Monday, December 30, 2019

Socrates Trial Essay - 662 Words

Socrates Trial In 399 B.C., Socrates, a seventy year old man, was brought to trial. He faced several accusations of different sorts. Initially, the court had pronounced Socrates guilty. However, because the law had no penalty ordained for his offense, it was required of Socrates to propose his own penalty, or to take the one suggested by Meletos, the death penalty. When the time had come for Socrates to state his defense, he addressed each of the accusations made against him, one by one, in attempt to absolve himself from wrong doing. The first accusation Socrates chose to contest declared that he was a student of natural philosophy. This meant that Socrates was believed to be one who sought to replace mythical explanations of†¦show more content†¦When the court called upon the parents and kinsmen of those Socrates had supposedly corrupted to testify, though many were present at the trial, none came forward. Because of this, Socrates believed that he had not corrupted others, for if he had , they would surely seek revenge and be glad to testify against him, given the chance. Socrates truly felt that people enjoyed listening to his stories and spending time with him. He claimed that it was never his intention to teach anyone, only to discuss issues with those who cared to listen. Socrates was also accused of being an atheist, or one who does not believe in a god. This indictment was contradicted as the elderly man justified to the court his belief in spirits and other gods. He said it was not possible for a man to believe in divine things and spiritual things, as he did, and yet, not in gods and spirits and heroes. In other words, Socrates said that the belief in qualities implied the existence of those things to which the qualities corresponded. To further illustrate this idea, he used an example involving horsemanship, or the quality of riding horses well. If this quality existed, then horses must also exist since horsemanship would not be possible without them. Ther efore, if Socrates believed in spirits, as Meletoss affidavit affirmed, he must have also believed in spiritual beings, or gods, as well. And because he did, Socrates could not have been an atheist afterShow MoreRelatedThe Trial of Socrates1543 Words   |  7 PagesIn the trial of Socrates, I juror number 307, Ryan Callahan vote the defendant is Not Guilty on the first charge of Corrupting the youth. My justifications for this vote are as follows. Socrates didn t corrupt the youth, he just shared his ideas with them and they in turn chose the path to take these ideas. Part of understanding this case is understand the time in which the case was held. This time being 399 B.C., a time in which Athens was a free democratic city, a town which prided itselfRead MoreTrial of Socrates1059 Words   |  5 PagesSocrates was a great philosopher of the Greek world. He was quite an atypical and distinctive person. Being different from all the other philosophers of the land, Socrates was teaching his students ideas totally out of the ordinary from what the society believed was right. As a result, he displeased many people so much that they decided to get rid of him. Socrates was put to trial, accused of spoiling the youth of Athens, tried and sentenced to death. His personal defense is described in works twoRead MoreTrial of Socrates1073 Words   |  5 PagesSocrates was a great philosopher of the Greek world. He was quite an atypical and distinctive person. Being different from all the other philosophers of the land, Socrates was teaching his students ideas totally out of the ordinary from what the society believed was right. As a result, he displeased many people so much that they decided to get rid of him. Socrates was put to trial, accused of spoiling the youth of Athens, tried and sentenced to death. His personal defense is described in works twoRead MoreThe Apology About The Trial Of Socrates1874 Words   |  8 PagesThe Apology was about the trial of Socra tes, how he went before the jury to defend himself from the charges brought against him. Socrates was charged with impiety he does not believe in the gods whom the people believes in he is portrayed as an atheist and he speculates about the heaven and thing beneath the ground, he seeks natural explanation for astronomical and geological phenomena rather than the gods and also he corrupts the youth he infuses in them a spirit of criticism his questioning ofRead MoreThe Trial And Death Of Socrates845 Words   |  4 Pagesright or not. For that, in this essay, we will use Plato’s The Trial and Death of Socrates, as our example of how this kind of attitudes play in Socrates’ life as it is well-known as intelligently and morally lived one. In Euthyphro section, Socrates meets a man named Euthyphro before his trial, where he is being accused by Meletus for corrupting the youth. While Euthyphro is here to prosecute his own father for the case of murder. Socrates starts to ask him about his meaning of piety. â€Å"It is notRead MoreThe Trial And Death Of Socrates1701 Words   |  7 PagesIn reading, The Trial and Death of Socrates, Socrates presents himself against â€Å"the majority† and endures prosecution for inventing new gods and not believing in old ones. Socrates lives a life that is opposite of much of the â€Å"the majority† ideals. â€Å"The majority† values goods, possessions, and uncontrollable attributes given to them by others such as a high reputation and honor. In addition, The Greek Philosopher was able to refuse the opportunity to escape his death sentence while he had sons atRead MorePlato s The Trial And Death Of Socrates Essay1671 Words   |  7 PagesPlato’s The Trial and Death of Socrates presents the reader with complex competing conceptions of what should be considered â€Å"the good life†. According to Socrates, â€Å"the most important thing is not life, but the good life† (Crito, 48b). The majority, who live a non- philosophical life, believes the goods of life include wealth, reputation, and honor: all things that can easily be taken away or destroyed. On the other hand, Socrates lives a philosophical life filled with self-sufficiency. He views wisdomRead MoreThe Trial of Socrates: an Analysis and Construction of Socrates Defense2369 Words   |  10 PagesThe Trial of Socrates: An Analysis and Construction of Socrates Defense Understanding the decisions made by the jurymen in Socrates trial will always be a mystery, but one can perceive why some would have voted the way that they did. Politically and historically Athens was a thriving place of innovation and philosophical advancements. Athens could very well be divided, morally on various aspects, one of them being which â€Å"political† affiliation Athenians related themselves with. Some choicesRead MoreThe Trial and Death of Socrates Essay1639 Words   |  7 PagesThe portrayal of Socrates, through the book â€Å"the trial and death of Socrates† is one that has created a fairly controversial character in Western history. In many ways, Socrates changed the idea of common philosophy in ancient Greece; he transformed their view on philosophy from a study of why the way things are, into a consideration man. Specifically, he analyzed the virtue and health of the human soul. Along side commending Socrates for his strong beliefs, and having t he courage to stand by thoseRead MoreThe Apology And Interpretation Of The Trial Of Socrates1183 Words   |  5 Pagesinterpretation of the trial of Socrates (399 BC). When the Thirty Tyrants were ruling Athens, Socrates was asked by them to help capture Leon of Salamis, a wealthy man. This arrest was to be made simply because Leon was a just Democrat and the Tyrants wanted to take his huge estate for themselves. Socrates disobeyed these orders hence why he was later executed as a traitor of Athens. Meletus was the man who then brought Socrates before a jury for prosecution. Socrates pleaded innocent in his trial. Similarly

