward a peaceful society. There is a great emphasis on power, control and authority. Breaking a law, however trivial, are still punished simply because they are forbidden. Recent emphasis on a ââ¬Ëzero tolerance' strategy, a strategy where any act that potentially threatens authority, control and peace in society is punished. Punishment is not solely aimed at providing compensation, but importance is placed on punishment and reprimanding those in breach of the law, the idea of justice is paramount. Laws are in general absolute and universal; there is little room for movement in light of factors leading up to an act. Consider the murder convictions- there is a murder classified on a number of levels according to intent, intention and so on. Even the extenuating circumstances are formally codified. This is perhaps because of the size and anonymous nature of society- the idea of controlling a vast number and variety of people is more important than harmony and future relationships; a dispute does not have the same potential impact as in a small close knit society for societal relations. The only way to maintain harmony is via numerous substantive and procedural laws, and having total control over dispute settlements. How effective is the Western system? Through such extensive substantive and procedural laws we accept we are not in control of situations. There is an authority that can sort out disputes without things escalating too dangerously, and responsibility is removed from both disputants. However, I would consider it very rare if one person were to pass another person in the street that they had sued and they're to be any chance of a friendly exchange. The onus on placing blame means that one party is exonerated and the other incriminated, which can breed resentment. There is a clear cut line between right and wrong defined and decreed in the written procedural laws. Punishment for crimes are universal and there is clear legal principle that individuals are expected to adhere to. Deviance is punished regardless of its impact on society, instilling a code of conduct and the power of authority, which can work as a preventative measure. Punishments such as incarceration and fines may instil bitterness and a desire for revenge. The dispute is not really settled; more that blame has been officially placed and the plaintiff compensated. In comparison are the Zapotec Indians of Ralu'a village in South America studied by Laura Nader (Spradley & McCurdey, 2003). The Zapotec have a number of levels for settling disputes. They have a mediation court system, but a number of more informal methods that are encouraged before court is reached. There are a number of implicit procedural laws, but settlements are usually made on a case-by -case basis with no formalised codifying. Their basic legal principle is ââ¬Å"to make the balanceâ⬠. Our western legal systems focus primarily on placing blame, finding fault, and a relevant punishment for going against the culture's legal principle. The Zapotec are more concerned with maintaining the balance, finding a peaceful resolution, and the future relationships involved. Their aim is not to punish potential threats to the control of the state government but to maintain a harmonious, cohesive community. If someone has wronged another the aim of the Zapotec system is to provide a solution that suits all, so people do have to pay fines and there are consequences for actions, but they work to find a balance between justice and resentment. There are formalised institutions, of which there are a number of levels, for which disputes in Ralu'a can be settled, depending on the extent of the dispute and its seriousness. The first port of call is to take the dispute to the town hall, or municipio, to go before a group of principales and the presidente. The principales are a group of 13 nominated men that form an advisory group. Each year 3 men are nominated for the position of village chairman, the presidente. Although the system is technically a formal system, informality is maintained through the positions in the municipio being democratically decided and member being nominated. This way individual's taking their case to the municipio are more likely to respect the final settlement as those who are mediating are respected individuals, chosen by the community. The Zapotec have an interesting way of reining in the most problematic individuals by way of making them members of the town police, the head of which is the sindico, who is also responsible for running the communal work program of the pueblo. The policia consists of 12 members under two lieutenants and one chief of police. The chief of police is generally the roughest most disruptive man. This is the opposite of how western society works- responsibility, authority and influence is removed from troublemakers. Together, the sindico and presidente are able to settle the majority of disputes. The next level in the chain is the alcalde that presides over the justice of the peace, and settles the more serious disputes. The final port of call is the district court, which is seen as a last resort. Taking a dispute the municipio is more of a last resort as social pressure attaches shame and dishonour to those who resort to such measures. This social pressure encourages people in the community to sort out their own disputes before they reach a level requiring such intervention. Such an example is of a dispute regarding washing stones at a well. One female had chosen a washing stone next to her friend which was not her usual washing stone, when the owner arrived they angrily asked the woman to move, even though there were other free washing stones available. Tension increased and insults exchanged; eventually the whole village became involved taking sides, and other similar disputes arose. Water began to dry up at this well, and villagers believed this was a consequence of the women's dispute, and action had to be taken. A meeting of the