SOURCES OF LAW AND HIERARCHY OF COURTS

THE LAW: the 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.
The discipline and profession concerned with the customs, practices, and rules
of conduct of a community that are recognized as binding by the community.
Enforcement of the body of rules is through a controlling authority.

CRIMINAL LAW CIVIL LAW

-deals with rules of law relating to
the elements of the crime of
murder and the various defenses
which might be available.
-deals with wrongs committed by one
private individual against another. These
would included situations where injury is
suffered by one person as a result of
negligences by another, e.g. car accident

FUNCTIONS OF LAW
● To Legitimise – to establish the recognition of the law as the supreme law
applicable to all
● To allocate power - which individuals and/or bodies are to exercise power over
public functions, to impose authority to perform a public function – Police,
Customs
● To order society – control over the conduct of affairs in society e.g. Industrial
Relations Act- sets out procedure for strikes, collective bargaining
● To control individuals – Ensure peace and order in society and protection from
infringement of rights, Criminal law
● To resolve conflicts - Courts established to enforce law, create law and resolve
conflicts – Contract and Tort
● To dispense justice – enactment of legislation to protect society from
exploitation and abuse from the capitalist class e.g. Maternity Protection
Act 1998- “An Act to provide a minimum level of maternity leave benefits and
protection”
(1) Subject to this Act, an employee is entitled to—
(a) leave of absence for the purpose of maternity leave;
(b) pay while on maternity leave;
 (c) resume work after such leave on terms no less favorable than were enjoyed
by her immediately prior to her leave.
● To change society and individuals - to adapt to the demands and needs of the
society and to prevent moral decay and misbehavior by enacting legislation or
development of common law
Issue of social media – dissemination of photos, cyber bullying, defamation of
character - Cyber Crime Bill

SOURCES OF LAW
● Constitution
● Legislation
● Common Law
● International Law: Treaties
● Different Sources that are not independent of each other

THE CONSTITUTION:
-Most important legislation of any country in the Commonwealth Caribbean.
-It is the supreme law of the land, the body of rules, doctrines, and practices
that govern the operation of political communities.
-Any other law which might be inconsistent with the Constitution is null and
void, to the extent of that inconsistency. Part of the work which our judges are
involved in is to determine whether laws passed by Parliament have run
contrary to any constitutional provisions, and if so, to strike down such
legislation. But the importance of the The Constitution does not lie merely in
its supremacy over all other laws, but more significantly in its content.
-Each Constitution in the Commonwealth Caribbean contains a Bill of Rights.
The Bill of Rights sets out the fundamental rights and freedoms to be
enjoyed by everyone and which neither Parliament nor any other state
authority, including the police, is permitted to violate.
-Included among the rights and freedoms are the right to life, liberty and
property; the right to associate freely, and to freely hold and express
opinions; the freedom of press and freedom of religion.

The Constitution is also important because it establishes and regulates the

various social institutions which make up the democratic system. Thus, the
Constitution spells out, among others:

1. rules governing entry into the upper and lower houses by way of either
appointment or election;
2. the power which Parliaments possesses to make laws, including laws which
might amend the Constitution;
3. the procedure which must be followed to enact such laws.

Moreover, the Constitution also does the following:

-Establishes the Supreme Court.
-Identifies the persons who have the authority to appoint judges.
-Prescribes the qualifications for such appointments.
-Addresses issues such as the remuneration which judges are to receive, and
the procedures to be followed in order to remove a judge from office, etc.
-Deals with the institution of the President or the Governor General, including
the powers of this highest institution in a country.

Functions of the Constitution

-The Constitution defines citizens’ rights and the shape of both the legal system
and the political system.
-The Constitution lays down mandatory procedures for government. It is the
foundation for judicial review, States basic human rights, including avenues for
redress of violations of such rights and promulgates new remedies.
-The definition of the territory of the State; the creation and establishment of
State institutions and the distribution of the functions of the State;
-The granting of authority to make laws; the furnishing of legitimacy to the State
through the existence of an independent body of law which regulates the State.

Form and structure of the Constitution

The typical Constitution in the region contains the following chapters or
sections:
- a preamble;
- chapters on citizenship;
- a section on fundamental rights and freedoms, called a Bill of Rights;
- chapters defining the powers of the Head of State and Parliament;
- chapters defining the powers and establishment of the Executive an Judicature;
-chapters establishing and defining the role and functions of the Public Service
and Judicial Commissions;
-chapters on finance;
in addition, there is a statutory formula giving Parliament power ‘to make laws
for peace, order and good government’
 LEGISLATION
● Refers to the body of laws enacted and Parliament
● Parliament derives this authority from the Constitution
● Section 53 of T&T Constitution
● Most important source of law
● Also referred to as codification
● Based on the Civil Law tradition
● Deliberate law making function
● Parliament can create law, repeal and abolish law
● Legislation is its own legal source unlike the common law- statutory
interpretation

The Making of Legislation

➢ Starts with a Green Paper- introduces to the Public the proposals for
discussion and invites comments.
➢ Note that a Green Paper contains ideas about a particular subject, published by
a government. The purpose of a Green Paper is to allow people to discuss
these ideas before the government takes any decision
➢ White Paper- after consultations the government sets out its firm proposals for
the legislation
➢ In other words, a White Paper shapes the government's policy in the form of
legislation. This is then put forward in a draft form, called a Bill. A Bill is a
document containing the various provisions on which the members of
Parliament are asked to vote and bring into law. It usually contains explanatory
notes, setting out the rationale for its various provisions.

The Role of Parliament

➢ Bill- Draft legislation to be presented to the Parliament for debate and voting
➢ Bill must achieve the required majority in Parliament after voting
➢ If majority achieved the Bill is forwarded to Head of State for Assent after
which is becomes law

Function of Legislation
➔ Revision of previous laws and the common law that may be archaic, problematic
or the need to reflect modern demands
➔ Consolidation- different laws for a particular topic- e.g. In T&T, we have several
pieces of legislation for land ranging from 1950 Ordinance to 2020
amendments
➔ Codification- Turning case law or precedent into statute

Subordinate/delegated legislation
- laws or regulations that are made by bodies or authorities other than the
primary legislative body, which is typically the parliament. These legislations
are created within the framework of the primary legislation passed by the
parliament and are aimed at providing detailed rules and regulations for its
implementation. Eg regulations, statutory instruments, orders, rules, bylaws,
and ordinances. They cover a wide range of areas, including administrative
procedures, licensing requirements, health and safety standards, environmental
regulations, tax laws, immigration rules, and many other specific matters.

- To save parliamentary time, the main principles of an Act are usually presented
in numbered sections. The other details are presented as schedules at the end
of the Act.
- This is to facilitate debate on the sections. Though it does save the time to a
certain extent, there are other procedures, such as fixing the commencement
date to bring the Act into effect or getting a technical input, etc., which makes a
considerable demand on parliamentary time.
- To circumvent these time exhausting procedures, Acts of Parliament contain
provisions which empower the Head of State, Ministers or some other authority,
to make regulations with a view to effecting the purposes of the main or parent
Act. These regulations are referred to as subordinate or delegated legislation.

Functions of Delegated Legislation

- Speed and Efficiency – Delay in passing legislation

- Technicality and Special Knowledge - some legislation is quite technical and
therefore left to experts
- Flexibility – can be revoked or amended very easily
- Bulk- too much information to put before Parliament

COMMON LAW
Common law is a body of rules developed over time by judges in the course of
resolving disputes between private individuals or between citizens and public
 authorities. For this reason, the common law is also referred to as the
judge-made law.

- Developed in an ad-hoc and case by case basis

- Depends on an efficient system of recording cases and judgments-Law Reports
- Applies today if there are cases where there are no previous precedents-
discuss such cases
- Argued that the common law does not merely declare the law but creates it
- Provides for stability in the application of the law
- Common law harsh and rigid – details of your case had to fit in the common
law rules that were developed over time
Development of the principle of equity and rules of equity which add to the
common law
- Equity applies notion of good sense and fairness
- Collection of revenue- Legislation designed for the collection of revenue
- Implementation of Treaties- legislation must be passed to ensure the state is
adhering to Treaty obligations
- Public Policy- Covid-19
- Response to pressure groups – marijuana?

THE DOCTRINE OF JUDICIAL PRECEDENT – CHARACTER AND RATIONALE

● Central to the notion of the common law as a legal source is the doctrine of
precedent, in particular, binding precedent.
● The doctrine provides the impetus and scientific rationale for the
development of the common law on a case-by-case basis. It is, therefore, an
important source of law.
● The doctrine of judicial precedent proceeds on the assumption that where
there are no appreciable statutes on a particular issue, the judge must look
to the case law, that is, cases decided previously said issue, to find the
relevant law upon which to base his or her decision.

BINDING PRECEDENT PERSUASIVE PRECEDENT

The doctrine of binding judicial legal principles contained in

precedent, stare decisis, is judgments which merely offer
based on the premise that the guidance. The judge will refer to
function of judges is not to these precedents, but they are not
create law, but to find law in binding
conformity with existing legal Persuasive precedents may also
rules. originate from courts lower in the
-requires a court to follow hierarchy and the decisions of courts
and apply the legal reasoning in other jurisdictions. In the
and decisions of higher courts Commonwealth Caribbean, for
within the same jurisdiction. example, the decision of the Court
When a higher court, such as Appeal of Barbados is only of
an appellate court or a persuasive authority to a court in
supreme court, issues a ruling Jamaica.
on a legal issue, that decision
becomes binding on lower -persuasive precedents can be used
courts within the same to guide the court's decision-making
jurisdiction. Lower courts process, provide additional legal
must follow the legal analysis, or offer reasoning that may
principles established in be relevant to the case at hand.
binding precedents unless
there are compelling reasons
to depart from them.
Thus, the judge has a legal
obligation to use decided
cases, not merely for
guidance, but is bound to apply
the principles of law found in
such cases. This coercive
character of the doctrine of
precedent is a feature peculiar
to English legal tradition. One
of the first judicial
pronouncements on the
doctrine of binding precedent
and stare decisis is to be found
in the case of London Tramcars
Co Ltd v London County
Council, where Lord Halisbury
stated that ‘a decision of this
House once given upon a point
of law is conclusive upon the
 House afterwards, and it is
impossible to raise that
question again as it if was res
integra and could argued’.

International Law: A Fourth Source of Law?

International Law is the body of legal rules which apply to States in their
international relations. So, for example, if an ambassador from, say, State X is
arrested and beaten up by the police in State will be a breach of International
Law because the ambassador is protected by applicable rules of this system
of law.

For the present purposes, we may assume that two main sources of
International Law are of primary concern to States. These are: (a) treaties-a
binding formal agreement, contract, or other written instrument that establishes
obligations between two or more subjects of international law, and (b) custom-
It can also mean a set of laws based on the traditions, customs, or norms of a
local community, often applied with other legal system

- Governments of the countries of the Commonwealth Caribbean are signatories

to a number of international treaties. Among the most important treaties for the
present purpose, are the:
(i) International Covenant on Civil and Political Rights;
(ii) American Declaration of the Rights and Duties of Man;
(iii) Convention on the Elimination of all Forms of Discrimination
Against Women.

The first two treaties mentioned above declare the existence of the
fundamental rights and freedoms, most of which are already incorporated into
the Constitutions. As its title suggests, the third treaty declares the principles
of equality between the sexes and its signatories are mandated to take all
necessary steps, not limited to the enactment of law, to ensure the eradication
of all remaining vestiges of inequality between men and women.
- Is international custom automatically a part of the law of T&T?
 - This issue could give rise to much discussion, and the answer is not
entirely clear. No court has accepted that custom is automatically a
part of the country's law, and this certainly supports the idea that
customary international law is not part of T&T law. On the other hand,
there are some cases from the United Kingdom suggesting that, in some
respects, customary international law is a part of the domestic law of
England. Even here, however, the matter is open to some doubt.16 In R v.
Jones (Margaret), example, the United Kingdom House of Lords held that
a crime recognized by customary International law is not automatically
recognized as a crime in English Law. In the circumstances, the question
whether customary international law is automatically part of T&T law
awaits a final decision, but the better view appears to be against the
automatic incorporation of customary international law in Jamaican law.

HIERARCHY OF COURTS
❖ The law in force in any country of the Commonwealth Caribbean is
administered by the Courts, or Tribunals, established under the Constitution,
or by specific legislation enacted for the purpose.
❖ Courts of limited jurisdiction:
There are a number of courts and tribunals of limited jurisdiction. By this is
meant that the specific court or tribunal may only hear and determine those
specific matters which the Statute identifies, and over which it gives its
authority. Limited jurisdiction courts and tribunals include:
➢ Industrial Courts (as in Trinidad and Tobago and Antigua): Their
jurisdiction is limited to the hearing and determination of industrial
disputes between employers and employees, and their trade unions, over
a variety of matters, such as the conclusion and enforcement of collective
agreements and disputes over disciplinary action taken.
➢ Rent Tribunals: They are set up to resolve disputes between landlords
and tenants.
➢ Public Service Disciplinary Tribunals: The sole purpose of these
tribunals is to examine and determine the facts in relation to disciplinary
charges laid against public servants.

MAGISTRATE’S COURT:

The Magistrate's Court is a lower court that exists in many Commonwealth

countries. Here is an explanation of its key features and functions:
 ● Establishment in Districts: The Magistrate's Court is typically
established in various districts or regions within a country. It serves as a
local court accessible to the community it serves, ensuring convenience
and proximity for the parties involved in legal proceedings.
● Jurisdiction over Criminal Offenses: The Magistrate's Court has
jurisdiction over a wide range of criminal offenses, including less serious
offenses known as summary offenses. It handles cases such as minor
theft, public order offenses, traffic offenses, and some drug-related
offenses. For more serious offenses, the Magistrate's Court may conduct
preliminary enquiries to determine whether the case should be
transferred to a higher court for trial.
● Limited Family Matters: In addition to criminal matters, the Magistrate's
Court also handles limited family matters. These typically include issues
related to custody, maintenance, access, and domestic violence. The court
aims to provide accessible and efficient resolution for such family
disputes.
● Single Magistrate Hearing Cases: The Magistrate's Court operates with
a single magistrate who presides over the cases. The magistrate is a
legally qualified individual appointed to hear and determine the matters
brought before the court. The magistrate must follow the principles of
natural justice, ensuring a fair and impartial decision-making process.
● Application of Bail Act: The Magistrate's Court is bound to follow
relevant legislation, such as the Bail Act. This act provides guidelines and
procedures for determining whether an accused person should be
granted bail or remanded in custody pending trial.

HIGH COURT:
The Court is sometimes also referred to as a superior Court of Record, so that its
records are normally preserved for reference and for legal guidance. In some
Caribbean jurisdictions, the "High Court" is used to denote the Court of
unlimited jurisdiction. The High Court of a Commonwealth country is the
highest judicial body within that country's legal system. It is responsible for
interpreting and applying the laws of the country, including the constitution, and
it has the final authority on matters of law.

-Supreme Court – administered by judges

-Unlimited jurisdiction
-Get its authority from the Constitution
-Guardian of Constitution
-Different Courts – Civil, Criminal and Family to deal with the specific issues
-Civil – Contract, Tort, Judicial Review
-Criminal – Murder – trial by jury
-Statute can limit its jurisdiction- e.g. Bail

Administered by Judges: The High Court is administered by judges who are

appointed based on their qualifications and expertise in the law. These judges
preside over the court's proceedings and are responsible for interpreting and
applying the law.

Unlimited Jurisdiction: The High Court typically has unlimited jurisdiction,

meaning it has the authority to hear and decide cases on a broad range of legal
matters. It can hear both civil and criminal cases, as well as constitutional issues
and appeals from lower courts.

Authority from the Constitution: The authority of the High Court is derived
from the constitution of the respective Commonwealth country. The constitution
grants the High Court the power to interpret the constitution itself, as well as
the laws passed by the legislature.

Guardian of the Constitution: The High Court serves as the guardian of the
constitution. It has the responsibility to uphold the principles and provisions of
the constitution and ensure that laws and government actions are in compliance
with constitutional requirements.

Different Courts: The High Court often consists of different divisions or courts
to deal with specific legal issues. For example, there may be separate divisions
for civil, criminal, and family matters. These divisions specialize in handling
cases related to their respective areas of law.

Civil Matters: The High Court's civil division deals with a range of civil disputes,
including contract disputes, tort claims (such as personal injury or negligence),
and judicial review cases. It has the authority to interpret and apply civil laws to
resolve these disputes.