Sunday, December 22, 2019

Types of Communication - 1814 Words

The word communication is taken from the word communicate which is also taken from the word commune. The word commune means to share ideas, feelings, according to the Groliers dictionary. Communication is the process of imparting or interchanging of thoughts and opinions by speech, writing or signs. There are several types and kinds of communication. Some types of communication are: mass communication, group communication, individual, public, interpersonal and intrapersonal communication, corporate communication. Kinds of involves how the communication process is carried out, this can also be considered the setting of communication. The kinds of communication are formal, informal, grapevine and bypass communication. Kinds of†¦show more content†¦One way to combat the potential destructive consequences of the inaccurate information is to take the time to listen to the grapevine instead of ignoring it. Once managers are aware of the content of the grapevine, they can head off potential problems by manipulating further grapevine communications by injecting factual information into the pipeline. This actually serves a dual purpose. Bypass communication usually takes the form of grapevine communication but is usually used to spread news of importance among many senders and receivers. The information passed on are usually true even if distorted or exaggerated somehow. An example of such communication is the news of death in regards to a well known figure or untimely tragedies. Bypass may be interrupted at any point of the process since there is no guarantee the news must be passed on. Bypass communication may be limited to only one community or spread among many over a large geographical area. This communication is usually done by passing on information in circumstances realized to the sender or unaware to the sender. Example telling a story of great importance in a public- transport(Example-bus). The sender may only be aware of the receiver the information is being directed to, yet the information may be passed on to unsuspecting or unintended listeners who in return becomes senders of the messages later in the process. Types of communicationCommunication varies according toShow MoreRelatedTypes Of Communication985 Words   |  4 PagesStarting a new beginning at an agency is always an exciting but nervous feeling for myself. I’m never sure of the type of agency I am entering but I am sure to prepare myself for what is to come. I believe that first impressions are crucial on the projection of setting the tone for the duration of the time I would be with the agency. I also focus on the first initial line of communication to determine how the agency conducts business. Based upon an agency response time, that tells me how effective theyRead MoreTypes of Communication4303 Words   |  18 Pagesexamples of organisational communication, discuss what the four main approaches to media research explained by McQuail (2005, ch 3) offer to an understanding of company media communication. Communication is the exchange or transfer of information. It covers just about any interaction between people. It is described by McQuail as, â€Å"a process of increased commonality or sharing between participants, on the basis of sending and receiving ‘messages’.† As communication is the sending and receivingRead MoreTypes of Communication2618 Words   |  11 PagesTypes of Communication Communication is something that we all do every day and something that we must learn to do from the day we are born in order to interact with others and become a functional member of society. We must learn to constantly improve our communication skills in order to express to other what we need and what we are feeling and to help others with their needs and problems. There are many different ways that we all communicate with each other every day. Verbal communication isRead MoreThe Defensive Communication Types Of Communication1331 Words   |  6 Pageshttp://viDefensive Communications For each of the following defensive communication types, discuss a time when a person engaged in this sort of defensive communication with you. Additionally, discuss the emotions you experienced in each defensive communication situation. Judgmental or evaluative communication: â€Å"Any message perceived as evaluative or judgmental increases the receiver’s defensiveness. When an individual is being evaluated or rated, he or she is more on guard. In contrast, nonblamingRead MoreCommunication Is The Biggest Type Of Communication4021 Words   |  17 Pageseven more is communication. Communication is the imparting or exchanging of information or news and it is a means of connection between people or places. This known factor can be used as a large tool of improvement in any thing anybody could possibly think of