Well Association was called in order to find a solution. The next time the women went to the well all the washing stones had been removed and replaced with concrete basins specifically allocated to no-one, and their use strictly based on a first-come-first-served basis. This way of settling the dispute was aimed at restoring the balance, at maintaining cohesion and harmony. The facts of the case were irrelevant, as was who was right or wrong and where the blame lay. However, the dispute was settled in a way that there would be no resentment between the women, and their relationships could be restored. The solution also provided a preventative measure to prevent such a dispute reoccurring. It will be interesting to compare the resolution of such a dispute in Zapotec society and western society. In Western state society it is likely that the second of the women who felt her washing stone had been taken unfairly would have employed a solicitor and lodged charges against the other women for stealing her washing stone. Assuming the case reached court lawyers would be employed to describe the facts to a judge, each side aiming to place blame on the other side. The judge would consult the various laws in order to decree who was at fault, or if any laws were broken. Blame would be ascribed and the dispute would be resolved by fines and punishments, however whether steps would be taken to prevent such a dispute re-occurring is debateable. Of course, such a dispute is unlikely to happen in western society due to the cultural differences. It is somewhat naive to suggest that the Zapotec's ways of settling disputes are more effective than our own, as we have to consider the vast differences in our societies. Cohesion is not nearly as vital to everyday life here as it is in smaller communities- disputes are resolved in a very individual way, which is impractical for larger populations- we could not consider intricately every detail of why someone may have hit someone else- we have to have definite boundaries. Hitting is thought of as wrong and not desirable for a peaceful community, thus the fact it is against the law simply prohibits violence regardless of the reason. This is a simple black and white law, and has consequences of which everyone is aware. The depersonalised system is consistent with the impersonal nature of our society. To conclude there are clear differences in the way each society tackles dispute settlement. There is the authoritative Western system that seeks prevention through a vast number of procedural and substantive laws with the primary aim of ensuring ââ¬Ëjustice' and punishment. Then there is the more informal system of the Zapotec Indians, who regard restoring the balance and future relationships as more important than placing the blame. I cannot see either system working in the other's community due to the vast cultural differences, and differences in population size, however they seem to prove effective for each individual society.
Wednesday, October 9, 2019
Management of Organizational Behavior Case Study
Management of Organizational Behavior - Case Study Example The effectiveness of leadership and management of human organization can be measured on an individual or group influence process. Both concepts are full-time responsibilities that must be practiced every time wisely due to the complexities of people and a difficult situation by a man of mission and vision for is organization and country. Emotional ways of reacting to the problem are human nature, this access the situational leadership which is fundamentally determined by leader-follower interaction in the pursuance of goal accomplishment, readiness assessment, leadership intervention, appraisal of the results of this intervention and effective follow-up. (p 8). In comparing, Woodrow Wilson by H.W. Brands 2003 and Hersey, et al 2001. Hersey advocate in detail the leadership qualities and roles while, Brand look at leadership basically in relation to then U.S.President "Wilson." Despite tremendous, the effort of his administration Brands did not recognize these. The effect on Wilson ad ministration is sometimes due to the death of his first wife as, by the opinion of Brand, his life was just too full to be given real justice. His work and wealth of experience make him be a distinguished leader in the history of U.S President. Also, the hardship and judicious utilization of opportunity available to him made him be a role model among his successors. Nevertheless, Brands never soars "Woodrow Wilson" to have down a great work, this eludes me. There are three skills and competency of leadership, which is required in the administrating an organization or country. The Wilson administration possesses these qualities, they are diagnosing, adapting and communication.Ã In analysis this point one after the other, Woodrow Wilson always diagnose the requirement of his environment before embarking on any operation which may either have the positive or negative effect on his people, such decision includes, the establishment of the central bank, and the Federal Reserve in Unite d State. Wilson also used is presidency to effect and administer the national income tax. He used his wealth of knowledge to ensure that United State fosters together and have a formidable growth of centralized Federal power. According to Brands, Wilson being a diplomatic, diagnosed united state and found out that they need to involve in World War 1. These he does by funding Britain and France, in the procurement of their needs at the War front such as ammunition to fight the battle. Then, he finds out that Solder where needed at the battlefield, he provides the combat. This Great War would not have lasted so long if not of his involvement. As a result of this, it causes a lot of damages to the fabric of European civilization and colonial influence. The result of this war made the world to have heard of Herr Hitler and Signor Mussolini, veterans both of front line combat.