Criminal Matters: The High Court's criminal division is responsible for handling
serious criminal cases, such as murder, and conducting trials by jury. It ensures
that criminal proceedings are conducted fairly and in accordance with the law.
 Statutory Limitations: While the High Court generally has unlimited
jurisdiction, statutes passed by the legislature can sometimes limit its
jurisdiction in specific areas. For example, statutes may impose restrictions on
the High Court's authority in granting bail or in certain types of case

For civil cases, the High Court does not normally sit with a jury. With respect
to certain serious crimes, there is usually a jury for Court cases; such crimes
include murder, manslaughter, treason, and rape. Where there is a judge
and jury, the judge will make decisions about the law in the case, while the jury
will make decisions about the facts. In a criminal case, therefore, it falls
ultimately for the jury to decide the guilt or innocence of the accused at the end
of the trial. From time to time, there have been government proposals to reduce
reliance on juries, including in murder cases.

Court of Appeal
The Court of Appeal in Commonwealth countries serves as an intermediate appellate
court between the lower courts and the highest court (such as the Supreme Court or
the High Court). It has the authority to review and decide appeals from both the
Magistrate Court and the High Court.

● Appeals from Magistrate Court -

● Sentence Too Severe: If a person believes that the sentence imposed by

the Magistrate Court is too severe or disproportionate to the offense
committed, they can file an appeal to the Court of Appeal. The Court of
Appeal reviews the case and has the power to modify or quash the
sentence if it deems it inappropriate.
● Magistrate Erred in Law: If a party believes that the Magistrate Court
made an error in interpreting or applying the law in their case, they can
appeal to the Court of Appeal. The Court of Appeal reviews the legal
aspects of the case and can overturn the decision if it finds that the
Magistrate Court made a legal error.

● Appeals from High Court - Issues of law, procedural appeals:

● Issues of Law: The Court of Appeal hears appeals from the High Court
when the case involves significant legal issues. If a party believes that the
 High Court misinterpreted or misapplied the law, they can appeal to the
Court of Appeal. The Court of Appeal examines the legal arguments
presented and determines whether the High Court's decision was legally
correct.
● Procedural Appeals: The Court of Appeal also handles appeals related
to procedural matters arising from High Court decisions. This includes
appeals challenging procedural irregularities, errors in the conduct of the
trial, or claims that the proper procedures were not followed. The Court
of Appeal reviews these procedural aspects and can order a retrial or
amend the High Court's decision accordingly.

Court of Final Appeal - The Privy Council

The court of final appeal for many Commonwealth Caribbean states is the Judicial
Committee of the Privy Council, commonly referred to as the Privy Council. Here's an
explanation of its key features:

● Historical Origins: The practice of appealing to the Privy Council from the
"colonies and plantations" dates back to the colonial period when the final
court of appeal was located in England. The modern form of the Privy Council as
a court of final appeal emerged with the Judicial Committee Act of 1833, which
established the Privy Council as a body to handle appeals from the British
Empire.
● Appeals from Commonwealth Countries: The Privy Council hears appeals from
the Court of Appeal in Commonwealth countries. For example, in Trinidad and
Tobago, appeals from the Court of Appeal are made to the Privy Council. It
serves as the highest court of appeal for legal matters in those countries.
● Location and Composition: The Privy Council is located in the United Kingdom,
and the judges of the UK Supreme Court also serve as judges of the Privy
Council. These judges, who are typically legal experts with vast experience,
preside over the appeals brought before the Privy Council.
● Limited Jurisdiction: The Privy Council's jurisdiction is defined and limited by the
constitution of each country. It can only hear appeals on matters that fall within
the scope of its jurisdiction as directed by the specific country's constitution. For
example, in Trinidad and Tobago, the Privy Council's jurisdiction may include
hearing appeals related to election petitions.

Types of Appeals: There are two types of appeals that can be made to the Privy
Council: "as of right" and "with leave." "As of right" appeals typically involve matters
of constitutional interpretation. In these cases, parties have the automatic right to
appeal to the Privy Council. On the other hand, "with leave" appeals require
permission from the Privy Council to proceed with the appeal. In criminal cases, the
Privy Council is generally reluctant to grant leave unless there is evidence of a serious
miscarriage of justice.

The role of the Privy Council as a court of final appeal provides an avenue for
ensuring legal clarity, consistency, and the protection of constitutional rights within
Commonwealth Caribbean countries.

CARIBBEAN COURT OF JUSTICE

★ Original jurisdiction – The CCJ applies international law rules when interpreting
and applying the provisions of the Treaty of Chaguaramas. The Treaty
establishes the Caribbean Community and Common Market, which aims to
create a single market and economy within the Caribbean region.

“Guardian of the Revised Treaty of Chaguaramas by guaranteeing

accessibility, fairness, efficiency and transparency, delivering clear and just
decisions in a timely manner.”- CCJ website
★ Appellate Jurisdiction – the CCJ also functions as a final appellate court for
member states that have recognized it as such, replacing the Privy Council as
the final court of appeal. The CCJ is located in Trinidad and Tobago but has the
flexibility to sit in any other member state as necessary. it has the power to hear
and decide appeals filed by parties dissatisfied with the decisions of lower
courts.
★ Appointment of Judges: The judges of the CCJ are appointed by a Regional
Judicial and Legal Service Commission. This commission is responsible for
ensuring the independence of the judges, even though they may come from
similar circles, backgrounds, or have shared views. The aim is to maintain
impartiality and professionalism in the court's decision-making.

ORIGINAL JURISDICTION
★ The Revised Treaty of Chaguaramas establishes Caribbean Community and
Common Market Single market and economy: ensuring accessibility, fairness,
efficiency, and transparency in its decisions. It aims to deliver clear and just
decisions in a timely manner, thereby upholding the principles and objectives of
the Treaty.
★ Any individual, company or member nation can bring a matter before the CCJ in
its original jurisdiction
 SM Jaleel & Co Ltd & Guyana Beverages Inc Claimants v The
Co-Operative Republic of Guyana
★ In the case of SM Jaleel & Co Ltd & Guyana Beverages Inc Claimants v The
Co-Operative Republic of Guyana, the matter was brought before the CCJ in its
original jurisdiction. The issue involved a tax levied by Guyana on beverage
containers, which was not imposed on locally made non-returnable containers.
This tax created a competitive advantage for Guyanese manufacturers over
other CARICOM manufacturers, and the claimants argued that it constituted a
discriminatory import duty in violation of Article 87 of the Revised Treaty of
Chaguaramas. The CCJ would hear the case and make a determination based on
the provisions of the Treaty and applicable international law.

THE PRIVY COUNCIL VS THE CARIBBEAN COURT OF

JUSTICE

The highest legal system of all Commonwealth Caribbean countries, with the
exception of Barbados and Guyana, is the Judicial Committee of the Privy Council.
The Judicial Committee of the Privy Council is a vestige of our colonial past. In other
words, that was the Court to which appeals were made from local colonial courts.
Upon independence, and with the agreement of the British government, each of our
Constitutions retained appeals to the Privy Council. Guyana, however, abolished all
appeals to the Privy Council in 1970. Since 2005, both Barbados and Guyana have
used the Caribbean Court of Justice (CCJ) as their final Court of Appeal in lieu of the
Privy Council.
As the- era of colorization came to an end and the British territories obtained their
independence, the services of the Privy Council were no longer required by the
sovereign nations. In 1931 the Statute of Westminster enabled the then independent
Dominions to abolish the appeal to the Judicial Committee if they so wished, and in the
30 years following the end of the Second World War the great majority of the other
overseas territories of the Crown became independent.

The Privy Council is located in the United Kingdom and is manned by judges who are
members of the United Kingdom Supreme Court, the highest court in England, and on
occasion by members of the Courts of Appeal of the Commonwealth Caribbean. The
Caribbean Court of Justice is located in Trinidad and Tobago.
The jurisdiction of the Privy Council is limited by the Constitutions to certain specified
appeals. While the Constitutions may differ in detail, generally speaking, there is a
right of appeal to the Privy Council on all matters genuinely raising questions
concerning:

• the violation of the fundamental rights and freedoms of citizens;

• the interpretation of the provisions of the Constitution;
• all civil matters involving money sums in excess of specified amounts.

Otherwise, an appeal may be made to the Privy Council with the leave of the Court
of Appeal in matters of great public or general importance. The Privy Council also
reserves the jurisdiction on special petition before it, to entertain appeals in criminal
matters including, in particular, appeals by persons sentenced to death.

JURISDICTION OF THE PRIVY COUNCIL

● The jurisdiction of the Privy Council must be discussed in order to understand its
limitations. The Privy Council has limited jurisdictions and it only functions as a
Court of Appeal in a very restricted sense." People who allege the importance
of the Court, often gives it more credit than what it deserves when determining
the appropriate jurisdictions in Common Law cases.

● Appeals to the Privy Council lie at the discretion of the local court in civil
proceedings where the matter at hand is one of 'great general public
importance or otherwise ought to be submitted to her Majesty in Council for
decision.'
● For criminal cases, the Council will not intervene unless it can be shown that
some serious miscarriage of justice has occurred either by a violation of the due
process of law or by a violation of the principles of natural justice or other
serious injustice. Therefore some appeals from the Caribbean can be dismissed
not because they are not substantive but because they fall outside the
jurisdiction of the Privy Council.
● The jurisdiction of the Privy Council bounds it's ruling according to the
precedents established by the House of Lords. The jurisdictions of the Privy
Council can be evidence of the lack of understanding of Caribbean dynamics, like
is the case with the death penalty, an issue that will be addressed later.
 THE CARIBBEAN COURT OF JUSTICE:

The Caribbean Court of Justice (CCJ) was first proposed at the sixth Caribbean Heads
of Government Conference in Jamaica in 1970. It was said to be a critical component
of the Caribbean Single Market and Economy, a Caribbean response to the rapid
process of globalization. The CCJ was designed as a court with dual (both appellate
and original) jurisdiction.

In its original jurisdiction the CCJ will have exclusive jurisdiction to interpret the
Revised Treaty of Chaguaramas and will be the sole arbitrator as it relates to disputes
between participating states, i.e. countries governed by the treaty. Note that in 2018
both Antigua and Barbuda and Grenada had referenda on the CCJ and both
countries voted not to accept the CCJ as their final appellate court.

The CCJ also serves as a court of last resort; the last avenue of appeal for criminal and
civil matters for those in member nations — currently Barbados, Belize, Dominica
and Guyana but with a number of others such as the Bahamas and Jamaica having
long signaled an interest in joining. It’s a recognition by member states that the CCJ is
a better fit for their modern nations than the UK-based PC.

Arguments for the Privy Council/against the CCJ:

1. Good record of accomplishment - quality judgments – wealth of
jurisprudence (it has made decisions in many cases and has thus developed a
vast body of legal reasoning) - good repute. For example, many in the Caribbean
state that they do not want to assume responsibility over the independence of
the judiciary. They claim:
“It would be an extravagance to cut ourselves off from the source of our law
and from the contemporary evolution of a legal system. The Privy Council
gives us the opportunity to benefit from, and contribute to, a common pool of
case law and to keep in touch with a variety of similar legal systems.”
2. History- in existence for many years-the court was institutionalized in 1833
3. Objective and impartial- the court is far removed from the Caribbean and so its
decisions are impartial and made solely on the basis of the law.
4. Risk of political appointment of CCJ judges- small size of Caribbean, friendship
and kinship ties- The judges of the Privy Council on the other hand have no such
ties with persons in the Caribbean.
5. Free to litigants- There is a group in England called the London Group whose
members work closely with the Independent Jamaica Council for Human
Rights.This Group includes persons such as Edward Fitzgerald Q.C. and the
 members are always willing to represent defendants in death penalty cases free
of cost.
6. Human rights oriented- England abolished the death penalty in the 1950s. In
fact all of Europe has been declared a death penalty free zone. Europe’s foreign
policy incorporates recommendations for the abolition of the death
penalty.
7. Well trained, knowledgeable, excellent judges
8. CCJ will be a financial burden on Caribbean governments- we have to repay
the loan borrowed for setting up the court
9. Poor state of local courts- dilapidated buildings, poor infrastructure, slow-
some argue that the money spent on the CCJ would be better spent fixing the
problems associated with our local courts.
10. Foreign investors trust the Privy Council
11.Issue of time- it has been argued that the CCJ has not been properly debated
and we are not ready for it as a final court. There is the suggestion that we
should first try the CCJ as a tier below the Privy Council to see whether it works.
12.The CCJ could become embroiled in political issues which could weaken its
authority

Arguments for the CCJ:

1. Completing the cycle of independence: The argument which is made here is
that the abolition of appeals to the PC and the replacement of that body by the
CCJ will complete the cycle of independence of the countries of the
Commonwealth Caribbean. The point is made with great force that having
attained independence between 30 to 52 years in the case of most
Commonwealth Caribbean countries, the time has now long past when we
should have shed ourselves of our colonial past and the reliance upon Judges
based in London to decide matters coming before our Courts. The foregoing
point has been forcefully expressed by a retired CCJ Judge, Mr. Justice Duke
Pollard in his book entitled “The Caribbean Court of Justice (Closing the Circle
of Independence)” where at pages 126 and 127 he states as follows:
“The genesis of the jurisdiction of the Judicial Committee of the Privy
Council is traceable to the inordinate degree of arrogance associated with the
disposition of royal power in the middle ages. The Judicial Committee of the
Privy Council was perceived as an indispensable attribute of empire and
the judicial symbol of colonialism.” Psychological considerations- Privy
Council is made up of judges who are historically considered
superior-psychological remnant of colonialism-breaking free of all colonial ties
will allow us to develop more confidence in ourselves to enable us to make our
 own final decisions. The Privy Council also wants to get rid of appeals from the
Caribbean. Lord Phillips (head of the UK Supreme Court).
2. Greater Access to Justice: The argument here is that the replacement of the PC
by the CCJ as the final Appellate Court will provide citizens of the
Commonwealth Caribbean countries with much greater access to justice. This
means that they will be able to take their matters to the final Court of Appeal if
they so wish at a much reduced cost. The argument is that appeals to the PC are
extremely expensive and that factor operates as a deterrent to prosecuting an
appeal before that body. If the appeals were to be prosecuted in Port-of-Spain
at the headquarters of the CCJ, then it is more than likely that many more
persons who may be aggrieved by Court of Appeal decisions in The Caribbean
would be in a financial position to approach the CCJ.
3. Intellectual Capacity of the CCJ Judges and Conduct of Hearings: It can be
stated quite emphatically that there is no question that the intellectual capacity
of the Judges in the CCJ compares very favorably with Judges in any jurisdiction
in the world. The ability to analyze legal issues and write carefully crafted
judgments with reasons is not a matter in dispute. The Caribbean has produced
brilliant legal minds for decades.
In addition to the foregoing, the CCJ conducts its proceedings with the dignity
and courtesy which is befitting a final Appellate Court. There is no
manifestation of apparent bias, hostility or badgering of counsel by
members of the Court.
4. Because of the distance from the Caribbean Privy Council judges are
insensitive to Caribbean conditions - they do not understand the culture,
Caribbean realities, jargon, mind set of Caribbean people, context of local
crimes etc. They are from confined social circumstances and they admit that
they are conservative in their judgments because they know very little about the
Caribbean. Lord Hoffman, a judge of the Privy Council, visited Trinidad for the
first time in 2004 and Jamaica for the first time in 2009. He stated that he is not
qualified to deal with our cases because he does not understand our culture.
5. Privy Council is not often used because ordinary people cannot afford it: It is
mostly used for the death penalty and commercial cases. One writer argued
that only the richest (companies) and the wickedest (death penalty cases)
access the Privy Council. The Privy Council hears 10-15 appeals per year from
Jamaica, 15- from Trinidad and very few or none at all from other territories.
6. The CCJ will allow the Caribbean to develop its own jurisprudence and the
confidence to make our own final decisions- Caribbean judges are very
cautious at present because they know that their judgments can be easily
overruled.
7. CCJ will operate as an itinerant court- the judges will move across the
Caribbean and sit in different countries to hear cases from those respective
countries.