relationships, teams, jobs, and as our world knows, evolution. People now a days are aware of how huge communication is to our world, to the point they want to make it so much easier to the people. When people think about communication, they automaticallyRead MoreThe First Type Of Communication1348 Words   |  6 Pages 1. The first type of communication in infants is reflexive this includes movement, crying, and facial expressions. The first type of vocalization that is non crying is the infants cooing. Cooing makes up a variety of speech sounds like oooooooh, eeeeeeeeh, and aaaah. These are sometimes produced accidently. The infant is not born to intentionally produce sounds. The infant when practicing can eventually can produce the speech sounds of their native language, but they have reinforcement to accomplishRead MoreTypes of Communication Methods985 Words   |  4 PagesRunning Head: THE INNS AND OUTS OF COMMUNICATION Communication Methods Communication is the sharing or transfer of information, ideas, command or request through a communication means or mode (Tantawy, 2013). The means of communication are written or spoken words, pictures, gestures, symbols, body language and looks. The primary modes are the written letter or memo, telephone, voice mail, e-mail, fax and electronic medical record (Tantawy). The types used in organizations, including healthcareRead MoreThe Types Of Communication Styles881 Words   |  4 PagesAmong living creatures communication is paramount; for safety, for survival, for the accomplishment of tasks and for the passing of a genetic chain through the centuries. Historically, the methods that humans have used to communicate have progressed from grunts and gestures to advanced forms of music, art and electronic video. Effective communication has led to our survival and to the advancement of our industries and technologies. Poor communication has led to grave misunderstandings, at timesRead MorePoetry Is A Type Of Communication Essay1470 Words   |  6 Pagesthe poet to be completely vulnerable while fully clothed. If you took the art from poetry, it would simply be a word puzzle; not even as complicated as a crossword (after all, some poems do not rhyme or even have much of a meter.) Art is a type of communication. Unlike prose and other simpler reco rding mechanisms, the point of art is usually to provoke an emotional response in the audience. This is because emotional experiences are so varied and often in response to a variety of non-emotional physicalRead MoreTypes And Forms Of Communication Essay1784 Words   |  8 PagesIntroduction Overview Communications skills are fundamental to any person’s life because naturally, man is a social being and people spend most of their time communicating in different forms such as; oral, non-verbal, written and interpersonal. Most successful people are those who are good at interacting with other people in different situations. The ability to skilfully interact with people is grounded in a person’s unwavering skills in the different forms of communication. Therefore, it is important

Saturday, December 14, 2019

Antigone †Foils Free Essays

Antigone Foil – characters who have contrasting or opposite qualities. In the play Antigone by Sophocles, Ismene is shown to be in great contrast to Antigone, who is her sister. She is portrayed as a gentle and passive while Antigone is depicted as an aggressive and headstrong woman. We will write a custom essay sample on Antigone – Foils or any similar topic only for you Order Now In the prologue, Antigone and Ismene are shown discussing what has transpired since their leave and subsequent return to Thebes. In this scene Antigone asks her sister in line 6-7 â€Å"have they told you of the new decree by our King Creon? † which Ismene then responds that â€Å"I have learned nothing. I know that two sisters lost two brothers, a double death in a single hour, and I know that the Argive army fled in the night; but beyond this, nothing† (Sophocles 0:7-9). In this Ismene is show to be not very well informed and â€Å"out of the fold† while Antigone seems to know in detail all that has occurred and all that has yet to occur as seen when she replies to Ismene that â€Å"Creon buried our brother Eteocles with military honors, gave him a soldier’s funeral, and it was right that he should; but Polyneices, who fought as bravely and dies as miserably – they say that Creon has sworn no one shall bury him, no one mourn for him, but his body must lie in the fields, a sweet treasure for carrion birds to find as they search for food. That is what they say, and our good Creon is coming here to announce it publicly; and the penalty – stoning to death in the public square! There it is, and now you can prove what you are: A true sister or a traitor to your family† (Sophocles 0:15-27). How to cite Antigone – Foils, Papers