Tuesday, October 8, 2019
Fredrickson's Various Models Essay Example | Topics and Well Written Essays - 1000 words
Fredrickson's Various Models - Essay Example Sherman Alexieââ¬â¢s assimilation story revolves around an Indian woman named Mary Lynn. She is married to a white man, Jeremiah, and they are blessed with three children. Due to conflicting cultures, she finds herself at a cross-road since she cannot find her own identity (McClinton-Temple & Velie 44). Her husband is such a racist man who even extends his hatred of other ethnic groups onto his own sons. He only loves his daughter who looks more like him. In addition, he does not just associate with all the whites, but with a subset of people, most of them being educated and affluent whites. He, however, successfully manages to get rid of some social burdens in one way or the other. Lynn spent most of her free time listening to Indian songs. This means that she could not let her culture go off her. Jeremiah believes that his wife can be fully assimilated into the white culture, if only she changes her behaviors and attitudes (McClinton-Temple & Velie 44). Ethnic Hierarchyà The a ncient American society categorized ethnic groups into different levels and classes. There was the predominant group, the whites, who are perceived as superior to other ethnic groups. The whites claimed that other ethnic groups were unfit and unready to acquire equal rights and full citizenship (Frederickson 633). Frederickââ¬â¢s hierarchical model can be traced back to the colonial period when blacks were enslaved and Indians were conquered. From Alexieââ¬â¢s assimilation story, it is obvious that all the problems that existed.... Lynn spent most of her free time listening to Indian songs. This means that she could not let her culture go off her. Jeremiah believes that his wife can be fully assimilated into the white culture, if only she changes her behaviors and attitudes (McClinton-Temple & Velie 44). Ethnic Hierarchy The ancient American society categorized ethnic groups into different levels and classes. There was the predominant group, the whites, who are perceived as superior to other ethnic groups. The whites claimed that other ethnic groups were unfit and unready to acquire equal rights and full citizenship (Frederickson 633). Frederickââ¬â¢s hierarchical model can be traced back to the colonial period when blacks were enslaved and Indians were conquered. From Alexieââ¬â¢s assimilation story, it is obvious that all the problems that existed between Jeremiah and Lynn were triggered by their cultural and religious differences. None of them was willing to abandon his or her culture and adopt other p eopleââ¬â¢s culture. This is the reason why Lynn cheated on her husband with a fellow Indian man (McClinton-Temple & Velie 44). In the early 20th century, Americans of English ancestry, the dominant group, were not simply whites but Anglo-Saxon White Protestants. Mary Lynn found it difficult to accept and adopt Anglo-Saxonââ¬â¢s culture her husband belongs to; because she believes she does not qualify to join the dominant group. Jeremiah, on the other hand, believes that her wife can get fully assimilated into their culture if she changes her behaviors (McClinton-Temple & Velie 44). In the contemporary American society, the presence of socially deprived, physically unsafe and improvised barrios, ghettos and Indian reservations, indicate that
Monday, October 7, 2019
The Role of Religious Accommodation at Workplace Essay
The Role of Religious Accommodation at Workplace - Essay Example In General, people in the modern world is spending most of their life time in offices and workplace is a significant environment in their life. The modern century is functioning at a fast space and everyone wants to perform their best at their workplace in peace with his inner self. An employee who keeps his religion alive can inculcate enormous ethics, moral and social values in him. In the same way religious accommodation are essential at work place as it increases the quality of job performance and productivity among employees. As per (Laderman) ââ¬Å"Today, "religion" can mean anything at all, from the most personal and intimate spirituality for the individual to the most diffuse cultural activity in any given societyâ⬠. Religious values increases work quality First when we think about religion, the most important factor that sweeps through our mind is the serenity and satisfaction it brings to the psyche and personality of an individual. As all know ,religion is the direct ion towards God and anyone engaged in this value is at peace .It is obvious