Referendum and the CCJ

❖ Groups in civil society have argued that the method being used in Jamaica to
implement the CCJ as a final court is contrary to democratic principles and
repeatedly called on the government to hold a referendum on abolition of
appeals to the Judicial Committee of the Privy Council so that such the
decision will be legitimate.They argue that the termination of appeals to the
Privy Council amounts to the abolition of a right previously held by persons and
so the views of the people should be sought.
❖ The former Jamaican government argued the following:
-A referendum is not required by section 110 of the
Constitution which maintains the right of appeal to the Privy Council as this
is not an entrenched provision. The Privy Council can be removed by a simple
majority vote in both houses.
-In general elections the populace got a chance to indicate by their vote
whether or not they wanted the CCJ.
❖ A referendum is costly
❖ A referendum would cause further divisions along political lines.
❖ Other countries such as New Zealand abolished appeals to the Privy Council
without the use of a referendum
❖ The Privy Council however, gave full support to the arguments for referendum
in the case of Independent Jamaica Council for Human Rights (1998) Ltd &
Others V Hon Syringa Marshall Burnett & Attorney General of
Jamaica (CCJ Case ). On September 30, 2004 the Governor General of Jamaica
gave his assent to three bills, the broad effect of which was to abolish the right
of appeal to the Privy Council and to substitute a right of appeal to a new
regional final court of appeal, the CCJ. The question to be decided by the Privy
Council was whether the procedure adopted in enacting the legislation
complied with the requirements laid down in the Constitution.
❖ The court noted that the preamble to the Agreement Establishing the CCJ
acknowledges a desire to have the court entrenched in the
constitutions of the contracting states. To alter any provision of the Jamaican
constitution which is deeply entrenched, section 49 requires that the Bill must
be passed in the Upper and Lower House by not less than a 2/3 majority of all
the members of each house and the Bill must be approved by the majority of the
electorate. Section 49 notes that this process cannot be circumvented by
 creating a superior court which does not enjoy constitutional protection, that
is, creating the CCJ without it being deeply entrenched. If the court is not
entrenched there is the risk that the governments of contracting states might
amend the CCJ Agreement so as to weaken the independence of the court and
erode the protection given to citizens against governmental behavior. Since the
Bills did not follow the correct procedure they were found to be unconstitutional
and thus void.

SUMMARY:
Arguments for the Privy Council:

1. Experience and Expertise: The Privy Council consists of highly experienced and
distinguished judges from the United Kingdom and other Commonwealth
countries. They possess extensive knowledge and expertise in a wide range of
legal areas, which contributes to the quality and consistency of their decisions.

2. Stability and Precedent: The Privy Council has a long-established tradition and
a rich body of case law, providing stability and certainty in legal interpretation.
The reliance on precedent ensures consistency in the development and
application of the law.

3. Perceived Independence: Some argue that the Privy Council's detachment from
regional politics and its location outside the Caribbean region enhance its
perceived independence. This independence is crucial for ensuring fair and
impartial judgments.

Arguments for the Caribbean Court of Justice (CCJ):

1. Regional Identity and Sovereignty: The CCJ aims to foster a sense of Caribbean
jurisprudence and regional identity. It provides an opportunity for Caribbean
countries to develop their own legal principles and promote regional integration.
The CCJ is seen as a symbol of sovereignty and independence.

2. Accessibility and Cost Efficiency: Proponents argue that the CCJ provides
increased accessibility to justice for Caribbean citizens. As a regional court, it
eliminates the need for lengthy and expensive appeals to the Privy Council in
the United Kingdom. This can lead to more timely and cost-effective resolution
of legal disputes.
 3. Understanding of Local Context: The CCJ's composition includes judges from
the Caribbean region, which enables them to better understand the social,
cultural, and historical context of Caribbean nations. This localized perspective
may contribute to more nuanced and contextually appropriate decisions.

4. Promoting Regional Legal Development: The CCJ has the potential to develop
a distinct Caribbean legal jurisprudence that reflects the unique needs and
challenges of the region. It can contribute to the development of regional legal
principles and the harmonization of laws among member states, fostering
greater legal integration.

DEATH PENALTY:
1. The Universal Declaration of Human Rights recognizes each person’s right to
life and states that “[n]o one shall be subjected to torture or to cruel,
inhuman or degrading treatment or punishment.” Article 6 of the
International Covenant on Civil and Political Rights (ICCPR) also guarantees
the right to life. While it allows for the use of the death penalty in countries
that have not abolished it, it sets out prohibitions and restrictions on its use
and states that “[n]othing in this article shall be invoked to delay or to
prevent the abolition of capital punishment by any State Party to the
present Covenant”(Article 6(6)).
2. The UN Human Rights Committee has observed that Article 6 “refers generally
to abolition in terms which strongly suggest that abolition is desirable”, and
that “all measures of abolition should be considered as progress in the
enjoyment of the right to life”. Similarly, Article 4 of the American Convention
on Human Rights allows for the imposition of the death penalty in restricted
circumstances and urges countries that have abolished this punishment not to
reintroduce it.
3. Presented to us by the British on independence as a model for all colonies.
Influenced by the European Convention on Human Rights (1950) and the
Universal Declaration on Human Rights (1948).

Influence of the Privy Council on the development of the common law on

human rights
4. Influence of the Saving Clauses Rule- preservation of rules in place – if a law
existed prior to independence it remains valid after independence even if found
by the Court to be in conflict with the constitutional rights and freedoms

Influence of International Treaties by the UN, OAS

Fundamental Rights

A. the right of the individual to life, liberty, security of the person and enjoyment of
property and the right not to be deprived thereof except by due process of law;

B. the right of the individual to equality before the law and the protection of the law;

C. the right of the individual to respect for his private and family life;

D. the right of the individual to equality of treatment from any public authority in the
exercise of any functions;

E. the right to join political parties and to express political views;

F. the right of a parent or guardian to provide a school of his own choice for the
education of his child or ward;

G. freedom of movement;

H. freedom of conscience and religious belief and observance;

I. freedom of thought and expression;

J. freedom of association and assembly;

K. freedom of the press

THE DEATH PENALTY AROUND THE WORLD

Belarus is the only country in Europe and Central Asia to execute people. Out of the 54
member states of the African Union, an average of five countries a year are known to
have implemented death sentences in recent years. In Asia and the Middle East,
regions accounting for the majority of the world’s executions, signs of progress
towards reducing the use of the death penalty have been recorded year by year. In the
Americas, the English-speaking Caribbean, Cuba, Guatemala, Suriname and the USA
retain the death penalty in law. The vast majority of countries in the region have either
completely abolished the death penalty or retained it only for exceptional crimes
(Bolivia, Brazil, Chile, El Salvador and Peru). Only the USA continues to execute
people, although even there, four states abolished the death penalty between 2007
and 2012

4. Countries of the Caribbean are facing a worldwide trend. While an increasing

number of countries around the world are turning their backs on the death penalty–
Antigua and Barbuda, the Bahamas, Barbados, Belize, Dominica, Guyana, Grenada,
Jamaica, St Lucia, St Kitts and Nevis, St Vincent and the Grenadines, and Trinidad and
Tobago –continue to support its retention.

5. The death penalty remains mandatory for murder in Barbados and Trinidad and
Tobago and for treason in Barbados. In violation of international standards, judges
passing sentences on people convicted of murder are, therefore, unable to take into
account the defendant's personal circumstances or the circumstances in which the
offense was committed. In 2009, the Barbadian authorities pledged to abolish the
mandatory death penalty in 2009 in order to comply with two Inter-American Court of
Human Rights landmark judgments. On 2 October 2011, the Attorney General and
Minister of Home Affairs was reported in the local press as saying that he expected
necessary legislative changes to be finalized by the end of 2011. However, at the time
of writing, the proposed legislation remained pending before Parliament.

6. By mid-2012, 140 countries had abolished the death penalty in law or practice and
the global trend is unmistakable. In 1945, only eight countries had removed capital
punishment from their legislation for all crimes; by 2012 that number had risen to 97.

7. In December 2007, 2008, and 2010, the UN General Assembly passed resolutions
calling upon member states to establish a moratorium on executions with a view to
abolishing the death penalty. Several countries in the Americas region have reaffirmed
their commitment to the abolition of the death penalty by signing and ratifying the
Second Optional Protocol to the International Covenant on Civil and Political Rights,
aiming at the abolition of the death penalty, and the Protocol to the American
Convention on Human Rights to Abolish the Death Penalty. Caribbean countries have
consistently opposed such international initiatives for worldwide abolition and
continue to do so.

8. While the world is moving away from the death penalty, decision-makers in ESC
countries continue to present the death penalty as a solution to crime while failing so
far to effectively address the root causes of rising violent crime and overhaul ailing,
inadequate criminal justice systems. Some governments in those countries have even
proposed legislation aimed at facilitating the implementation of the death penalty in
 recent years. However, arguments that the death penalty is necessary to reduce violent
crime are not supported by the facts; scientific studies have consistently failed to find
convincing evidence that the death penalty deters crime more effectively than other
punishments.

9. The debate on capital punishment in the Commonwealth Caribbean is driven by a

variety of factors. In the first case, over the last decade or so, there has been an
alarming rise in homicide rates in the region. The UN Office on Drugs and Crime
(UNODC), in its first-ever global study on homicide, recorded appalling murder rates
for CARICOM States for 2010. Jamaica was highest at 52.1 murders per 100,000
persons, followed by Belize with 41, St Kitts and Nevis at 38, Trinidad and Tobago
35.2, The Bahamas 28.0, and Saint Lucia 26.2. Guyana came in at 18.4.

10. These alarming homicide rates are fueled by gang-related killings, the economic
and financial crisis that has gripped the world, and drug-trafficking. Paradoxically,
while homicide rates are rising in the region, they are decreasing in many countries,
mainly in Asia, Europe, and Northern America.

THE DEATH PENALTY AND ITS IMPEDIMENTS

FOR AGAINST

MURDER RATE: Irreversible Error

Some argue that the death penalty serves as an
effective deterrent against crime.
The main argument for the death penalty in Jamaica
turns on the country’s high murder rate.
Pro-death penalty sentiment runs strongest when
there are high profile murder cases, and where there is
a spike in heinous crimes – as is currently the case.
But, bearing in mind that Jamaica’s murder rate is
invariably at a frightening level, many people argue
that the society needs an effective deterrent; they see
capital punishment as that deterrent, or hope that it
can be.
There is also a majoritarian argument in support of the
death penalty. True, there is substantial opposition to
In light of these realities, opponents of the death
penalty face – admittedly – an uphill struggle in
Caribbean society. One argument they present is
based on the possibility of a mistake. The justice
system, it is sometimes argued, cannot provide
the assurance that it will always present the
correct person at the gallows. This must be true.
Even in the most efficient systems, there are
instances of error. And when the error is made,
then, obviously, it is irreversible and shocking. In
some cases in the United States of America,
DNA evidence has been used to demonstrate
the innocence of several persons on death row,
and in other instances, one wonders if the
execution of persons is driven more by the desire
the sentence among the intelligentsia, and in some for catharsis than by certainty as to the
church communities, but most Jamaicans still wonder identification of the murderer.
why the sentence is not carried out, given the rampant
and callous disregard for life that is daily in evidence.
The majoritarian perspective has no doubt influenced
some Parliamentarians who voted in 2008 to retain
capital punishment. In a democratic polity which, by
definition, attaches some importance to the majority
will, the Parliamentary response is not surprising. If
Parliamentarians openly defy the popular view on the
highly charged matter of the death penalty, this could
have obvious electoral consequences.

Politicians - Jamaica Morality

Many people in Jamaica support the death penalty
due to a widespread belief that it reflects the
majority will and public opinion.
But this is not to suggest that the politicians are
simply looking over their shoulders at the majority's
will, though some may well be. In the 2008
Parliamentary vote in the House of Representatives,
34 members voted for retention of capital punishment,
while 15 were against it; in the Senate, the division
was 10 to 7, with the majority in favor. In 1979, when
an earlier conscience vote was taken, 24 members
opted to retain hanging as against 19 who opposed it
This breakdown suggests that, as far as the ultimate
sanction is concerned, not all Parliamentarians regard
the popular will as decisive. Nor should it be: the
majority will may be a factor in the decision, but
cannot be the only consideration. Our Parliamentarians
have a duty to consider all the arguments before
reaching their conclusion.
Some opponents of the death penalty also
condemn the sentence on moral grounds. The
death penalty, they submit, is unquestionably
wrong, and it is wrong in all circumstances. It is
barbaric, pointless and must be opposed by all
lawful means. This view, consistently presented
over many years by Amnesty International, has
recently received strong support from United
Nations Secretary-General Ban Ki-Moon.
Declaring that the death penalty is "simply
wrong", the Secretary-General emphasized that:
"I will never stop calling for an end to the death
penalty" (United Nations, November 4, 2015).

Revulsion Inhuman or degrading punishment: The Privy

Supporters argue that the death penalty demonstrates Council has raised concerns about the potential
society's strong condemnation of murder and the inhuman or degrading treatment associated with
determination to fight it. long delays on death row.

In this context, there are at least two additional

arguments that are appealing to some citizens across
the Caribbean. One is that the penalty serves to
register the society’s sense of revulsion to murder.
Within this perspective punishment must reflect not
only deterrence and the prospect of rehabilitation; it
must also emphasize that society rejects murder, and
is determined to fight it with decisive measures. This
view – sometimes associated with Lord Denning,
among others – is offered partly in response to
abolitionists who maintain that the death penalty is
not a deterrent.

The Bible
Secondly, it is fair to suggest that many Jamaicans
continue to support the death penalty by reference to
Biblical assertions. Specifically, reference is often
made to Mosaic principles relating to "a life for a life";
and in this context the lex talionis, as set out in
Leviticus 24 (verse 17), is occasionally called in aid:
"Whoever kills any man shall surely be put to death . .
."

The approach based on the lex talionis is not

convincing. In the first place, Old Testament strictures
relating to a life for a life are themselves linked to
disfigurement as a form of punishment. The relevant
passage in Leviticus 24 on a life for a life also states
that: "If a man causes disfigurement of his neighbor . . .
so shall it be done to him – fracture for fracture, eye for
eye, tooth for tooth."

No humane, liberal justice system could today justify

principles of punishment based on pure brutality in
return for brutality. And accordingly, we should not
expect the Old Testament pronouncements on a life
for a life to present literal guidance in sentencing
policy for modern Jamaica.

Moreover, if we accept the premise that the laws of

Caribbean states should follow Biblical precepts, the
life for a life approach encounters difficulties with the
New Testament which, to put the matter at its
minimum, does not support the brutal retaliation –
turning the other cheek is conceptually different from
the lex talionis.

International Law

Jamaica maintains that international human rights

treaties do not expressly or implicitly prohibit the
death penalty, and it is considered an internal matter
for each state.

The Jamaican position was perhaps most clearly

articulated in its Statement on the subject to the Third
of the 62nd Session of the General Assembly on 12
December 2007. In that Statement, Jamaica
maintained that:

A. The Universal Declaration of Human Rights of 1948

does not expressly or implicitly prohibit the penalty.
B. Several States which supported the Universal
Declaration of Human Rights accepted that everyone
has the right to life, but this has not prevented these
States from retaining the death penalty.
C. The International Covenant on Civil and Political
Rights (the ICCPR) (1966), which is binding on
Jamaica, does not expressly or implicitly prohibit the
death penalty.

D. The ICCPR expressly states that countries which

have not abolished the death penalty should adhere to
certain preconditions before carrying out executions.
As long as these preconditions are satisfied, the
penalty is allowed in International Law.
E. There is a treaty which is open to all States that
wish to abolish the death penalty. This is the Second
Optional Protocol to the ICCPR. As long as a State
does not ratify this treaty, the State will not be legally
required to terminate executions. Jamaica has not
ratified this treaty.
F. The death penalty is an internal matter for each
State. Jamaica, in keeping with its sovereignty and
self-determination, reserves the right to carry out the
death sentence. This is true for several countries in the
world.

MAIN CASES:

We may list in summary form the way the law relating to the death penalty has
developed with reference to the guarantee against inhuman or degrading punishment
or other treatment.