Thursday, December 5, 2019

Measuring Performance Collaborative Public †Free Samples

Question: Discuss about the Measuring Performance for Collaborative Public. Answer: Introduction Performance evaluation helps in understanding the quality of services delivered by a system and performance is evaluated of an employee accordingly. Performance management is one of the most important functions of an organisation. The process however comprises of key techniques like direct measurement of performance, analytical tools etc. The key attempt of developing performance management tool is to study and understand if the working set up is in a good condition or not, and if the entire set up needs up-gradation or not. Based on the evaluation the employees are ungraded and trained to enhance overall performance (Aguinis, 2014). In this report Olympus Health group shall be considered and thus focus on evaluation of performance assessment tool in Australia. Improving staff performance in healthcare domain helps in saving human lives and money in a defined way. Irrespective of the size or magnitude of the company performance management tools guide the company towards performance improvement and also attain sustainable result. Adoption of performance management tool therefore aligns people with the mission vision of organisations approaches and also influences financial measures. The performance management tool aligned people with companys mission in a defined way. Some of the key performance management tools as found effective in healthcare domain, are, balanced scorecard, lean, Baldrige and Studer. Each management tool could be implemented separately or in combination to improve overall culture and performance of the health care organisation (Ashdown, 2014). Balanced score card: It has been often mentioned that one should never drive the organisation by looking only through the rear-view mirror and Balanced scorecard supporters hence focus on measuring as well as monitoring performance from both past and present and emphasise on future performances. This is often achieved by identifying companys mission into four equal perspectives of performance and strategy. Implementation of Balanced score card in a company soon impacts on the overall culture. Hence, this approach is very effective in the healthcare domain as it instils a culture of learning and growth in employees (Bratton and Gold, 2017). This strategy also guides employees the employees and help in identifying unique role that is needed in order to serve the mission of the organisation. In short, such an approach when implemented in Olympus health group is likely to improve overall performance, productivity as well as culture. In the system the internal process perspective drives operation in a defined way and hence focuses on organisations mission and strategy and possesses the ability to reduce workload by strategically focusing on mission-driven tasks. Teaching is an important profession in the society. It is a responsibility of an individual to impart knowledge and help students understand and grow in a defined way. As far as the area of education is concerned it is to be mentioned that apt training and management helps in gaining knowledge about the task and hence one could offer services in a proper way. Training nurses also enhanced my knowledge base on ways of effective teaching (Dessler, 2017). As an assessment tool initiator it could be mentioned that having studied here during the course of teaching approaches and ways in which I shall improve knowledge sharing and teach students. I have understood several key characteristics of teaching and even studied specific models on learning. As an aspiring teaching professional, I have gained immense knowledge from the respective course. I have also learnt that in order to teach properly one should adopt specific teaching methods and ensure that students learn information in a proper way. During the course, I learnt several effective methods that should be implemented to teach students and enhance their knowledge in a defined way. I have gained knowledge on effective techniques and characteristics of teaching. Hence the course was helpful and helped me in enhancing my knowledge in a defined manner (Kapucu and Demiroz, 2011). Mistakes are common and students could easily make mistake. As a teacher, it is my responsibility to help students understand their shortcomings and perform in a defined way. I have also gone through cultural and other aspects of society and decided to teach students to enhance knowledge about several aspects of life. I have learnt about techniques and the need for creating an environment for teaching and thus ensure that involving and interactive environment would help in learning in a better way. In this perspective, I would mention that several methods of teaching have been learnt to ensure that students have properly gained the knowledge and they could now explain issues in greater detail (Little, 2007). It is here I have also learnt ways of developing an interest in a topic or subject by implementing specific methods in teaching. Since not every student enjoys every class, it is the responsibility of the teacher to implement specific methods and through innovation involve and up grade students in a defined manner and help them grow as a responsible citizen of the society. Education is an integral aspect of cultured and civilised society. It is the responsibility of a teacher to help children gain knowledge through a proper learning process and grow as a healthy and responsible citizen of the society. Thus, as a responsible individual from the society, I have selected the profession and wished to help children learn and grow in a proper way. . I have hence not only learnt about techniques of teaching but also enhanced my skill and knowledge about ways of knowledge evaluation or else it is difficult to understand how far students have understood the topic or area of discussion. These effective teaching methods approaches have hence helped me immensely and I could now offer the much needed mentoring and coaching sessions (Dessler, 2017). Job analysis: job analysis mainly includes description of the job. In the retail industry it is imperative for an employee to understand the job role in order to perform as per the job demands. Though various organisations in the retail sector have their own standardization, but the job analysis includes certain aspects like identification of the data that