that when the self of a person is at serenity he can bring forth vitality to his thinking and personal behavior despite of the environment he is in. Work place environment is mostly stress abandoned and employees undergo much complication and emotional disturbance, when they engage in work place. So it will be greatly benefited on individual basis if the organizations allot some time to the employees for religious practice. According to (TriNet)ââ¬Å"A Gallup poll states that 90% of American adults say that religion is either very important or fairly important in their lives. And with that, arises workplace conflictsâ⬠. Frankly speaking, religious accommodation is important in workplace as it increases the confidence and mental balance of an employee which results in quality job performance and productivity. Only a spiritually evoked employee can regulate his behavior and thoughts and give out optimum potentiality to the organization he/she is working in .In an organization, there can be present people from various religious background. However when an employee engage in his/her religious practice , he connect with God and respect all religions and treat his colleagues with respect and humility. Religion can bring about conflict at work place and time management issues Religion indeed is an essential part of every individualââ¬â¢s life , but as there are different religion in world , the ideology and religious culture in a work place vary immensely. This fact can give rise to conflict among employees as their habit and behavior differ according to their religious concept and beliefs. This contradicting view among employees can lead to chaos and dysfunctional situation. When employees hold vengeance and unfriendly attitude among each other, the flow of business can be interrupted and this can create low quality work and unproductive situation in workplace Generally, failure and lockouts can occur in work place and dealing with this issue can create loss of time. When the employees of an organization hold various religious beliefs then the organization can work on a not unifying nature . This is because the employees on various level look at each other as opponent and enemies and they can feel like competing with each other to prove each oneââ¬â¢s religion as the best. Such an atmosphere can dismantle the whole unifying environment of the organization.
Sunday, October 6, 2019
Counseling in Faith Essay Example | Topics and Well Written Essays - 2000 words
Counseling in Faith - Essay Example Pastoral service entails self actualization as it is a profession that gives a person the responsibility to act as a moral object to the society (Niklas 29). This aspect portrays one of the major roles of pastoral care apart from providing service to other people. Pastoral care also entails instilling a moral responsibility to through acting as a role model to the society. Many pastors, catechists and priest take up the role of the mirror in the society. For many students the essence of identity is professionalism. However vocation is a concrete factor influencing self identity as it is inspired by the desire to offer services to the community during the pastoral service. Pastoral care can therefore be referred to as a social service as well as a calling that pictures the pastoral minister as a role model as well as a servant to the society. Ethics in Pastoral Ministry Pastoral ministry has a broad application in the church than the council. Initially, the term minister was only refl ected to preachers in the protestant churches. Pastoral role had not been internalized and understood by many people in the society hence the term was used to focus on the ordinary meaning thus ignoring the deeper aspect of ministries. Currently, pastoral ministry has reflected on the bigger picture of pastoral identity which is service not only to the church but the entire community. The church acts as a symbol of pastoral service as being ordained only ushers people into the pastoral service but does not play the exact role in pastoral care. Catholic churches have strived to portray this notion through the roles that priests, clergymen and nuns play in the church. In the catholic community, the church is a symbol of the society. In this case, priests, clergymen and nuns act as servants of the societies in which they administer in church. Pastoral ethics are inspired by the moral character of a person. Priests, catechists and pastors have a moral obligation in a society as they are seen as model s of ethical values since their work entails the practice and teaching of good deeds in the society. However, ethical