NAME DETAILS

Pratt and Morgan v. The Attorney
General of Jamaica and Another (1993)
Privy Council held that if a person
sentenced to death remained on death
row for more than five years, it was to be
presumed that it would be inhuman or
degrading punishment or treatment to
execute that person. If this presumption
were not rebutted by the State, then the
convict would have the death sentence
commuted to life imprisonment. The
Pratt and Morgan decision was the
subject of considerable criticism within
the Caribbean, largely on the basis that
the Privy Council did not appear to
appreciate the callous disregard for life
evident in certain countries of the Region.
Neville Lewis et al v. The Attorney
General of Jamaica (2000)
Trilogy of cases decided in 2002 - Reyes
v. R, R. v. Hughes, and R v. Fox
Lambert Watson v. R, a case from
Jamaica
The Privy Council relied on the Pratt
Morgan decision, but appeared to go
further by treating the five-year
presumption as a rule. Thus, if a person
sentenced to death remained on death
row for more than five years, the
sentence of death was to be
automatically commuted to life
imprisonment. The Jamaican Charter of
Fundamental Rights and Freedoms has
overturned the five-year approach to
delay adopted by the Privy Council in the
Pratt and Morgan line of cases. Today,
therefore, even if the period between
sentencing and execution exceeds five
years, the convict may be executed in
Jamaica. Barbados has also overturned
the Pratt and Morgan approach to the
question of delay.
The Privy Council struck down the
mandatory death sentence as applied in
Belize, St Lucia, and St Kitts-Nevis,
respectively. In these cases, the Privy
Council held that the mandatory death
sentence - an approach in which the
judge had no discretion in capital murder
cases - amounted to inhuman or
degrading punishment or treatment. The
reasoning of the court was that the
mandatory death sentence did not allow
judges to treat murder convicts as
individuals for purposes of sentencing.
The Privy Council followed Reyes,
Hughes, and Fox. In this case, one
question was whether Jamaica's
pre-Independence death penalty law
was saved in the post-Independence

Charles Matthew v. The State (from
Trinidad and Tobago) and Boyce and
Joseph v. R (from Barbados)
Daniel Dick Trimmingham v. R, a case
from St Vincent and the Grenadines
period. The Privy Council held that it was
not saved because Parliament had
amended Jamaica's death penalty law in
1992. Amendment meant that a new law
was put in place; this new law was not
saved. This new law - not saved — could
be struck down as it amounted to
inhuman or degrading punishment or
treatment.
The Privy Council held that the
mandatory death penalty as applied by
these two countries was saved. This was
so because the mandatory death penalty,
which required judges to sentence all
murder convicts to death, had been in
place before Independence, and had not
been amended since the date of
Independence in either country.
One result from the foregoing cases is
that in Trinidad and Tobago and
Barbados, the death penalty is
mandatory. In the other Commonwealth
Caribbean, the judge will have discretion
whether the person convicted of capital
murder is to be executed. With respect to
the latter countries, the Privy Council has
clarified the circumstances in which
judges may deliver the death sentence.
The Privy Council held that the death
sentence should be reserved for the
"worst of the worst" and the "rarest of
the rare" murders. The court also held
that the death sentence should be
confined to instances in which there was
no possibility of redemption for the
murderer. In Trimmingham, the murder in
question was quite brutal, but the Privy
Council found that it did not come within
the categories of "worst of the worst"
and "rarest of the rare". It is, therefore,
unlikely that lower courts will readily find
that particular capital murder cases
should give rise to execution.
 GOVERNANCE

EVOLUTION OF W.I GOVERNMENT: Colonialism, Crown Colony Government to the

Moyne Commission

❖ Patterns of Colonialism

1. The fundamental basis upon which the colonial State rested was the philosophy of
domination.

2. Colonialism was defined by Kwame Nkrumah as:

"The policy by which the 'mother country,' the colonial power, binds her colonies
to herself by political ties with the primary object of promoting her own economic
advantages."

3. The political traditions of the Commonwealth Caribbean islands reflect the diverse
ways in which they were brought into the British Empire and administered, as well
as the dominant political views in London at the time of their incorporation.

4. Three patterns emerged: one for colonies settled or acquired before the
eighteenth century; another for colonies taken during the Seven Years War
(1756-63) and ceded by France in 1784; and a third for colonies conquered in the
late eighteenth and early nineteenth centuries.

5. The first group—Barbados, the Bahamas, the Leeward Islands, and

Jamaica—developed during the early attempts to found colonies. These territories had
representative assemblies based on the bicameral system of the mother country.

- The electoral franchise was extremely restricted, vested in a few wealthy male
property holders.
- Power was divided between the governor, responsible for executing laws, and
the assembly, responsible for making laws.
- The assembly retained the right to pass all money bills, including the
governor's pay, allowing them to obstruct legislation and control new officials.

6. Dominica, Grenada, St. Vincent, the Grenadines, Tobago, and St. Lucia were
brought into the British Empire between 1763 and 1814 through various means.
7. Trinidad and St. Lucia were brought into the empire in 1797 and 1814, respectively,
under direct British rule through appointed officials known as the "crown colony"
government.

8. The Morant Bay Rebellion in Jamaica in October 1865 led to the end of the old
representative assemblies, and a crown colony government was established.

British Acquisition of Caribbean Territories

• Dominica, Grenada, St. Vincent and the Grenadines, Tobago, and St. Lucia were
incorporated into the British Empire between 1763 and 1814.
• Grenada and the Grenadines were taken by the British during the Seven Years War
and were ceded by France at the war's end.
• St. Vincent became a British possession through the 1783 settlement between
France and Britain.
• Tobago, Dominica, and St. Lucia were acquired by the British during the Napoleonic
Wars and were ceded in 1803, 1805, and 1814, respectively.

British Imperial Rule and Governance in Trinidad and St. Lucia

Establishment of British Rule:
• Trinidad was brought under British rule in 1797, while St. Lucia came under British
control in 1814.
• The British government, aware of the challenges faced with local planters'
assemblies, granted significant powers to the royal governors.
• The royal governors were given near-autocratic authority to govern the territories.

The Morant Bay Rebellion in Jamaica (October 1865) and its Key Players
• The Morant Bay Rebellion took place in October 1865 in Jamaica.
• It marked the end of the old representative assemblies in Jamaica.
• The rebellion was actually a protest by rural black peasants in the southeastern
parish of St. Thomas.
• The conflict had clear racial and religious overtones.
• The main figures involved were George William Gordon and Paul Bogle, who were
black Baptists.
• They were pitted against the custos (the senior vestryman) named Baron Maximilian
von Ketelholdt, a German immigrant.
• Other opponents included the rector of the established church, Reverend S.H. Cooke,
and the governor of the island, Edward John Frye.
• Edward John Frye was described as a hostile, incompetent individual with limited
intelligence but had long service in minor colonial posts.

Governor Eyre's Violent Actions in Jamaica

• Governor Eyre issued orders for the execution of around 500 peasants, brutal
flogging of 600 individuals, and the burning of 1,000 houses.
• These actions were carried out by the troops and the Maroons, who were
descendants of former runaway slaves and had a legal treaty with the government.
• As a result, the government violated its agreement with the Maroons and inflicted
severe harm on the local population.
• In December, the Jamaica Assembly dissolved itself, paving the way for the
establishment of crown colony government.

Plantation Oligarchy Refuses to Share Power

• The act mentioned represents the final stance of the old planter oligarchy.
• It symbolizes their unwillingness to participate in a democratic system and share
political power with emerging groups.
• The old planter oligarchy wanted to maintain their control and authority without
allowing the inclusion of new voices or groups in the political process.
 ❖ Crown Colony Government – Introduction

1. Trinidad and St. Lucia were the first two Crown Colonies in the British West Indies.

2. Trinidad was surrendered by the Spanish to a British expedition in 1797, and St.
Lucia was captured by the British from the French in 1803.

3. Both colonies became Crown Colonies in which the Governor ruled directly on
behalf of the Crown, and elected representation was suppressed.

4. The principle of nomination was the hallmark of the Crown Colony Government.

5. In 1884, elected representation was restored in Jamaica on a minority basis in

relation to the nominated members in the Legislature, known as the New
Representative System.

❖ The Restoration of Elected Representation in Jamaica and British West Indian

Territories
1. In 1884, elected representation was restored in Jamaica on a minority basis in
relation to the nominated members in the Legislature.
2. This was known as the New Representative System.
3. This was copied from 1924 in the other British West Indian territories after the
visit of Major E.F.L. Wood, Parliamentary Under-Secretary of State for the
Colonies, who toured the British West Indies in 1921-22.
4. Major Wood recommended the re-introduction of elected representation in the
legislatures of the British West Indies on a minority basis in relation to
nominated membership.
5. He also recommended that this position should be reversed gradually over time
to permit majority elected representation in relation to nominated membership
of legislatures.

❖ The Moyne Commission 1938-39

The Moyne Commission, also known as the Royal Commission on the West Indies, was
appointed by the British government in response to the social uprisings that occurred
in the British West Indies during the mid-1930s. The purpose of the commission was
to investigate the circumstances surrounding these events and make recommendations
for reforms to address the issues that led to the unrest.
2. The Commission recommended the introduction of universal adult suffrage, an
increase in elected membership of legislatures;this meant that more
representatives should be elected by the people to have a voice in the
decision-making processes of the government. Additionally, the commission
proposed the introduction of elected members into the Executive Councils, which
were advisory bodies to the colonial governors. This would have allowed elected
representatives to have a role in the executive branch of the government and
participate in policy-making.

3. The Commission was uncertain about the prospect of a Federation but felt that an
attempt should be made despite its misgivings. A Federation refers to the idea of
combining multiple colonies or territories into a single political entity with a central
government. While the commission had reservations about the feasibility and
effectiveness of a Federation, they believed it was worth exploring as a potential
solution to some of the challenges faced by the British West Indies.

❖ West Indian Federation

The West Indian Federation was a political entity that existed from 1958 to 1962,
comprising ten British territories in the Caribbean region. As a federation, it aimed to
foster unity and cooperation among these territories, which included Jamaica, Trinidad
and Tobago, Barbados, and others. The formation of the federation was seen as a
significant step towards regional integration and self-governance. However, the
federation faced several challenges, including internal political tensions, economic
disparities among member states, and the resistance of some territories to
relinquishing their autonomy to a central authority.

1. A conference to discuss the prospect of a West Indian Federation was convened in

Montego Bay, Jamaica in 1947.

2. A Standing Closer Association Committee was formed to recommend to the British

Government whether a federation was a desired policy initiative in the West Indies.

3. By 1953, the Committee recommended a federation with a weak center and strong
individual units.

4. The British Caribbean Federation Act was passed in 1956, and the federal elections
were held in 1958.
5. The Federation consisted of various territories, but Jamaica opted for its own
independence through a referendum.

❖ The Jamaican Referendum

The Jamaican referendum refers to a significant event in Jamaica's political history that
took place on September 19, 1961. The referendum aimed to determine whether
Jamaica would remain a part of the West Indies Federation or pursue independence as
a separate nation. The West Indies Federation was a political union formed in 1958,
comprising several British Caribbean territories, including Jamaica.

In the referendum, Jamaican citizens were given the opportunity to vote on the future
of their country. However, the outcome was rather surprising. The majority of
Jamaicans voted against continuing as a part of the West Indies Federation, expressing
a desire for independence. This result was influenced by various factors, including
concerns about economic disparities within the federation, a perception that Jamaica's
interests were not adequately represented, and a growing sense of national identity
and self-determination. As a result of the referendum, Jamaica subsequently pursued a
path towards independence, which it achieved on August 6, 1962, becoming a
sovereign nation.
• The Opposition party in Jamaica (the J.L.P.) was opposed to Jamaica becoming part of
an independent ​Federation and preferred Jamaica to seek its own independence.
• The Premier, Norman Manley, agreed to a referendum ​among the Jamaican electorate
on the ​subject.
• The result of the referendum was a narrow victory for ​secession from the Federation
by Jamaica.
• Jamaica opted to proceed to its own independence.

❖ The Demise of the Federation

1. In January 1962, Trinidad and Tobago announced its withdrawal from the
Federation.

2. The Federation was terminated in April 1962, and Jamaica and Trinidad and Tobago
proceeded to their own independence.
 ❖ The Little Eight and Associated Statehood

1. The British Government attempted to pursue a policy for the remaining eight
colonies to become a mini-federation, but this failed as Barbados proceeded to its own
independence in 1966.

2. In 1967, the concept of Associated Statehood was introduced for six of the
remaining seven colonies in the former Federation.

3. Montserrat was returned to direct colonial rule, while associated states enjoyed full
internal self-government but Britain retained control over citizenship, defense, and
external affairs.

4. The associated states were free to determine when they wanted their independence.

❖ Independence

1. Grenada - 1974
2. Dominica - 1978
3. St. Lucia - 1979
4. St. Vincent & the Grenadines - 1979
5. Antigua & Barbuda - 1981
6. St. Kitts - Nevis - 1983

NOT APART OF FEDERATION:

7. Guyana (formerly British Guiana) - 1966

8. The Bahamas - 1973
9. Belize (formerly British Honduras) - 1981

PARLIAMENTARY & PRESIDENTIAL SYSTEMS OF GOVERNMENT & THE

WESTMINSTER SYSTEM OF GOVERNMENT IN THE CARIBBEAN
Reading: Section II Westminster/Whitehall Systems

SYSTEM DESCRIPTION

Parliamentary Government ● The executive is not separated from the legislature. The members
of the council of ministers are the members of the legislature.
 ● The executive is accountable to the legislature. The executive loses
power when it loses the confidence of the legislature.
● In the Parliamentary government, one person is the head of state
while another person is the head of government.
● In the Parliamentary systems, the Prime Minister is most powerful.
● In the Parliamentary system, the Prime Minister can appoint only
the members of parliament as ministers.
● In the Parliamentary system, the tenure of the executive is not
fixed. The Council of Ministers is dismissed if it loses the confidence
of the legislature before its tenure is over.
● The Parliamentary government is more democratic because the
executive (council of ministers) is accountable to the legislature
(Parliament).
● There is less separation of powers in the Parliamentary
government.
● During war and other emergencies, the Parliamentary government
is relatively less effective and successful.

Presidential Government ● The executive is completely separated from the legislature. The
members of the executive are not the members of the legislature.
● The executive is not accountable to the legislature. The legislature
cannot remove the executive from power through a no-confidence
motion.
● In the Presidential government, the same person is the head of
state as well as the head of government.
● In the Presidential system, the President is most powerful.
● In the Presidential system, the President appoints persons from
outside the legislature as ministers.
● In the Presidential system, the executive has a fixed tenure.
Normally, the executive head (President) stays in power for the
whole term. It is not easy to remove him from power through
impeachment.
● The Presidential government is democratic because the executive
(President) is not accountable to the legislature.

DIFFERENCES: ● In the Parliamentary form of government, there are two heads. One
is a nominal head while another is the real head. For example, in
Trinidad and Tobago, the President is the nominal head while the
Prime Minister is the real head. The President of T&T is the head of
 state while the Prime Minister is the head of government. But in
the Presidential form of government, there is only one head. The
President of America is the head of state as well as the head of
government.
● In the Parliamentary system, the Council of Ministers headed by the
Prime Minister is responsible to the legislature. But in the
Presidential type, the President and his ministers are not directly
responsible to the legislature.
● In the Parliamentary type, the Council of Ministers will lose office if
it loses the vote of confidence/no confidence. But in the Presidential
type, the President cannot be ousted from power by a vote of
no-confidence. He can be removed from office through
impeachment, which is much more difficult than the vote of
confidence/no confidence.
● In the Parliamentary system, the government does not enjoy a fixed
tenure. For example, in T&T, the government can stay in power for
five years. But any time during this period, the government can be
removed from power through a vote of no-confidence. In the
Presidential system, the President generally has a fixed tenure
because it is not easy to impeach him.
● There is no strict separation of powers in the Parliamentary type.
The ministers are also members of the legislature. But in the
Presidential type, the principle of separation of powers is strictly
followed. In the US, the President and his Ministers (Secretaries)
are not members of the Congress.
● In the Parliamentary system, the Prime Minister is not fully free to
choose his ministers. He has to choose them from among the
members of Parliament. But in the Presidential system, the
President enjoys much more freedom in selecting his ministers. He
selects them from a much wider field, taking into account their
experience and expertise.
● At the time of crisis, the Presidential executive is more successful in
taking prompt and bold decisions than the Parliamentary
government.
● The Presidential system of government provides more political
stability than the Parliamentary form of government.
● As the government in the parliamentary system is responsible to
the Parliament, it is more democratic and respectful of public
 opinion than the Presidential executive, which is not responsible to
the legislature.

The Westminster-Whitehall The following quotation summarizes the essence of the creation of the
Model in the constitutional systems of government in the Commonwealth Caribbean:
Commonwealth Caribbean
"...[I]t is widely supposed that British policy, if it has ever had any long
term aims at all, has throughout the centuries of imperial rule - 'the
Commonwealth experience' - been at pains to establish, even to
impose, in the dependencies of the Crown a Westminster model,
irrespective of local wish or circumstance: that the Mother of
Parliaments was concerned to spawn a brood of little Westminsters
and to export them to the colonies. Though this is the common
currency of contemporary British politicians, and of British
schoolmasters, it seems on investigation to be substantially quite
untrue." (A. F. Madden, Journal of Imperial and Commonwealth History,
Vol. 8 (1) 1979).

The Westminster model has been described as a constitutional system in

which the head of state is not the effective head of government; in which
the effective head of government is a Prime Minister presiding over a
Cabinet composed of Ministers over whose appointment and removal he
has at least a substantial measure of control; in which the effective
executive branch of government is parliamentary in as much as Ministers
must be members of the legislature; and in which Ministers are
collectively and individually responsible to a freely elected and
representative legislature. (S. A. de Smith, The New Commonwealth and
its Constitutions. London, Stevens and Sons, 1964, pp. 77-78.)

The Westminster system, also known as the British parliamentary

system, has had a significant influence on the political systems of many
Commonwealth Caribbean countries. It is a model of governance that is
based on the principles and practices of the British Parliament and places
a strong emphasis on representative democracy, the rule of law, and
separation of powers.
Whitehall Model:

The Whitehall model is the name that has been given to the systems of government
that were established in the Commonwealth Caribbean when the various territories
were granted their independence by Great Britain. While the title was given to these
 systems of government by Leslie Wolf-Phillips (Parliamentary Affairs, Vol. 37(4),
1984), the structure was further researched by Hamid Ghany for his doctoral
dissertation at the London School of Economics and Political Science.