is to acquire knowledge regarding the job tile, pay grade, department role and so on. On the other hand, organisational data, job summary and job content are being delivered to the applicant through conducting interviews which is a major part of the staff selection (Olympus Medical Center, 2017). It is another assessment tool which could be implemented to evaluate performance in a defined manner. Health care in Australia generally focuses on improving services towards patients and less on interventions. According to the Australian Public Service Management Advisory Committee (2001) effective performance management includes the following; Thus as per Australian policy makers effective performance management should include goal setting as well as formal performance appraisal tools such as informal feedback throughout the cycle. When managers successfully receive positive feedback both individual as well as organisational performance of Olympus health care improves (Aguinis, 2014). Effective performance management techniques suitable in this situation include application of special approaches, such as periodic performance appraisal is a key performance management component. Appraisal here has aimed at meeting employees work objectives, identifying training needs if any and also gives feedback on individual activities so that the management could plan accordingly for improvement. Formal appraisal session could be implemented for best result, such as; Evaluate the staffs performance strength. This evaluation will help in underpinning weaknesses and also help in addressing key issues or problems associated with services. Focusing on specific areas will help in offering apt guidelines for performance improvement. This approach will further help in boosting an individuals moral as generally if the manager says poor job, inadequate performance this demotivates the performer and impacts on overall performance (Ashdown, 2014). Secondly, the approaches should focus on adopting key ways to improve organisations culture and work environment. Giving respect and identifying ways in which a staffs personality could fit in the organisation would further help in encouraging positively and create a sense of belonging. Thus motivate individual performance. Collect feedback from different sources. Application of 360 degree feedback will help in this perspective. The management will be able to get a broader understanding of employees performance oriented issues if any. Ensure that the individual should have proper knowledge of what is expected from him (Bratton and Gold, 2017). Performance assessment plan is a process of improving individual performance by application of guidance as applied by managers after identifying the issues in existing activities. Hence, before implementing training sessions, it is essential to implement goal setting. Identifying a goal automatically helps in establishing a focused vision and then one could plan growth and improvement as per the goals. Goals help in prioritising activities and hence increase determination. Thus, performance improvement planning becomes more planned and organised with the help of goal setting (Dessler, 2017). Thus goals should, time bound, specific, easily achievable, and motivate staffs to achieve within a time frame. Some other techniques of performance assessment that could be implemented here for improving employee productivity are; Job satisfaction is an important factor in performance management. Satisfaction level impacts on overall performance as it impacts on the psychology of the staff. If the staff is happy and satisfied with the nature of job and also with the salary automatically he performs in a satisfied manner and dedication increases. Thus evaluation of employee job satisfaction level will automatically help in identifying de-motivated staff and encourage towards implementation of effective motivating techniques like training and additional facilities or perks to improve performance in a defined way (Kapucu and Demiroz, 2011). This is another key issue that plays a pivotal role in employee management. When employees are happy with job security they automatically perform without nurturing any tension from uncertainty or threat of becoming jobless. Hence implementing good work environment and offer worker safety and other health care benefits as per the human resource policies of the government will improve employee activities (Maddux, 2006). Conclusion: Thus, it could be underpinned here that adopting a strategic plan will help in improving performance of the Olympus health care in Australia in a significant way. Some of the key performance indicators have been identified so that it could be implemented in order to improve overall performance of the organisation in a defined way. Employee motivation is important in order to improve performance and employee engagement. Hence application of training and other approaches are likely to improve employee performance, increase level of customer satisfaction and this would lead to business enhancement, revenue generation and ensure long term sustainability. References Aguinis, H. (2014).Performance management. Harlow, Essex, GB: Pearson. Ashdown, L. (2014).Performance management. Philadelphia, PA: Kogan Page Ltd. Bratton, J. and Gold, J. (2017).Human resource management. London: Palgrave Macmillan. Dessler, G. (2017).Human resource management. Place of publication not identified: Pearson Education Limited. Hutchinson, S. (n.d.).Performance management. Kapucu, N. and Demiroz, F. (2011). Measuring Performance for Collaborative Public Management Using Network Analysis Methods and Tools.Public Performance Management Review, 34(4), pp.549-579. Little, R. (2007). Using periodic performance reviews as a management tool.Nursing Management (Springhouse), 38(7), p.10. Maddux, R. (2006).Performance management. Boston, Mass.: Course Technology. Mitchell, D. (2007).Performance management. Chandni Chowk, Delhi: Global Media. Mondy, R. and Martocchio, J. (2004).Human resource management. Olympus Medical Center. (2017).About Olympus - Olympus Medical Center. [online] Available at: https://www.olympushealthgroup.com.au/about-olympus/ [Accessed 30 Aug. 2017]. Schwartz, A. (1999).Performance management. Hauppauge, NY: Barron's Educational Series. THORPE, R. (2015).PERFORMANCE MANAGEMENT. [Place of publication not identified]: PALGRAVE MACMILLAN. Torrington, D., Hall, L., Atkinson, C. and Taylor, S. (2009).Human resource management.