conduct does not come from the moral obligation but the virtues of a person. Virtues underscore the visions, roles and objectives of a pastoral minister. Pastoral minister are given the moral obligation of leading by example thus the moral values of a society are immensely contributed by the moral practices of a pastoral minister. There are many cases around the world relating to the morals and ethical conducts of church leaders. Many priests, catechists and pastors engage themselves in immoral behaviuors thus leading to the big question which is where or not to moral and ethical laws of conduct to religious leaders. The basic solution to this situation is to instill and enforce professional ethics to the religious leaders in order to limit them to the service of the society through the spreading of moral values. Professional ethics entails the use of professional duties to identify moral ethics. Priests, pastors and catechists have the duty of spreading the word of God to the people thus is expected to practice the content they preach to the society. This aspect makes religious leaders to be the reflection of moral character in a given society. When a person is ordained, he or she is given the
Saturday, October 5, 2019
Jean-Antoine Watteaus Foursome Essay Example | Topics and Well Written Essays - 1500 words
Jean-Antoine Watteaus Foursome - Essay Example "The image à ¿f cadavers being carried by an angry and frustrated crowd, with which I began this essay, is not far from the one that I have just finished analyzing. Both Barbier and Watteau are symbolically recreating felt, palpable social change in the first two decades à ¿f the eighteenth century. They are also, on a second level à ¿f symbolization, trying to understand the metaphorization à ¿f power and influence. The riots over paper money that had suddenly become worthless and the commodification à ¿f art itself, à ¿f placing a monetary value on the most aesthetic à ¿f man's activities, are significant issues, important to describe. The palpable weakening à ¿f a heretofore seemingly invincible central government, objectified in these two scenes by the closed doors à ¿f the Palais-Royal and the disappearing portrait à ¿f Louis XIV, had been underlined by the relative openness that Philippe d'Orleans had brought to his Court; but, his candor was too little and too late. Power had hemorrhaged into the streets. Classes were being redefined, and with them a new ethics, exemplified in the young man's father's awkward attempts at warning his son about mercurial Parisians. Merit will count more than it did, but appearances and the superficial will skill reign, only no longer to be systematically defined by the court. The Regency period (1715-1723) was one à ¿f remarkable narrative energy. Writers such as Challe, Prevost, Marivaux, Montesquieu.... To do a painting, especially when one is dying from tuberculosis, that depicts a moment in a shop's existence, a painting that is meant to attract connoisseurs and speculators, underlines how compelling was the statement that Watteau wanted to make. The transient and its valuation are connected brilliantly in L'Enseigne de Gersaint (a title that offers no profundity f meaning either), because they are connected aesthetically. Thus, Watteau pushes us to surrender to art what it demands: the recognition that only through imaginative effort can an equitable ethics f urbanity be derived. This painting is about the power f art to transcend even the most powerful social and personal impediments to happiness, because they are indeed transient. The sign Watteau painted signals a new social context, bent on possessing, evaluating, and judging according to appearance and by anyone. It is indeed a "photograph" f the Regency.1 L'Enseigne de Gersaint introduces, without the aesthetic and emotional distancing that defines the fetes galantes, the body as the site for the working out f desire, and society as the space in which bodies define and adapt themselves. Fiction and art should draw the connections among desire, the body and society. And this work does just that: it shows potential connections that can narrate the place f desire in an emergent cultural realignment. The painting is so well balanced thematically that one may forget that it is a quite sophisticated commentary on the function f art in society. Its self-consciousness, its theatricality, and its extraordinary use f color all tend us away from its intellectualism. Watteau was asking fundamental questions about the role f the spectator in the production and
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