All of the constitutions in the Commonwealth Caribbean are written.

There are five basic tenets of the Westminster-Whitehall model. These tenets are:

(1) A Bill of Rights in the Constitution.

(2) A unique bicameral system.
(3) A more rigid separation of powers.
(4) Codification of Westminster constitutional conventions.
(5) The entrenchment of constitutional provisions.

TENETS DESCRIPTION

A Bill of Rights in the 1. The inclusion of a Bill of Rights in the Constitution recognizes,
Constitution declares, and protects the fundamental human rights and
freedoms of the citizen.
2. The citizen is empowered to challenge the State on the ground
that his/her human rights have been, are being, or are likely to
be infringed.
3. The courts are empowered to overturn legislation or actions by
the State that are deemed to be unconstitutional.

Unique Bicameralism 1. There are 12 independent countries in the Commonwealth

Bicameralism refers to a
system of government or
legislative body that consists
of two separate chambers or
houses. In a bicameral system,
the legislature is divided into
two distinct bodies that work
together to pass laws, provide
oversight, and carry out other
legislative functions.
Caribbean, and 8 of them have bicameral systems.
2. The 4 unicameral ones cannot be compared to the Westminster
model in the U.K.
3. The 8 bicameral ones are different from the U.K. insofar as (1)
Caribbean Senators do not enjoy security of tenure; (2) all
Senators must vacate office at the next dissolution of
Parliament.
4. In the Westminster model in the U.K., members of the House of
Lords have security of tenure and they do not vacate their seats
until death.
5. Of the 54 countries in the Commonwealth, 18 of them have
bicameral systems, and 8 are in the Commonwealth Caribbean.
More Rigid Separation of 1. The only similarity between the Commonwealth Caribbean and
Powers the Westminster model in the U.K. is the overlap between a
majority in the elected House and the formation of the
Executive branch of government.
2. In the U.K., the House of Lords is both a legislative and a
judicial body.
3. In the U.K., the Lord Chancellor is a Cabinet Minister, Officer in
the House of Lords, and the Head of the Judiciary.
4. In the Commonwealth Caribbean, there is an Attorney General
in Cabinet, a President of the Senate to preside over the Upper
House, and a Chief Justice as the head of the Judiciary.

Codified Constitutional 1. Most Commonwealth Caribbean countries have U.K.

Conventions constitutional conventions written into their constitutions.
2. The effect is to create rigidity and also forced choice for
interpretation between competing views.
3. An example of rigidity relates to the motion of no confidence
against Prime Minister Erskine Sandiford in Barbados in 1994.
4. An example of forced choice between competing
interpretations relates to the power of dissolution in St. Lucia,
St. Vincent and the Grenadines, and Belize in relation to the
rest of the Commonwealth Caribbean.

Entrenched Provisions 1. There is no written constitution in the U.K. and, therefore,

nothing to entrench.
2. All of the Constitutions in the Commonwealth Caribbean have
entrenched provisions that protect them from easy amendment.
3. There are three main types of entrenchment procedures.
4. Special majorities in the Parliament for Bills seeking to amend
the Constitution.
5. Time delay procedures for Bills seeking to amend the
Constitution.
6. Post-parliamentary referenda for Bills passed by Parliament
seeking to amend the Constitution.

Political : Political Culture & Socialisation 

Political culture - the attitudes, feelings, ideas, and values that people have about
politics, government, and their own role, and more generally about authority in all its
various forms. When this happens, then every country has a political culture.
Essentially, political culture is the aggregate attitudes of members of a society
towards the institutions of rule and how they should operate

Political Behaviour - Subset of human behaviors that involves the use of power
Politics - who gets what, when, how (Lasswell) 
Behaviour - action

Mass public: Refers to the general public, the recipients of policies rather than the
policymakers themselves.
Political Elite: Typically includes elected or appointed officials at various levels,
ranging from mayors to Supreme Court justices. It can also encompass media outlets,
political parties, and interest groups.
Mass political behavior: Describes the actions of ordinary citizens in the peaceful
process of determining the distribution of power and resources in society.

Examples of Mass Political Behaviors:

● Voting: Exercising the right to vote in elections.
● Voicing opinions: Engaging in activities such as calling representatives, signing
petitions, and discussing politics.
● Participating in a campaign: Involvement in campaign activities, such as stuffing
envelopes, making phone calls, and providing financial support.
● Protesting for a cause: Engaging in protests, strikes, sit-ins, marches, and
demonstrations to advocate for specific issues or causes.
● Political party activities: Participating in activities organized by political parties,
such as attending rallies, canvassing, or volunteering for campaigns.
● Interest group activities: Involvement in activities organized by interest groups,
such as lobbying, advocacy, and grassroots mobilization efforts.

Political Culture does not mean Public Opinion 

● Political culture encompasses more than just public opinion and influences
acceptable political action and discourse.
● Political culture is long-lasting, stable, and spans across generations.
● The core of political culture lies in the shared understanding of citizens' rights,
obligations, and the rules for participating in the political process.
● Political culture is not based on agreement or disagreement on specific issues.
Attitudes To Political And National Institutions
● In 1963, political scientists Gabriel Almond and Sidney Verba studied five
democratic countries (Italy, Germany, Mexico, USA, and UK) and proposed three
models of political culture in their book "The Civic Culture: Political Attitudes
and Democracy in Five Nations."

● Political culture is influenced by three main factors: awareness of government,

expectations of government, and political participation.

● There are three types of political culture:

    1) Parochial cultures have low levels of awareness, expectations, and
participation (e.g., Mexico).
2) Subject cultures have high levels of awareness and expectations but low
participation (e.g., Italy and Germany).
3) Participatory cultures have high levels of awareness, expectations, and
participation (e.g., USA)

Parochial Culture 
● Parochial culture refers to a type of political culture where citizens have limited
interest and knowledge about the political system.
● In parochial cultures, people do not have high expectations of the government
and do not actively participate in politics because they perceive it as an
exclusive domain of the elite.
● People in such societies view the government as primarily enforcing its own
rules, leading them to avoid politics whenever they can.

Subject Culture 
1. Citizens in this model primarily focus on the political system and its policies.
2. They expect the government to take positive actions but are not politically active
themselves.
3. There is minimal interest or involvement in political parties or considering
themselves as active participants.
4. Politics is viewed as a domain for the elite, involving only those with power and
influence.

Participatory Culture
 ● Citizens in this model have strong mental, emotional, and judgmental attitudes
towards both the input and output of the system.
● Societies with this political culture have citizens who expect a lot from the
government and want to be personally involved in politics, especially during
elections.
● This type of culture is essential for the fundamental principles of any democratic
society.

Mixed Culture 
● Political cultures are often mixed and do not neatly fit into specific ideal types.
● Political culture doesn't always align perfectly with political structures.
● Political systems can have high congruence between culture and structure,
which leads to allegiance.
● Weak congruence between culture and structure can result in apathy.
● Incongruence between culture and structure can cause alienation.

Attitudes To Political Identity

●  When we consider the element of identity in political culture we are looking at

three different dimensions: 
1. The way in which people define themselves
2. The extent of attachment to a national identity
3. The basis of that attachment

The way people define themselves 

● In the Caribbean, people primarily define themselves based on their island
identity.
● Whether they are Jamaican, St Lucian, or Barbadian, their island identity is a
significant part of their self-definition.
● This island identity plays a crucial role in how individuals perceive themselves
and their cultural identity.
● People in the Caribbean place a strong emphasis on their island heritage when
defining themselves.
● Island identity is considered a fundamental aspect of personal and social
identity in the Caribbean region.

The extent of attachment to a national identity 

 ● There are two different perspectives regarding attachment to national identity in
the Caribbean.
● The first viewpoint suggests a strong attachment to national identity based on
public opinion surveys and the preservation of cultural characteristics among
Caribbean individuals.
● Surveys indicate that Caribbean individuals strongly identify with their specific
island identity.
● Even if they emigrate and live in the United States or Canada for a long time,
they maintain their Jamaican, Trinidadian, or Guyanese identity.
● They preserve their national identity through various means, such as their food
preferences, music choices, and visits to the Caribbean when possible.

The Basis of that Attachment 

● In the United States, attachment and pride in the country are driven by the
American Dream, which is the belief that the US is a land of opportunity and
freedom.
● The American Dream implies that anyone, regardless of their place of birth, can
achieve success and rise to the top.
● Studies have shown that in our case, our identity and pride are not primarily
based on politics or economic achievements.
● Our identity is rooted in our sporting and cultural accomplishments, such as
music.
● Additionally, we take pride in the natural beauty of our island environment.

Attitudes to Leadership 
● Leadership is the ability to inspire and motivate others to take action or reach a
common goal without using force.
● It involves both followers and leaders.
● Political culture plays a role in leadership, specifically through the qualities of
deference and egalitarianism.
● Deference refers to followers respecting and yielding to the leader's authority.
● Egalitarianism means that there is a sense of equality and fairness in the
leader-follower relationship.

The Quality of Deference

● Deference refers to a relationship where the follower refers to the leader.
● The leader in a deferential relationship expects or demands that the follower
will comply with their instructions.
 ● Different types of leadership can be based on deference: charismatic,
paternalistic, and managerialist.

Charismatic  Paternalistic Managerialist 

followers deferring to the followers deferring to the deference to the leader's

leader due to their personal leader as a parental figure, expertise and authority in
qualities and appeal. relying on their guidance and managing tasks and processes
protection

Leader seen as savior or Leader seen as parental Leader seens as boss or one in
prophet figure  charge 

Possesses special gifts and Not necessarily charismatic Leader considered wiser,
perceived as unique or gifted in speech better informed, and more
experienced

Sets themselves apart from Followers expected to listen

the followers and follow orders

May have eloquence or a Demands total obedience Dissent or disagreement not

commanding presence and respect tolerated

Changes in Political Behaviour and Political Culture

Five important developments, or social factors, which have become very significant in
the last 20 years
1. The Rapid Rise in The Level of Education
2. Access to Information 
3. Population Movement
4. Rapid Urbanisation
5. Opportunity Structure

Political Socialization
● The values and assumptions people hold about politics are acquired in a process
called political socialization, which simply means the learning of political values
and factual assumptions about politics.
● Through political socialization people understand, accept, and usually approve
and support the existing political system.
Agents of Political Socialization
● Socialization happens both directly and indirectly.
● The persons by whom and the setting in which the process of political
socialization are called the agents of political socialization.

Agents of Socialization and Their Influences

1. Family:
- Shapes attitudes towards religion and career goals.
- Plays a crucial role in an individual's socialization process.

2. School:
- Responsible for teaching skills and imparting societal values.
- Aims to mold citizens according to state ideals.
- Guided socialization occurs in all states through schools.

3. Peer Groups:
- Refers to friends or individuals with similar age and characteristics.
- Highly influential in shaping adolescents' tastes and worldview.
- Varies in political impact.

4. Mass Media:
- Encompasses newspapers, magazines, TV, internet, etc.
- Plays a significant role in shaping our knowledge and political perspectives.
- Provides access to political debates and expert analysis.

5. Other Agents:
- State, religion, political events, and art also contribute to socialization.

6. Socio-Demographic Influences:
- Geographical region, race, social class, gender, and age impact socialization
processes.

Agents of socialization may be categorized into groups by their focus and the
intensity of their influence.
● Primary groups are the agents of socialization with which an individual has
regular face-to- face interactions [e.g. family, friends and work associates]
● Secondary groups tend to be more large-scale and diffuse [e.g. religious, civic
and professional associations.
 ECONOMICS
CARIBBEAN ECONOMIC THOUGHT

What is Economics?

Economics is an academic subject with the primary objective of examining the

problems and decisions of economic agents from a social perspective.

A knowledge of economics is necessary because we all live and need to function in an

economy. Also, most political problems have an economic characteristic, whether it
deals with the budget, the tax structure or even environmental issues and concerns.
Individuals who have some knowledge of economics are better able to think critically
about policy proposals that emerge from governments and that are debated in the
mass media.

Branches of Economics

There are two branches in economics: microeconomics and macroeconomics.

Between these two components of economics answers or solutions to the four key
problems discussed above are sought. Attempts to solve the first two problems (What
is produced and how? What is consumed and by whom?) are undertaken in the sphere
of microeconomics, and the latter two (How much unemployment and inflation exist? Is
there economic growth?) falls in the domain of macroeconomics.

Microeconomics

Microeconomics is the study of decision-making by individual economic agents, such as

the consumer or the producer. It seeks to understand how consumers meet their
material needs and achieve maximum satisfaction, and how firms go about satisfying
these consumer needs, while simultaneously serving their own self-interest by profit
maximization.

Three major goals dominate microeconomic policy-making:

Efficiency: an inefficient economy wastes resources and fails to provide the highest
possible standard of living for consumers.

Equity: Huge gaps between the "haves" and "have-nots" may leave most people
impoverished while a privileged few live luxuriously.
Freedom of Choice: maximum freedom requires people to have the widest possible
range of choices available to them.

Macroeconomics

Macroeconomics focuses on the whole, or aggregate view, of the economy and is

concerned with aggregates such as, consumption, investment, government
expenditure, savings, taxation, imports and exports. Thus, macroeconomics is
concerned with the functioning of the economy as a whole.

Macroeconomics seeks to explain the causes and effects of increases and decreases in
the aggregates. Macroeconomics studies how Governments can assist microeconomic
actors in achieving their objectives, since there are a number of unavoidable economic
functions which can only be entrusted to a Government.

These economic functions, among others, include:

● Issuing a national currency: In the modern world, only Governments have the
authority to issue money, and so, they must have Monetary Policy.
● Providing internal security, external defense and some basic forms of social
security and public infrastructure whether physical (such as roads, water
supply and telecommunications) or social (education, health, etc.): Most of
these are considered public goods. For Governments to provide these public
goods, they must raise money through various ways. For example, taxation is
one way through which Governments raise their revenue. They must, therefore,
have Fiscal Policy.
● Putting in place mechanisms for some orderly arrangements for trade in
goods, services, and movement of money between countries: A country,
therefore, requires an Exchange Rate as well as Trade Policy.

Some of the common goals of macroeconomic policy include:

❖ High employment: Citizens of a country undergo much hardship when the

resources of that country sit idle. In particular, unemployed persons undergo
both social (psychological stress) and economic costs (income foregone) since
unemployment entails a loss in output for the society as a whole. Labor is a cost
 that can never be recovered because as a resource it cannot be stored and used
at another time.

❖ Price-level stability: If average prices are volatile, people may be uncertain

about how much their wages will buy or whether to consume now or invest in
hopes of future returns.
❖ Economic growth: People want higher incomes each year and most hope their
children will be even more prosperous than they are. The world’s population
keeps growing, so for this to occur there must be economic growth.

Plantation Economy and Dependency (1968-1979) - Beckford, Best and Levitt

● George Beckford (1972), Lloyd Best (1968), and Best and Levitt (1975)
represent the major articulation of dependency and underdevelopment thesis of
the Plantation Economy school of thought. Norman Girvan (1975, 1991)
emphasizes the reproduction of races and class structures leading to a flawed
notion of independence.
● Beckford emphasized the institutional setting, the mode of production and social
relations of the plantation. These were the most important variables in his
plantation analysis. “Underdevelopment derives from the institutional
environment – the nature of economic, social and political organization. Not
surprising because it’s through institutions that human activity is
organized.”(1972; 9)
● Key institutional features impose particular structural constraints which limit the
possibilities for growth and development. The institutional features help to
explain the relative stagnation. Such structural constraints derive from the
plantation legacy.
● Best (1968) and Best and Kari Levitt (1975) emphasized the reproduction of
dependency and disarticulation – through different historical epochs – in the
plantation dominated economy of the colonial epoch. Key in the construct is the
notion that the historical circumstances generated “institutional and neocolonial
trade linkages” which propelled the plantation economy towards stagnation.

Beckford’s Plantation Economy

● For Beckford (1972) the key to an understanding of the plantation economy lies
in the fact that it is (from the very start), an extension of the metropolitan
capitalist economy. The Plantation Economy is a theoretical construct (derived
from historical circumstances) where “internal and external” factors … “dominate
 the country’s economic, social, and political structure and its relations with the
rest of the world” (1972: 12).
● The quasi proletariat, the quasi-peasantry and the quasi- bourgeoisie are all
creations of the plantation export sector. In particular the post slavery peasant
sector was viewed as a sub sector within the general framework of the
plantation.
● Further, “In most of the countries in which plantations are important they
co-exist with peasant producers who normally are engaged in farming cash
crops (sometimes the same crop as the plantation) in addition to providing for
their own subsistence. These peasant farmers are affected by the plantations in
at least two important ways: competition for land and other resources and the
provision of wage work on plantations to supplement their incomes from the
main preoccupation of farming on their own account (1972; 13).