Thursday, November 28, 2019

Salomon v salomon free essay sample

This essay will examine the legal standing of the doctrine of separate legal personality as it was developed in Salomon v. Salomon Co Ltd [1897] AC 22. Even though this doctrine is the stone head of the English company common law, the courts introduced several exceptions which undermined the veil of incorporation. The exceptions were firstly introduced in the mid-60s by Lord Denning in Littlewoods Mail Order Stores Ltd. V IRC [1969], and allowed the court to lift the veil and hold the shareholders liable for the companys actions. The main reason for the courts to lift the veil is where the shareholders had abused the privileges of limited liability and incorporation. Corporate personality and incorporation Incorporation is the procedure of stating a company as separate legal personality from its shareholders. At the time when a company is incorporated, it becomes a separate legal personality; namely it has legal existence in the eye of law. We will write a custom essay sample on Salomon v salomon or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page By corporate personality it is considered that the company has a different identification from its members and the members liability is extended only up to the amount they have to pay for their shares. One of the main effects of limited liability is that the company carries its own contracts. The companys creditors can take action only against the company even though sometimes they will not be able to retrieve their money back if the company is liquidated. Furthermore, the company is not affected from the death or the decision of a member who withdraws. It might affect the functions of the company but it will still exist. A company owns its own assets. The assets belong to the company; the members have no rights over companys property. This provides security to the creditors as the shareholders will not be able to extract the assets out of the company and reduce companys value. Salomon v Salomon . Co Salomon had a business as a sole trader and decided to enlarge it to a company called Salomon Co Ltd. His family held from one share each and he held the remaining largest portion of shares. After the sale of the business, the company paid in return cash to Salomon and his family and debentures to Salomon in person. Soon the company faced financial problems and Mr. Salomon and another creditor had to lend the company money. Unfortunately the company came into liquidation and the liquidators supported that the debenture was invalid as Mr. Salomon was a creditor of Salomon Co Ltd; his own company. Even though the High Court held that the creditors allowed claiming against Mr. Salomon, the House of Lords held that the company was correctly incorporated; it was not relevant that the other members of the company had not as important part as him. Thus Mr. Salomon and Salomon Co Ltd were two different entities and the redemption of debentures was a priority. Salomon’s case was remarkable in extending the principle of separate personality. Even though after incorporation the company has the same nature it is a different legal person from its creators. The company is not an agent of its creator and he is no liable for the company unless it is provided by the Act. The effect of the doctrine laid down in Salomon v Salomon The Lords in the Salomon case stated that: The company is at law a different person altogether from the [shareholders] ; and, though it may be that after incorporation the business is precisely the same as it was before, and the same persons are managers, and the same hands received the profits, the company is not in law the agent of the [shareholders] or trustee for them. Nor are the [shareholders], as members, liable in any shape or form, except to the extent and in the manner provided for by the Act. Accordingly, it can be argued that Salomon case established the doctrine of separate legal entity and limited liability. Once a company is lawfully incorporated, the members enjoy limited liability with no regard to several circumstances such as the number of the members and the fact that a member may be the only director or employee. The most important effect of limited liability is that the shareholders are not liable for any debts as the company is a separate legal identity. In the case of bankruptcy, members personal assets are protected and out of reach by the companys creditors. The Salomon case safeguarded members personal property and offered members a security as they can have earnings from the company while they are protected. However, this protection offered by the Court to companys members made the companys creditors skeptical, since, in some cases the company was used to defraud the creditors and the state. The courts had to balance the protection to shareholders and the injustice against the creditors. Accordingly, the courts had to be ready to ignore the doctrine of separate legal personality and lift the veil of incorporation in cases where the company is incorporated in order to defraud. Case of Littlewoods Mail Order Stores Ltd V Inland Revenue Commissioners and the statement of Lord Denning Lord Denning was the precursor of lifting the veil of incorporation. Specifically, in the case Littlewoods Mail Order Stores Ltd. V IRC [1969], Littlewoods rented premises on 99 year lease from Oddfellows, on a very low price (? 