● Decision making is highly centralized business and the pattern of management

organization is authoritarian. Workers and decision makers are separated by
social and cultural differences. “Authority and control are inherent in the
system.” Further the plantation is geographically isolated and so those who live
within its boundaries cannot easily enjoy interaction with the outside world.
Because of this isolation, “people living and working on a plantation make up a
distinct community which derives its full flavor from the system itself.”

● The authority structure that characterizes the pattern of economic organization

extends to social relationships and what is left is a “…inherently rigid system of
social stratification…” normally with Europeans as owners or managers at the
top, culturally mixed skilled personnel in the middle and culturally different
(black) unskilled laborers at the bottom (Beckford, 1972, 53-54).

● The predominant social characteristics of all plantations areas of the world is

the existence of a class – caste system based on differences in the racial origins
of plantation workers on the one hand and owners on the other. Race was thus
a convenient means of controlling labour.

● The plantation was designed as a unit of authority with control over all aspects
of the lives of people within its territory. Heavily reliant on immigrant labour of
different ethnic and cultural origins the plantation also provided “the locus of
rules of accommodation between different groups.” What results is a power
structure which bequeaths to the plantation “…all or many of the characteristics
of a small state with a classification of people into different statuses together
 with a formal definition of the relationship between them.…the institution
affords the very means of survival. Everyone owes their existence to the
plantation.” To rebel is tantamount to biting the hand that feed
●
● Because the plantation is but an extension - overseas economy – reinvestment
in the social infrastructure which would extend the internal linkages (backward
and forward) and enhance the reproduction of capital, labour and internal
consumer markets are all absent. The plantation is therefore tied to the
capitalism of the center in a dependent manner which blocks the development
and reproduction of any independent mode of production.

The Best-Levitt Plantation Economy Models

Best (1968) and Best and Levitt (1975) share common ground with Beckford (1972) in
that the plantation is defined by the domination of a “hinterland” by transnational
corporations of the countries at the center of world capitalism.

This approach differentiates between three types of analytical “hinterland.”

➔ Hinterland of Conquest
➔ Hinterland of Settlement
➔ Hinterland of Exploitation

1. Conquest hinterlands were those associated with Spain, Andean America and
New Spain.
2. Settlement hinterlands would be those of the Middle Colonies of the United
States.
3. The exploitation hinterlands apply to the Caribbean Plantation Economy’s.
Exploitation hinterlands are a direct extension of the economy of the center, the
raison d’etre is to produce a staple required for metropole consumption and for
trade to third countries.

The Best-Levitt model sought to isolate the institutional structures and constraints
which the contemporary Caribbean economy had inherited from its plantation legacy.
“The historical stages which underlie the models are to be seen in the contemporary
perspective of successive layers of inherited structures and mechanisms which
condition the possibilities of transformation of the present economy.”
In this theoretical construct, the authors allow for a diversification of the PEM with a
differentiation between the island and mainland hinterland, closed and open
hinterlands.

The post war (1945) experience of Jamaica, Guyana and Suriname (bauxite) and
Trinidad and Tobago (petroleum) provide concrete examples. “The result is a
reinforcing of traditional economic and social structures of dependency, a ratooning of
the old plantation relationships, both external and internal. It follows that structural
transformation requires, as a precondition, the dismantling of the corporate mercantile
links between the hinterland and the metropole.” (Best and Levitt, 1975, p.38)

The key to understanding the inner workings of the plantation economy lies in a proper
appreciation of its origins. The authors argue that the plantation hinterland was crafted
first in the mercantilist epoch. As such four rules of the game apply:

· The Muscovado Bias

· Navigation Provision

· Metropolitan Exchange Standard

· Imperial Preference

These four rules confine the PE to:

a) Terminal activity (primary production and/or the distribution of consumer goods).

b) Advanced local processing of staple export products

➢ For the center the rules ensure a supply of raw material transported exclusively
by its own carriers. In a dubious ruse the hinterland’s currency is backed at a
fixed exchange rate which facilitates center/periphery trade erected on a mutual
system of preferences.
➢ Old metropolitan ties are cut, but the traditional export sector is maintained
intact. The country which breaks traditional metropolitan ties may be forced into
a new quasi-metropolitan relationship in order to solve the problem of
marketing the export staple – or in order to protect the country’s continued
existence as a politically independent entity RAM, Page 19 4/4/2005 (Cuba and
the Soviet Union).
 ➢ Old metropolitan ties are cut and the traditional export sector disintegrates. The
traditional export sector is dismantled, ownership is localized and old
metropolitan ties are cut. The economy is closed with respect to the metropole.
Haiti is a good example of a country which won political independence from the
metropole, ceased to be hinterland and has existed in a state of chronic
stagnation ever since.
➢ Metropolitan ties are maintained or restored and a quasi-staple is developed. In
an island hinterland which leaves its institutional base unaltered but does not
discover a new major staple when the old staple economy breaks down, the
only resources available are location and cheap labour. If these resources can be
employed to establish quasi-staples it remains in the interest of the metropole
to keep the hinterland passively incorporated in its overseas economy. The quasi
staple economy specializes in finishing touch assembly manufacturing, tourism,
and the provision of labour to the metropole by emigration. The more extreme
case of a quasi-staple economy is Puerto Rico. Barbados and Antigua can be
characterized as quasi-staple economies.
➢ Metropolitan ties are maintained and reinforced by the entry of a new staple. In
the event that the economy is salvaged by the discovery of a new major staple,
a fresh cycle of expansion and production begins. Income grows and the
economy is pressed into perpetuation of its traditional role. The new staple
sector enters a hinterland system whose plantation heritage imposes
continuation of the old structures on the new activity. The terms on which
bauxite staple entered the economies of Jamaica, Guyana, and Suriname and the
oil industry of Trinidad have reinforced the structures of the plantation economy.

Contemporary Caribbean Politics and its effect on Caribbean Economies

Positives:

1. Freedom
2. Democracy
3. Some CARICOM members have high Human Development rankings (Barbados,
the Bahamas, Antigua and Barbuda, St. Kitts and Nevis, Trinidad and Tobago)

Negatives:

1. Issues in the democratic system: crime

2. Unemployment and underemployment rates remain high
3. Electoral turnouts have been declining over time
 GLOBALISATION AND FOREIGN DIRECT INVESTMENT

GLOBALIZATION:
-Globalization is a process. A process differs from a system in that it is dynamic
whereas a system is static. Globalization is a process in which geographic,
economic, and cultural boundaries are of decreasing significance, first and
foremost the movement of capital. The world’s money markets are open 24
hours per day and it is now possible to move cap the click of a mouse.
Geography, space, and time disappear in the movement of capital in capital
markets across the world.

-Boundaries are of decreasing significance not only for the movement of capital
but also for the movement of good people, services, ideas, values, and
diseases. These boundaries are also of decreasing significance to the character
o environment. Emissions from states everywhere, mainly in the North,
contribute to global warming and to changing weather patterns in all parts of
the world. Global warming particularly threatens island states, with rising sea
levels threatening the entire beachfront of the Caribbean.

-Globalization also means that boundaries are of decreasing significance to the

dynamics of politics. The politics of one country cannot be fully understood
without discussing the politics of another country. In short, globalization
m boundaries are of decreasing significance to the dynamics of economics,
politics, and culture.

-Globalization could be argued to have started when trade began, because

people have been moving across geographic distances and connecting with
one another for many centuries.

There are three aspects of globalization from the 1990s and beyond that make
this stage of globalization fundament new:
(1) revolutionary technologies;
(2) the presence of new political influences; and
(3) new policies.
These create opportunities as well as adversities that we now face in the
Caribbean.
REVOLUTIONARY TECHNOLOGIES

-Technological advances, primarily those related to transport, have made travel

cheaper and increased the possible for movement from one country to another
(for example, jet aircraft). Technologies of communication have also
dramatically transformed by the telephone, fax machine, cellular telephone,
and cable television. The telephone reduced international distance between
countries and people. In 1990, 33 billion minutes of international call made.
In 1996, this number had increased to 70 billion. The number of international
calls per person from the Caribbean was greater on average than anywhere
else in the world in the mid-1990s, approximately 74 minutes per person.
Average for all developing countries in the entire world was 3 minutes. For
the industrial countries the average 41 minutes per person and the global
average was 11 minutes per person.

Some aspects of these technologies have negative impacts:

a) They facilitate greater ease of transmission of materialist consumer values
dominant in late-twentieth-century American society, where money to be
regarded as the “be all and end all” and the possession of consumer
durables are more important than other aspects of life. It could be argued one
reason why Jamaica has greater levels of materialism and of consumerism
than Trinidad, for example, is because of the greater proximity Jamaica to the
US market, communication and other media.

POLITICAL INFLUENCES

The second aspect of globalization that is relatively new at this stage of the
process is the presence of new institutional actors on the stage of politic means
that the state is no longer the main player. The state now has competition at the
local, national level and most of all at the global or transnational. There are 190
states, including the 13 CARICOM states. Each of these states now has to
reckon with each other and with other important players in the of politics and
economics.
A] The international governmental organizations (IGOs). These organizations
include, for example, the World Bank, the International Monetary Fund and,
without doubt most important of all, the World Trade Organization. The IGOs
are constituted by governments coming together and forming new institution
which then have power to one extent or another over each of the states
involved. The main point is that the individual state now has to take into account
set of IGOs, whose numbers are growing with each passing week. At the
beginning of the last century, in 1909, there were about 30 IGOs; at the
beginning this century there are about 300, reflecting the growth of such
organizations.

B] The international non-government organizations (NGOs). The best examples

of these are the World Council of Churches, the International Confederation Free
Trade Unions and, most recently, Amnesty International, which campaigns on
issues of human rights, such as capital punishment. Contemporary globalization
presents increasingly powerful NGOs that the state now has to take into
account.

C] The transnational corporations. These are private firms that are no longer
confined to any one nation but, rather, stretch their production, marketing, line
distribution, and acquisition of raw materials across many different countries,
hence the term multinational or transnational. On the last count, in the year
2000, there were approximately 53,000 transnational corporations, with almost
700,000 branches or affiliates across the world. These corporations are
economic powers, so huge that very often they control more capital than the
entire production of states or combinations of states.

NEW POLICIES
The third new dimension of this present stage of globalization relates to new
policies. The policies of this phase of globalization are summed up by one word
– liberalization or neo-liberalism. The policies associated with liberalization and
neo-liberalism became dominant globally after the 1980s.

A] These policies required states around the world to implement two

fundamental changes: the first is that states, to one degree or another, must and
ultimately remove national barriers to the movement of capital; second, they
must reduce or remove barriers to competition across states within states with
regard to the movement of goods and services. The dimension that has gone
furthest fastest is financial liberalization.

B] The states were pressured to reduce the role of government in the operation
of market forces, to refrain from regulating prices, and sell assets. In other
words, the idea of the minimalist state took over from the idea of the welfare
state. This globalization of the minimalist state was the result of pressure from
the IGOs, particularly the IMF, World Bank, and WTO.
Globalisation and Foreign Investment

1. In their quest for economic development, Caribbean States have relied

significantly on foreign direct investment. Foreign direct investment refers to
investment projects in which the foreign investor retains an active interest; the
investor may, for example, establish a subsidiary, or may participate in a joint
venture with other foreign investors or with local interests. In some cases, the
foreign direct investor may retain exclusive ownership of the investment project;
alternatively, though, the foreign investor may have a controlling interest, or a
minority share in a given project. In the Caribbean, foreign direct investors have
traditionally been active in a variety of economic sectors, including, for instance,
bauxite and alumina activities in Jamaica, petroleum and other energy matters in
Trinidad and Tobago, and the tourism, banking, insurance and
telecommunications sectors in different parts of the CARICO region.

Advantages of Relying on Foreign Direct investment

1. Greater Availability of Capital: Although this is not accepted by all

economists, there is substantial agreement that the typical Caribbean economy
suffers from capital shortage argument in favor of relying on foreign direct
investment, therefore, is that direct investment from the outside is helpful in
bolstering domestic formation. A substantial infusion of external capital will, in
all likelihood, promote economic growth and by extension, per capita incomes.

2. Efficiency Gains and Innovation: In many instances, the multinational

corporation, by virtue of its greater access to resources, specialization, as well as
superior research and development a position to transfer technology to
Caribbean economies, and thereby enhance domestic efficiency. This is
exemplified by the operations of some telecommunication companies in the
region. Such companies have had immediate access to the latest technological
developments in the area of telephony, and this, together their expertise in
organizational behaviour and marketing, has prompted financial success in the
Caribbean for certain multinational corporation. In addition, some multinational
corporations introduce infrastructural improvements in their areas of operation:
this, once ag derived from the multinational corporation’s access to technical
know-how

3. Employment Possibilities: Foreign direct investment promotes employment

growth. In its operations, in the Caribbean, the multinational corporation will
recruit local employ most, if not all, levels. To take the case of bauxite in
Jamaica, in the early years of mining operations in the 1950s, the main bauxite
companies - from United States of America and Canada - relied on expatriates
for most of their senior positions, while Jamaican workers were largely confined
to sub roles. With the passage of time, this changed, so that some of the most
senior positions in the bauxite industry have regularly been held by various
Caribbean countries, national laws require foreign investors to recruit domestic
workers for various positions; foreign personnel maybe relied only no suitable
national is available. In countries characterized by high levels of unemployment,
the fillip provided by a substantial infusion of capital important to both political
leaders and the populace

4. Consumer Benefits: Foreign direct investment sometimes generates benefits

for consumers in the Caribbean. Where investment brings about employment,
this helps to increase market size in particular communities which serve the
multinational operations - and the increase in market size often leads to
competition, and improve quality, among domestic suppliers. In addition, foreign
investors themselves may introduce new items of technology that redound to
the benefit of local consumers.

5. Taxation and Social Welfare Activities:The foreign direct investor operating

in the Caribbean will normally be required to pay corporate taxes in respect of
the investment project. These corporation taxes contribute significantly to the
domestic economy. In order to promote their image as good corporate citizens,
and to “give back” to the communities, some foreign investors also contribute to
local scholarship - programmes and establish foundations which work on a
variety of social welfare projects.

Disadvantages of Relying on Foreign Direct Investment

1. Sovereignty Concerns Some multinational corporations are large,

powerful: organizations which have annual revenues in excess of the national
income of the typical Caribbean country. Some of these corporations are not
averse to using their power to secure their main objectives, even if this may
involve undermining law policies in the host country. Against this background,
critics of foreign direct investment often warn that multinational corporations
have the capacity to hold State sovereignty “at bay”, especially in the case of
developing economies.
2. Displacement of Local Enterprises: Although foreign direct investors may
bring new capital into domestic economies, they may also serve to weaken
domestic economic efforts. For example if the foreign investor opts to borrow
heavily from the locally based banking sector, this could have the effect of
driving up interest rates, and blocking free availability of loans to domestic
enterprises. Also, foreign enterprises, in the drive for profit maximization, may
find nothing wrong with using superior technology and financial resources to
“crowd out” local competition. By the same token, the presence of the foreign
investor may deter new competitors from entering the market. These
possibilities all work as constraints on local enterprises. Moreover, as some
multinationals have well-integrated production structures, they do little to
promote additional opportunities in local economies. In this context, some
Caribbean governments have, in the past barred the operation of foreign
companies in particular sectors, as a means of allowing the development of
local capacity.

3. The Employment Question: The prospect of enhanced employment is one of

the main factors supporting reliance on foreign direct investments. On the other
hand, critics point out that the employment provided by such investments may
be limited by certain factors. The foreign investor will be inclined, where
possible, to prefer mechanization over traditional forms of organization. In the
area of agriculture, this will mean that the demand for labour may actually
reduced when an enterprise is taken over by a multinational corporation. It is
also argued that in the era of globalization multinational corporations will
necessarily consider themselves obliged to employ nationals for senior
positions.

4. Primary Motives: The primary motive of the foreign direct investment - as is

the case for all businesses - will be profit-maximization. The foreign investor
will thus apply all legitimate means to ensure that the return on investment for
each project, whether at home or abroad, will bring satisfaction to shareholders.
As part effort to maximize profit, the foreign investor will seek legal guarantees
in favour of the transmission of foreign exchange from the host country. The
foreign investor will also wish to operate in a zone of physical security, and
stability. In seeking to maximize profits, the foreign direct investor will wish to
keep at a minimum: this could have an impact on issues such as environmental
protection, wage levels, and sensitivity to cultural values.
5. The Critics: Some analysts have reservations about our placing heavy
reliance on foreign direct investment as an engine of growth. For some critics of
foreign direct investment, Jamaica’s domestic investment potential is sufficient
for our purposes: in short, they say, we have enough local money to generate
economic growth and development. If we rely on foreign capital, the critics
continue, Jamaica will continue to be vulnerable to the risks of depending on the
movement of capital across borders. Among other things, there is the risk that
owners of foreign capital may come to exert inordinate influence in Jamaican
political, economic and social life, and ultimately, place our “sovereignty at bay.”
Also, some people fear that foreign capital can be very fickle. It is suggested, for
example, that foreign investors want incentives to come to Jamaican economy in
the form of advantages that are not available to Jamaican investors. Then, when
these incentives expire, the foreign investors pull out their capital, leaving the
country exploited and bewildered.

6. Net Outflow: Critics of foreign direct investment maintain further that foreign
capital may lead to a net outflow of foreign exchange from the local economy.
Thus, it is argued that there will be an initial inflow of foreign exchange, as the
investor brings his or her business into operation, but this will change when
profits from the enterprise need to be repatriated to the home country - the host
country is ultimately said to be the loser in such investment relations. The line of
reasoning taken by the critics was once in vogue among development
economists and political scientists, with multinational corporations as the main
vehicles for foreign investment - on the receiving end of stringent, negative
strictures in debates about the relationship between the center and the
periphery in global economic affairs.

7. Treatment by Government:A third set of factors to be considered by the

typical foreign investor concerns treatment by the government. Specifically,
most foreign investors will seek guarantees from the host government in the
form of at least three standards of treatment, namely, “most favored nation
treatment”, “national treatment”, and “fair and equitable” treatment. These three
standards of treatment have now become par for the course in the three
thousand or so bilateral investment treaties that have been concluded by most
countries, including Jamaica. In essence, the most favored nation treatment
standard requires the host country to offer foreign investors of a given country
the best treatment that it makes available to an investor from any other country.
8. Fair and Equitable Treatment: The third standard of treatment - fair and
equitable treatment for foreign investors - has assumed prominence in the
investment practice of States within the last two decades. This standard, which
requires governments to treat foreign investors in ways that respect their
economic and other interests, is not always easy to apply in practice, for notions
of fairness and equity are inherently subjective. Perhaps for this reason, most
investment disputes addressed by international tribunals in 2014 turned on the
meaning and application of this standard.
 SOCIETY

Society & Culture Basic Concepts

1. Society, provides us with what sociologists call the sociological imagination.

Sociological imagination is a particular way of looking at the world around us
through sociological lenses. It is a way of looking at our experiences in light of
what is going on in the social world around us. This helps us to appreciate the
social and non-biological forces that affect, influence and shape our lives as
individuals, groups, and communities (Giddens, 1982).

2. A more revealing definition of society as defined by Calhoun et al (1994):

"A society is an autonomous grouping of people who inhabit a common
territory, have a common culture (shared set of values, beliefs, customs and
so forth) and are linked to one another through routinized social interactions
and interdependent statuses and roles."

3. The common tendency in sociology has been to conceptualize society as a

system, focusing on the bounded and integrated nature of society. Great
founders of sociology had also focused on the dynamic aspect of society. Such
early sociologists as Comte, Marx and Spencer grasped the concept of society as
a dynamic system evolving historically and inevitably towards complex
industrial structures (Swingwood, 1991:313).

1. Basic Features of a Society

A. First, a society is usually a relatively large grouping of people in terms of
size. In a very important sense, thus, society may be regarded as the largest and
the most complex social group that sociologists study.

B. Second, the most important thing about a society is that its members share
common and distinct culture. This sets it apart from the other population
groups.

C. Third, a society also has a definite, limited space or territory. The

populations that make up a given society are thus locatable in a definite
geographical area. The people consider that area as their own.

D. Fourth, the people who make up a society have the feeling of identity and
belongingness. There is also the feeling of oneness. Such identity feeling
emanates from the routinized pattern of social interaction that exists among the
people and the various groups that make up the society. (Henslin and Nelson,
1995; Giddens, 1996; Calhoun et al., 1994)

E. Fifth, members of a society are considered to have a common origin and

common historical experience. They feel that they have also common destiny.

F. Sixth, members of a society may also speak a common mother tongue or a

major language that may serve as a national heritage.

G. Seventh, a society is autonomous and independent in the sense that it has

all the necessary social institutions and organizational arrangements to
sustain the system. However, a society is not an island, in the sense that
societies are interdependent. There has always been inter–societal relations.
People interact socially, economically and politically.

Understanding Caribbean Society

1. For the purposes of this unit, we have conceived the historical development of
the Caribbean society into the following important periods:

A. Indigenous inhabitants of the Caribbean.

B. Arrival of the Spaniards.
C. European competition for power.
D. Slavery and the plantation.
E. East Indian indentureship.

1. The Arawaks
The Arawaks lived on the larger Caribbean islands and the Bahamas. They
were skilled sea people, and were engaged in fishing. They practised shifting
cultivation, producing several crops, including the root crop, cassava: allowing
their last used areas to regenerate. The Arawaks were very skilled in making
pottery, baskets, cotton clothing, stone tools and jewelry. They even had
organised ball game competitions, held feasts, religious festivals and dances.
They were known to be quite friendly and peace-loving, and showed very little
resistance to European aggression.

2. The Caribs
 The Caribs lived on the smaller islands, and were also skilled sea people and
boat makers. They had their own organised administrative structure, though this
was more decentralized than that of the Arawaks. Compared to the Arawaks,
the Caribs were fiercer and more aggressive, and thus showed greater
resistance to European aggression.

3. Arrival of the Spaniards

The first Europeans to arrive in the New World were the Spaniards and they
exerted control over a significant portion of the region for over three hundred
years. During this time, there were many disappointments and changes in
fortunes. They plundered the natural wealth and destroyed the indigenous
inhabitants. The indigenous Indians died in large numbers due to Spanish
aggression, or were enslaved under the oppressive encomienda system.

In the Caribbean today, it is not difficult to find many names of places, plants
and animals being derived from both Spanish and Amerindian words. Because
of the significant influence of the Catholic Church during the Spanish presence,
particularly on the norms and values of the emerging society, the Hispanic
territories had a more unified religious culture (Hoetink, 1982).

4. Slavery
Slavery, a cruel practice of capturing persons against their will and placing
them in bondage, is one of the most inhumane episodes in human history. It,
however, lasted for over three hundred years in the Caribbean. During this time,
approximately five million Africans were imported from West Africa to the
Caribbean to provide labour on the sugar cane plantations. According to
Rogozinski (1992), several of the Africans were already enslaved in Africa, and
were sold to the Europeans by their African owners. All the major European
powers were involved in the importation of slaves. Rogozinski (1992) estimates
that by 1750, nine out of ten persons in the Caribbean islands were slaves.

5. East Indian Indentureship

After emancipation, there were severe labour shortages on the sugar cane
plantations and East Indians were brought to the Caribbean to fill that need.
Compared to other groups that were tried, for example the Chinese and
Portuguese, the East Indians were found to be particularly suitable for the role
of agricultural labourers. Not only were they accustomed to hard work in hot
and humid weather conditions, but some suggested that their docile and
controllable nature made them more amenable to be supervised.

Since indentureship was initially for a fixed period, most East Indians saw
themselves as transients in an alien society. As such, they remained in isolation
and interacted with the wider society only when absolutely necessary, and
particularly for economic transactions.

1. THEORIES OF THE CARIBBEAN SOCIETY

There have been several attempts to conceptualise Caribbean society.

Caribbean societies are relatively young and are still in a state of flux and
changing values. As a result of the region's history, there is still much cultural
heterogeneity, sometimes leading to rivalry and competition for political power
in some multi‑ethnic societies like Guyana and Trinidad and Tobago. The scope
of this unit does not allow us to discuss this in any great length. However, this
unit describes three major theories of the Caribbean society. They are:

● Plantation Society.
● Plural Society.
● Creole Society.

1. Plantation Society Theory

This is an attempt to explain Caribbean social structure on the basis of the

plantation experience which was described by Susan Craig (1982) considers to
be 'too simple and too reductionist'. The plantation system played a dominant
role in the economic, social, political and cultural life of the Caribbean. George
Beckford (1972) saw the plantation system as a total economic institution,
where “the internal and external dimensions of the plantation system
dominate the countries’ economic, social and political structure and their
relation with the rest of the world”.
Plantations have not only been a product of metropolitan capital, but also
produced mono-crop cultivation for overseas markets.

2. The distinct features of the plantation society are as follows:

 a. The prevalence of mono-crop cultivation: Plantation societies were
primarily focused on the cultivation of a single crop, often for export to
international markets. The most prominent example in the Caribbean
context is the production of sugar cane. Large plantations dedicated their
land and resources to the cultivation of this cash crop, shaping the
economic landscape and labor practices of the region.

b. The marginalization of the peasantry and focus on large producers:

Plantation societies were characterized by a stark division between the
wealthy, land-owning elite and the marginalized peasantry. Large
plantation owners held considerable power and influence, while
small-scale farmers and workers faced limited opportunities for social
mobility or economic advancement. This concentration of power and
wealth created significant disparities within society.

c. Dependency on foreign investors to aid Caribbean development:

Plantation societies relied heavily on foreign investment to develop and
sustain their agricultural operations. European powers, particularly
colonial powers, played a central role in providing financial resources,
technology, and infrastructure to support the plantation system. This
dependency on external support often resulted in the exploitation of local
resources and labor.

d. Little control of crop prices in international markets: Plantation

societies had limited control over the prices at which their crops were
sold in international markets. The prices were heavily influenced by
global economic forces and fluctuated based on supply and demand
dynamics. This lack of control meant that the economic prosperity of the
plantation society was vulnerable to external factors beyond their direct
influence.

e. Demand for foreign products at the expense of local products:

Plantation societies were oriented towards producing crops for export,
prioritizing the needs and demands of external markets over local
consumption. As a result, the production of cash crops for export often
overshadowed the cultivation of local food crops necessary for sustaining
the local population. This reliance on imported goods contributed to a
cycle of dependency on foreign economies.
 f. Social stratification based on factors such as race and color: Social
hierarchies within plantation societies were often based on factors
such as race and color: The system enforced a rigid social order in which
those of European descent held positions of privilege and authority, while
people of African, Indigenous, or mixed heritage were subjected to
various forms of discrimination, exploitation, and marginalization. This
social stratification was deeply ingrained in the plantation society's
structure and had long-lasting impacts on Caribbean societies.

These distinct features of a plantation society in the Caribbean illustrate

the complex dynamics of power, exploitation, and dependency that
shaped the region's socio-economic landscape during the colonial era.
The legacies of plantation societies continue to impact the Caribbean
today, with ongoing efforts to address the historical inequalities and
foster sustainable development.

3. The plantation was the major institution that played a significant role in the
development of Caribbean culture. The islands were developed where the
demand for foreign products dominated and vast amounts of goods were
brought in from abroad to satisfy the needs of the people. Even technology was
imported and today we even see a high demand for foreign commodities.

4. The plantation system was an all-pervasive design, which governed the lives
of all members who were engaged in production. Horowitz (1971) sees it as a
societal design which perpetuates a society divided into segments: one large
and unfree, and another that is small and free and which controls power in the
society. Beckford notes that in the 20th century after emancipation the
Caribbean society was still modeled along the lines of the plantation society.
Best (1968) comments on the lack of social integration and saw the populations
that were brought from all over the world existing as a plural society with no
basis for integration. M. G. Smith (1965) writing about Jamaican society also
observed that nationalism was slow to develop, and that the abolition of slavery
"freed a race, but failed to create a society.

The legacies of plantation societies continue to have a profound impact on the

Caribbean region, shaping various aspects of its social, economic, and cultural
dynamics. Here are some examples of how these legacies persist:
 ● Economic Inequality: The historical concentration of wealth and power
within plantation societies has contributed to enduring economic
inequalities in the Caribbean. Disparities in income, access to resources,
and opportunities for economic advancement persist, often along racial
and class lines. This economic inequality hinders social mobility and
creates barriers to sustainable development.
● Land Ownership and Land Distribution: The historical legacy of
plantation societies has left a significant imprint on land ownership
patterns in the Caribbean. Large tracts of land remain in the hands of a
few wealthy individuals or corporations, while marginalized communities
often lack access to land for agriculture, housing, and community
development. This contributes to ongoing social and economic
inequalities.
● Cultural Identity and Heritage: The cultural heritage of the Caribbean
bears the imprints of plantation societies. The fusion of African, European,
Indigenous, and other cultural elements resulted in the creation of unique
cultural expressions such as music, dance, language, and cuisine.
However, the legacies of slavery and colonialism continue to influence
cultural identities, including issues related to race, colorism, and cultural
preservation.
● Social Fragmentation and Inclusion: The legacy of social stratification
based on race and color continues to impact social dynamics in the
Caribbean. Marginalized communities, particularly those with African or
Indigenous heritage, often face systemic discrimination and limited access
to social and economic opportunities. Efforts to promote social inclusion,
address racial inequality, and ensure equal rights and opportunities are
ongoing challenges for Caribbean societies.
● Environmental Impacts: The intensive agricultural practices of plantation
economies, such as monocropping and deforestation, have had
long-lasting environmental consequences in the Caribbean. Soil
degradation, loss of biodiversity, and vulnerability to natural disasters are
some of the environmental legacies that persist today. These challenges
require sustainable land management practices, conservation efforts, and
climate resilience strategies.

It is important to note that while the legacies of plantation societies continue to

shape the Caribbean, efforts are being made to address these issues and
promote positive change. Movements for social justice, cultural revitalization,
economic diversification, and environmental sustainability are actively working
towards a more equitable and inclusive Caribbean region.

1. Plural Society Theory

This is described as the most influential image of the Caribbean by Craig

(1982) and Sankatsing (1992). This theory was modified and applied to the
Caribbean by M. G. Smith. Basically, these societies are made up of different
cultural sections which all try to maintain their own values and institutions.
These groups only meet in the marketplace where they interact for economic
transactions. This theory is seen as too static and, hence, does not
acknowledge the many changes that have been taking place in these
societies.

2. M.G. Smith applied the plural society thesis to Caribbean societies. The
original concept of the plural society was originally outlined in the work of J. S.
Furnivall. Smith believed that "people's culture form the matrix of their social
structure..." In his model, Smith explains that a common system of basic
institutions is shared in homogeneous societies. However, in plural societies,
there are alternative and exclusive institutions that exist and as a result the
basic institutions are not shared. Smith does not see such plural societies as
being stratified by classes, but there may be internal classification among the
various races. In these societies, he sees the major cultural elements, the
Whites, Africans, East Indians, and Chinese, each practising different forms of
the common institutions such as marriage, family and religion.

3. Smith (1965) examined Grenadian society where he identified two sections of

the society the Whites and Blacks. He also studied Jamaican society in which he
identified sections in society such as the Whites, Blacks and Brown or
intermediate categories. In Jamaican society, Smith identified alternative forms
of all institutions besides the nuclear family.

Smith's thesis identifies:

a. Homogeneous societies are those with one set of institutions whilst
those with alternative institutions are heterogeneous
b. Those societies where the basic institutions (family, education and
religion) are not shared are plural societies.
The cultural sections in the Caribbean are Whites, Browns, Blacks, with
East Indians and Chinese, in other territories.
Brathwaite (1960) presented criticisms of Smith's plural society thesis, offering
a redefinition of a plural society that challenged some of Smith's assertions.
Brathwaite argued:

a. Every society is 'pluralistic' in that there is no 'homogeneous' society:

Brathwaite disagreed with the notion that there can be truly homogeneous
societies. According to his perspective, all societies are composed of diverse
groups with their own subcultures. He argued that cultural variation is inherent
in any society, and therefore, the concept of a purely homogeneous society is
flawed.

b. Distinguishing between plural societies and homogeneous societies is

difficult, and plural societies are not always unstable: Brathwaite contested
Smith's argument that plural societies are inherently unstable. He believed that
the presence of cultural diversity does not necessarily lead to instability or social
conflict. Brathwaite argued that societies can exhibit a range of cultural
variations while maintaining social cohesion and stability.

c. Societies may possess "a rich cultural variation within a highly unified
national society": Brathwaite emphasized the existence of cultural variation
within societies, even those that are highly unified at the national level. He
posited that a society can have a unified sense of national identity while
accommodating diverse cultural expressions and subcultures. Brathwaite's
perspective acknowledged the potential for cultural pluralism within a larger
framework of national unity.

5. Brathwaite disagrees that societies should be defined in cultural terms. He

speaks of shared values: universal-achievement values as opposed to
particularistic-ascriptive values. Universalistic-achievement are the values to
which all the groups aspire, and particularistic-ascriptive are those values
common to a specific group in society. Brathwaite was of the opinion that the
universalistic-achievement values shared by groups in society are those values
which hold the society together, as in Trinidad: the East Indians and the Africans.