23444). Later the value of money changed and after 22 years Littlewoods and Oddfellows decided to find a way to both benefit. Oddfellows transferred the premises to Fork Manufacturing Co. Ltd. , a wholly-owned subsidiary of Littlewoods. F. M let the premises to Oddfellows for 22 years and 10 days at ? 6 per year. The lease 99years lease was surrendered and Oddfellows became a lessee of the company for 22 years with rent ? 42450 per year. Littlewoods appealed to the special commissioners against assessments to income tax supporting that tax benefits were associated with land acquired for subsidiary. The commissioners did not accept the appeals after detecting that the purpose of Littlewoods getting into contract was to ensure for its subsidiary the freehold reversion while maintaining occupation in the context of under lease. Hence, the ? 19006 was not an outcome of the company’s business and the deduction was forbidden by section by section 137 (a) and (f) of the Income Tax Act, 1952. 1 The House of Lords held that he could not recognize the parent company and the subsidiary as one at the present case. Lord Denning supported that the courts have to be prepared to look behind a company and find the real purpose of its creation and operation. The court’s decision in Littlewoods case balanced the protection of the shareholders and the risk undertaken by companys creditors. The courts managed successfully to offer protection to creditors without opening the floodgates for actions against the innocent members. This was accomplished by carefully regulating and stating the exceptions to the doctrine of separate legal entity and limited liability. Concept of lifting the corporate veil and the circumstances when the courts will apply this In some cases entrepreneurs try to take advantage of the veil of incorporation for deception purposes. Therefore, the courts may find that this liability protection should not apply and lift the corporate veil. This allows creditors to recover damages from the members personal assets if the corporate assets are not enough to compensate them. The lifting of corporate veil is adopted to prevent any violation of the incorporation and it targets only those responsible for the situation. The veil can also be lifted when the defendant uses the company to evade any legal responsibilities (Jones v Lipman [1962] 1 All ER 442), when the company is a sham or facade and it is created for fraud. The relevant leading authority is Trustor AB Smallbone (No. 2) [2001] 1 WRL 1177. The company was a sham and created as a ‘mask’ to help the transfer of money, it was involved in the impropriety and thus it was necessary to lift the veil for the purposes of justice. In general, the veil is lifted in cases where the company is used as a mask to mediate or hide the real reason of its creation. A director cannot hide behind the representative liability of his company where he is fraudulent. According to the Insolvency Act 1986 under the section 213,214 a director is liable if in the case of liquidation of the company, it is discovered that the company carried on for fraudulent reasons. Moreover, he is also liable for wrongful trading if at that time knew or should have known that there was no reasonable possibility that the company would avoid going to liquidation. When the director is deprived of his legal rights but still continues to act, then he will also be jointly and severally responsible for any liabilities and debts of the company. Additionally, the veil is lifted for the benefit of the nation or the community (Daimler Co. v Continental Tyro Co Ltd [1916] 2 AC 307). Finally, when the company equitable winds up; it is treated as a partnership even though there is no contract, when abuses legal procedures (Re Bugle Press [1961- Ch. 270]) or if the company of a group does not fill a group account in conjunction with individual accounts then the ‘cape’ is lifted. The circumstances of lifting the veil are not always straightforward and each case has to be examined individually. Conclusion Salomon v Salomon established the corporate veil in English courts and it offered protection to the shareholders of the company. Despite this, the boundaries of this security have changed over the years. The courts tried to balance the protection of the shareholders and the risk faced by creditors of the company and accordingly the Littlewoods case established the first exceptions to the general rule of limited liability. This resulted to the fact that the members of the company sometimes may be equally and personally liable. Lifting the veil of incorporation, should be confined to the cases which the companies are used as masks for defraud. The veil should not be used wrongly, as, that will lead to arbitrary shield for those who want to divert the power of Company Law.

Monday, November 25, 2019

Free Essays on Life Of Muslims

The faith of Islam is founded on the belief that there is One Compassionate, All-encompassing God; that the purpose of His creation is to know Him; and that the approved existential behavior is sustained only in order to arrive at that knowledge. Man's primary and most urgent business is the knowledge of God, and the transformation that naturally follows. Every other human pursuit is secondary. In this chapter we look at how Islam transformed people's outlook on life and how it shaped the way they lived. What were the unifying factors that gave Muslim culture its cohesion? How did Islam affect business and trade? What was the relationship between rulers and the ruled, and why was it that they did not produce a stable 'civil service' independent of the ruler's person? These and other questions are addressed by focusing on specific aspects of the life of Muslims, which because of limitations of space is by no means comprehensive. As a complete system of life-transaction the Din of Islam affects every aspect of human experience. It permeates the person at the physical, material, mental, intellectual and spiritual levels, and therefore percolates into individual, familial, social and every other aspect of civil and cultural life. It is for this reason that we find such strong symmetry amongst racially, culturally and geographically diverse Muslims. A familiar thread weaves its way visibly from the life of a Muslim in China to the life of a Muslim in West Africa. There always have been and always will be localized elements of indigenous custom and cultural expression, but this diversity reflects geographically inherent differences and sometimes inherited pro-Islamic behavior. On the whole wherever Islam spread it purified the existing culture from past inhuman, unjust or unnatural habits and conditioning. Those customs that were found to permissible, or indeed improved by Islam, were allowed to continue. While Islam suffused the ... Free Essays on Life Of Muslims Free Essays on Life Of Muslims The faith of Islam is founded on the belief that there is One Compassionate, All-encompassing God; that the purpose of His creation is to know Him; and that the approved existential behavior is sustained only in order to arrive at that knowledge. Man's primary and most urgent business is the knowledge of God, and the transformation that naturally follows. Every other human pursuit is secondary. In this chapter we look at how Islam transformed people's outlook on life and how it shaped the way they lived. What were the unifying factors that gave Muslim culture its cohesion? How did Islam affect business and trade? What was the relationship between rulers and the ruled, and why was it that they did not produce a stable 'civil service' independent of the ruler's person? These and other questions are addressed by focusing on specific aspects of the life of Muslims, which because of limitations of space is by no means comprehensive. As a complete system of life-transaction the Din of Islam affects every aspect of human experience. It permeates the person at the physical, material, mental, intellectual and spiritual levels, and therefore percolates into individual, familial, social and every other aspect of civil and cultural life. It is for this reason that we find such strong symmetry amongst racially, culturally and geographically diverse Muslims. A familiar thread weaves its way visibly from the life of a Muslim in China to the life of a Muslim in West Africa. There always have been and always will be localized elements of indigenous custom and cultural expression, but this diversity reflects geographically inherent differences and sometimes inherited pro-Islamic behavior. On the whole wherever Islam spread it purified the existing culture from past inhuman, unjust or unnatural habits and conditioning. Those customs that were found to permissible, or indeed improved by Islam, were allowed to continue. While Islam suffused the ...

Thursday, November 21, 2019

Managment Motivating Style Essay Example | Topics and Well Written Essays - 1000 words

Managment Motivating Style - Essay Example This paper describes management motivating style, by focusing the motivating styles practiced by Raul Valdez, Manager Cardinal Health. Raul Valdez was interviewed with the purpose of identifying the approaches he applies in to motivate his employees. In order to set up an environment that will stimulate the employees to motivate themselves, Valdez has recognized the need to understand the employee’s motivational needs. He does this by evaluating every employee’s motivational needs that are consistence with the strategies and goals of the organization. Valdez says that the success of their organization directly depends on the improvement of an individual’s or group’s motivation (Singla 265). Valdez derives his motivation skills from theories by Herzberg and Maslow. Maslow theory suggest that people are motivated by a hierarchy of needs which include safety needs, esteem needs, physiological needs, belonging needs and self-actualization needs (Beach 31). Phy siological needs refer to the standard basic needs such as water, air, food, shelter and sleep. Safety needs entail personal security and safety as well as job security. Belongingness is the need to be part of groups such as family, clubs, religious groups, and work groups (Beach 31). Self esteem needs are grouped into two categories. The first esteem originates from mastery or competence of a task. The second esteem result from recognition and attention that come from other people. Self-actualization need is the â€Å"desire to become everything that one is capable of becoming† (Beach 32). Maslow suggested that individuals are motivated by the needs that are above the minimal needs which are fulfilling (Singla 265). People have fulfilled certain set of needs are not likely to be motivated by environments that fulfils needs at the lower level. Similarly, people will not be motivated by environments that fulfill higher needs before their lower needs are fulfilled (Beach 31). T his is the reason why Valdez has to determine how each employee works and what sparks energy in them. He says that employees have their personal needs and own drive that must be fulfilled for them to get motivated. He achieves this by maintaining adequate communication system with every employee, as well as watching and observing them. When the manager is faced with performance problem resulting from lack of motivation, he discusses the cause of the problem with every employee, and suggests what can motivate them, or the fact that makes them lose focus. For example, employees who are struggling to fulfill their physiological needs of sufficient shelter, food and water are likely to be motivated by the self-actualization (Beach 32). They should also be encouraged to seek inner peace and knowledge. Similarly, employees who have secure family, healthy ego and safe homes influenced by accumulation of wealth, are likely not to be motivated by providing financial rewards. Herzberg’ s motivation theory deals with the activities employees do at work. The motivators are recognition, growth or advancement, interest and achievement in the job (Hiam 35). In order to apply these theories, the leaders and managers must understand the motivational need of an individual or a group, so as to set up an environment in which they will motivate themselves. In addition, an overall approach that will reinforce the desired motivation is also established. This is the reas