1. Creole Society Theory

This image of the Caribbean, developed by historians including E. K.

Brathwaite, is said to be the best attempt to acknowledge the changing nature
of Caribbean society, particularly the interaction between the various ethnic
groups. It emphasises the meeting and fusion of cultures, particularly
European and African, to give birth to a new supposedly original culture. This
creole culture, formed through acculturation and inter-culturation, replaces
the true indigenous culture of the region, that of its original inhabitants.

2. This theory originated from Caribbean literary scholar Edward K Braithwaite.

Creolisation is a process of change and adaptation that occurs over time. In the
Caribbean, the mixture of languages, religious rituals, musical expressions,
cuisine, and people represent the creolisation of Caribbean culture and society.
Creolisation involves both acculturation and interculturation.

● Acculturation: a process in which contacts between different cultural

groups lead to the acquisition of new cultural patterns by the subordinate
groups.
● Interculturation refers to the mutual, symbiotic exchange of cultural
traits.

3. Plantation society fostered assimilation from the day of ‘discovery’ as the

Europeans suppressed the cultural beliefs and practices of all groups they
encountered. When differing cultural traits diffuse into a society on a massive
scale, the culture of the subordinate group is significantly changed. However,
acculturation does not necessarily result in new, alien cultural traits completely
replacing the old ones. There often is syncretism or an amalgamation of
traditional and introduced traits. The new traits may be blended with or worked
into the indigenous cultural patterns to make them more acceptable.

4. Creole Theory of Caribbean.

The concept of creolization in the Caribbean has been subject to analysis and
critique, with various perspectives highlighting both its strengths and
weaknesses. Here is an expansion on the points you mentioned:

A. Creolization is reinforced by a paradigm of white dominance and black

subservience: The historical context of colonialism and slavery in the Caribbean
created a power dynamic where white Europeans held dominant positions while
black individuals were subjected to various forms of subjugation and
exploitation. This power dynamic influenced the development of creolization, as
it was shaped by the imbalances in social, economic, and political power.
B. In the Caribbean, different groups/cultures are placed in a superior/inferior
relationship to each other: The Eurocentric perspective prevalent during
colonial times established a hierarchical structure where white culture was
considered superior and black culture was deemed inferior. This mindset
influenced societal attitudes, institutions, and norms, creating a social order that
valued European culture over other cultural expressions.

C. Relationships are based upon a color/class hierarchy: The intersection of

color and class in the Caribbean has played a significant role in shaping social
relationships. Lighter-skinned individuals often enjoyed higher social status and
privileges compared to their darker-skinned counterparts. Social stratification
based on color and class created divisions within Caribbean societies, affecting
access to resources, opportunities, and social mobility.

D. Acculturation is determined by Eurocentric superiority in society: The

dominance of European colonial powers influenced the acculturation process in
the Caribbean. The official cultures, including language, religion, and dress, were
often dictated by the colonial powers, reflecting their Eurocentric perspective.
This resulted in the imposition of European cultural practices and the
suppression or marginalization of local cultural expressions.

E. Native and acquired cultures are dependent on links with the homeland:
The cultural identity of Caribbean communities is shaped by both their
indigenous heritage and the influences acquired from external sources. The
connections with ancestral homelands, such as Africa or Asia, continue to
impact the cultural practices, traditions, and customs in the Caribbean.

F. Creolization applied mainly to the African/European relationship until the

mid-19th century: The initial stages of creolization primarily focused on the
interaction and cultural blending between African and European influences.
However, over time, the arrival of other ethnic groups, such as East Indians and
Chinese, added new dimensions to the process of creolization in the Caribbean.

G. Creolization presents a threat to Caribbean groups trying to preserve their

culture and heritage by excluding others: The concept of creolization can be
viewed as a challenge to the preservation of specific cultural identities and
traditions within Caribbean communities. The blending and synthesis of
 different cultural elements in creolization can potentially dilute or overshadow
individual cultural heritages, leading to concerns about cultural loss or erasure.

H. One of the reasons for creolization was for adaptation and survival,
leading to the creation of new cultural forms: Creolization emerged as a
response to the challenging circumstances faced by diverse groups in the
Caribbean. It represented a process of adaptation and survival, where cultural
fusion and the creation of new cultural forms allowed communities to navigate
and negotiate their existence in a complex colonial environment.

Weakness: One criticism of the concept of creolization is that it primarily focuses

on the African/European relationship, neglecting the experiences and
contributions of other ethnic groups in the Caribbean, such as East Indians or
Chinese. This limited perspective can undermine a comprehensive
understanding of the complexities and diversity of creolization in the region.

It is essential to acknowledge that these points capture some aspects of the

debates surrounding creolization in the Caribbean and that interpretations may
vary among scholars and researchers. The concept of creolization continues to
evolve, and ongoing discussions shed light on its broader implications for
Caribbean societies.

CARIBBEAN SOCIAL PROBLEMS

1. Caribbean social issues, like so many other global issues, are often researched and
addressed using traditional Western philosophies and methodologies. However, some
societies have criticized the use of Western approaches recognizing their unsuitability
to accurately assess the distinctive culture, identity, and overall social structures of
these societies.

2. The Caribbean, similarly unique, is complex to define due to the footprints of its
colonial-plantation heritage, diverse languages and varied stages of economic growth
and development.

1. There is a clear distinction between a social problem and a sociological problem.

A social problem may be behaviour that goes against the norms or standards of a
particular society to the extent that it becomes an issue for public concern. It is usually
punishable by law. Consequently, governments may be forced to intervene in an
attempt to rectify the problem. A social problem, according to M. Cross (1970), is
"normally meant some established pattern of human behaviour which does not
conform to accepted social standards".
A sociological problem is "… suggested by the theoretical development of an
academic subject whose prime goal is the scientific understanding of man in society"
(Cross, 1970).

1. "A social problem 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).
Social Problems in the Caribbean- poverty, crime, juvenile delinquency, domestic
violence, STI's-e.g., HIV/AIDS

1. POVERTY
Despite the Caribbean's successful attempts at improving the standards of living of
the general populace, there is still the paradoxical and persistent presence of poverty.
Poverty in the region is estimated at 38% of the total population, ranging from a high
of 65% in Haiti to a low of 5% in the Bahamas. The phenomenon is not endemic to
Caribbean societies alone but is reflective of the global situation.
Poverty is correlated to other social problems, such as:
A. Migration.
B. Crime.
C. Environmental degradation.

Definitions of poverty
Admittedly, it is neither easy to define poverty nor measure it accurately. However, two
main constructs are widely used to measure poverty. These are:
A. Absolute/subsistence poverty: This is considered a condition of failure to meet the
bare essentials of 'physical existence'. Individuals are, therefore, unable to consume
that which is necessary for mere survival, i.e., minimum amounts of food and non-food
(such as clothing and shelter). Absolute poverty is customarily estimated through the
use of a poverty line, which involves placing a monetary value on a 'basket of goods',
i.e., food and non-food, deemed necessary for survival. Individuals are classified as
poor or falling below the poverty line if they are unable to purchase that basket of
goods because of their low-income level.
B. Relative/normative poverty: Unlike absolute/subsistence poverty, this concept
usually defines poverty in relation to a general standard of living and an accepted
quality of life. People are considered "poor" if they do not have access to certain goods
and services considered "essential" or "basic" when compared to the rest of society.
Thus, individuals "feel" deprived relative to other members of society. This concept was
developed to overcome some of the perceived limitations of the measurement of
poverty in its absolute sense.

Understanding Caribbean Society Poverty: Theoretical perspectives on poverty

Functionalist perspective: As one sociologist puts it, poverty exists in society, and will
always exist because it is useful and functional for certain groups in society. The
functions of poverty to the 'non-poor' include the following:
A. Poverty ensures that there is an available pool of people to perform menial,
dangerous, and uncomfortable jobs that no one else is willing to undertake. It also
provides staffing for mass-production industries which provide goods and services to
the non-poor but cannot afford high wages. Such industries include catering,
agriculture, and garment construction. In effect, the poor subsidizes the consumption of
the non-poor by reducing costs to this group.
B. Poverty protects the interests of the non-poor. Services directed at the poor provide
financial and employment security to a growing number of non-poor. For instance,
social workers, police and prison officers, and lawyers all have a vested interest in the
poor.
C. Poverty performs a psychological function by providing the non-poor with a positive
reassurance of their own worth by producing examples of failure. It, therefore, provides
a measure of status comparison.
D. Poverty readily provides an effective scapegoat for the non-poor. For example, all
the problems in society can always be blamed on the poor.
E. Poverty contributes to various art forms. The poor have used the arts as a means of
expressing themselves.

1. Culture of poverty perspective

This concept was developed by Oscar Lewis based on a 1961 study of Mexico, called
'The Children of Sanchez' and a 1966 study of Puerto Rico called 'La Vida'. A 'culture
of poverty' arises among people who have experienced extended periods of economic
deprivation. Under these depressed conditions new norms, values, and aspirations are
developed. These eventually become independent of the situations that produced
them, so that eliminating the problem does not eliminate the behavior that has been
developed to deal with it. Consequently, the result is a self-sustaining system of values
and behavior that is handed down from one generation to the next.

2. According to Lewis, the poor also exhibit the following characteristics:

 • Strong feelings of dependence, helplessness, and inferiority.
• The inability to defer gratification, that is, putting off today's needs for future gains.
• A sense of fatalism.
• Family life is usually characterized by consensual unions, that is, there are few legal
marriages.
• High levels of abandonment by fathers and spouses, of mothers and children.
• Lack of effective participation in the institutions of society.

3. However, Lewis' theory has also come under criticism. The contention, for example,
is that:
A. The characteristics of the poor, described by Lewis, are not true in all communities.
For example, in the Shanti Towns of Peru, there is a high level of participation in
community institutions. Further, the family characteristics are not true in all Shanti
Towns of Peru.
B. The poor have the same norms and values as the rest of society, but they are
unable to achieve them because of structural constraints such as unemployment, lack
of educational requirements, and low income. These structural constraints influence
the way they act and behave.

1. There are numerous interrelated factors that have contributed to poverty in the
Caribbean. According to the World Bank Report (1996), these include:
A. Low economic growth;
B. Low-quality social services.

1. Poverty in the region has increased in those countries with low or negative economic
growth rates for prolonged periods. This situation is partly due to:
A. External shocks (such as changes in international demand for a country's exports,
changes in the international interest rate on a country's external debt, or natural
disasters);
B. Inadequate domestic policy responses (such as significant increases in external
borrowing and expansionary monetary and fiscal policies).

2. The Report further admits that it is not possible to quantify the direct impact these
economic shocks and policy responses may have on poverty. However, they have
resulted in overall declines in per capita GDP (Gross Domestic

Product), in real wages, and in social sector expenditures. These combined forces have
undoubtedly caused some increases in poverty during the 1980s. Examples of
countries that have suffered substantial declines in their GDP during this period
include Trinidad and Tobago, Surinam, Jamaica, the Dominican Republic, Guyana, and
Haiti. For some countries experiencing disequilibrium, the 'solution' has been structural
adjustment.

1. Low-quality social services

The overall low quality of education and health services is also causes for poverty.
Although governments of the region are strongly committed to the provision of these
services, real expenditures on health and education have declined in many countries
over the past decade. Physical structures have deteriorated; equipment is lacking,
broken, or obsolete; teaching aids are limited, if not nonexistent, in some schools; and
there are shortages of medical supplies in many health centers. The poor are
particularly vulnerable, as they rely more heavily on the public sector, have higher
rates of malnutrition, but have lower access to education, preventive care, potable
water, and sewage. In urban areas, particularly, they often live in unsanitary,
overcrowded conditions.

Other consequences of Poverty:

a. Poor health- vulnerable to diseases and reduced life expectancy
b. Shifts in scarce resources away from productive activities
c. Lack of fundamental human rights- health care dignified living
d. The emergence of new health issues, especially the HIV/AIDS epidemic.
e. Increased vulnerability of social institutions such as the church and family.

Poverty Alleviation:
There are a variety of mechanisms that have evolved to assist the poor to cope with
their situation. These include:
A. Formal Safety Nets: This usually consists of a national insurance scheme, social or
public assistance, and a variety of other social programs targeted towards specific
groups such as school feeding programs, social funds, and public works/unemployment
relief programs.
B. Informal Safety Nets: These have traditionally been provided through the family and
the community. The extended family generally has provided a safety net not only for
elder members but also for the younger ones entering the job market or starting their
own family.
C. Alternative Programs: These programs are aimed at promoting income-generating
activities. Thus, facilities exist that provide access to credit, technical assistance, and
training for small business development for the poor. Many of these programs have
afforded the poor some degree of financial viability.
1. Poverty reduction strategies
From time to time, governments and international funding agencies come out with
strategies for poverty reduction/alleviation. Some of these strategies involve:
a. Promoting economic growth and sustaining macroeconomic stability;
b. Creating new employment opportunities and increasing wages in the labor market;
c. Improving the quality, efficiency, and equity in the delivery of social services;
d. Ensuring good governance and developing new partnerships between central
government, local government, NGO's, CBO's, labor unions, and the international
community;
e. Addressing problems of crime and violence;
f. Improving the social safety net;
g. Promoting community participation; and
h. Establishing poverty monitoring and evaluation tools.

1. CRIME: Defining Crime

A crime is any deviant act that breaks the law of the land. It includes any anti-social
conduct that is prohibited by law with sanctions that commit offenders into custody. At
the heart of crime is the concept of protecting not only the individual but society. Crime
developed primarily as a means of social control and as a means of protection for
members in society. For a sociologist, the subject of crime is interesting for several
reasons, such as:
A. Who decides what is criminal?
B. Why are some crimes punished in certain ways? E.g. Forty years ago a man would
probably have got a bigger fine for driving without due care and attention than for
beating his wife.
C. Are some groups more powerful than others in making decisions about what is
considered criminal?
D. Is there a social consensus, i.e., a commonly held view that agrees upon what
should be illegal and what should not?

2. Characteristics of Crime
When we think about the definition of crime, we will need to think quite deeply
about the social forces that bring about the decision to make some things illegal and
others not. We will also need to think about the process that decides which crimes are
the most serious.
• Crime is any action that breaks the law of the land and is punishable by formal
controls.
• While crime in and of itself is often regarded as a deviant activity, not all deviant
activities are defined as crime. For example, people who suffer from mental disorders
may be labeled or viewed as "deviant," but mental illness in and of itself is not
criminal.
• Some deviant behaviors have ceased to be criminal and gradually may cease to be
deviant. Crime is relative to time and place.
• Crime statistics are sometimes manipulated in order to serve political ends.
• Power structures in society influence the decision as to what is considered criminal.

3. The Difference between CRIME AND DEVIANCE

A. Deviance involves the breaking of social norms. Social norms change over time
and in different cultures. Societal norms evolve as a social process rather than a
decision-making process by people in authority.
B. Crime involves breaking the law. Decisions about what is legal and what is
illegal are made consciously by people in authority in the legal profession and the
government.
C. Deviance is culturally determined; what is normal in one culture may be deviant
in another culture.
D. Crime is the violation of norms; a society formally enacts into criminal law.

Domestic Violence
A. Physical Abuse Against You.
The legal definition of domestic violence includes: causing you physical harm (hitting,
kicking, slapping, throwing things, etc.) or threatening physical harm (with or without a
weapon), coercing you to do something or refrain from doing something by threats or
use of force, harassing you (causing emotional distress by lingering at your home,
peering in windows, following you, etc.), forcing or attempting to force you to engage
in any sexual act, or holding you against your will.
B. Emotional Abuse.
Domestic violence also includes placing a party in fear of imminent serious bodily
harm by threat of force. This includes threats of violence or other conduct that would
cause a reasonable person to suffer substantial emotional distress, like "I will hit you,"
"if you leave, I will hurt you," or "

if you tell anyone, I will kill you," so long as the act actually causes substantial
emotional distress.

C. Child Abuse.
The law provides for protection against violence towards children as well. Child
abuse is any physical injury, sexual abuse, or emotional harm inflicted on a child other
than by accidental means by an adult household member. This includes sexual abuse
of children, such as fondling or rape. The abused children need not be the children of
the abuser in order for you to file a child abuse petition. The law does, however,
exempt discipline administered in a reasonable manner.

1. White Collar Crime

White-collar crime continues to be accorded less priority relative to conventional
crime in society. Sutherland defined the term as "crime committed by a person of
respectability and high social status in the course of his occupation." Although there
has been some debate as to what qualifies as white-collar crime, the term today
generally encompasses a variety of nonviolent crimes usually committed in commercial
situations for financial gain. Many white-collar crimes are especially difficult to
prosecute because the perpetrators are sophisticated criminals who have attempted to
conceal their activities through a series of complex transactions.