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Friday, August 28, 2020
Womens Position in Society in Virginia Woolfs A Room of Ones Own Ess
Ladies' Position in Society in Virginia Woolf's A Room of One's Own The entry toward the finish of the Third Chapter in A Room of Oneââ¬â¢s Own by Virginia Woolf manages two significant topics of this paper. The first being the manners by which ladies were held down and made mediocre compared to men, and the second being the means by which this influenced womenââ¬â¢s composing. Woolf affirms that ladies were made mediocre as an immediate aftereffect of menââ¬â¢s saw predominance. This assertment gives another perspective about womenââ¬â¢s lower position in the public eye and the ensuing low supposition men held of ladies and their capabilties as journalists. Woolf immovably accepts that it is the right of all journalists to pay extraordinary regard to what in particular is thought of them and to endure when that assessment is negative. Since the assessment of womenââ¬â¢s composing was negative, ladies couldn't compose openly. Their psyches, Woolf accepts, were obfuscated with plans. They had something to demonstrate or resentment to vi ndicate. This isn't the perfect circumstance for composing, or the best possible condition for virtuoso. Thusly, through her progressive method of looking at womenââ¬â¢s position in the public arena, Woolf demonstrates that the ââ¬Å"masculine complexâ⬠and low desires for ladies hindered upon their creative cycle. One significant topic this article lights up is that of what subjected ladies and how that inadequacy was kept up. Woolf states, ââ¬Å"Even in the nineteenth century a lady was not urged to be an artistâ⬠(55). Actually she was disheartened and made to accept such a job was past her capacities. Here Woolf turns the issue around indicating that ladies didn't intentionally decide not to become authors, yet were pushed not to compose by men. Woolf theorizes about the effects of this debilitation saying... ...ganized the conventional method of inspecting womenââ¬â¢s position in the public arena and itââ¬â¢s influence on their craft. Her idea of the ââ¬Å"masculine complexâ⬠approaches sexual orientation relations from a very surprising edge. It is male predominance not female mediocrity, which propagates this framework. Menââ¬â¢s predominance is solid and their protection from the womenââ¬â¢s development was compelling to the point that even solid willed ladies were lowered. Ladies were additionally upset by the overarching male estimation that they were uncouth essayists. This normally terminated womenââ¬â¢s motivating force to demonstrate their capacities, since all craftsmen are worried about what others consider them. However, this very circumstance represses inventiveness and kept on keeping ladies from arriving at their maximum capacity. This new line of reasoning clarifies and reconsiders the powers that held ladies down and isolated them from their virtuoso .
Saturday, August 22, 2020
Interpersonal Communication Report
Center Assessment Portfolio Michael E. Szostkiewicz In satisfaction obviously prerequisites for Park University CA104 Interpersonal Communication Fall 1 Term 2009 Interpersonal Communication Report MICHAEL E. SZOSTKIEWICZ SEPTEMBER 30, 2009 Interpersonal Communication Report Outline I. Preceding joining up with this course, I felt that my relational abilities were sufficient and compelling. I have consistently highly esteemed being an adroit and capable communicator; my jargon is assorted. I generally put forth a purposeful attempt to annunciate appropriately. Be that as it may, my encounters these most recent couple of weeks have left me with a clothing rundown of things I have to enhance. Through the different activities and assignments finished in this course so far, I have understood that there is consistently opportunity to get better in my own relational connections, both by and by and expertly. I feel the territories that I have to enhance in my relational abilities are undivided attention, passionate control, and using social contrasts of people around me. Indeed, even with the bunch of initiative and correspondence workshops and classes I have either joined in or encouraged, I comprehend that we should continually learn new methods and think about back what we have realized in the past to help better any future connections. II. Central matters A. Undivided attention 1. Undivided attention is characterized as the procedure by which an audience communicates their comprehension of the speakerââ¬â¢s all out message, including the verbal and nonverbal correspondence, the contemplations, and the sentiments. 2. By utilizing the five phase model of tuning in and applying it at home and at work, I will have the option to expand upon my present connections and fashion better ones later on. The procedures of accepting, getting, recollecting, assessing and reacting are an essential piece of our connections and should be drilled in consistently life. B. Passionate control 1. People all in all are exceptionally passionate animals. Being able to control our feelings inside our relational connections is an ability that isn't inborn and must be learned and drilled to be effective. 2. As I am very enthusiastic in everything that I do, I should now and then respite and consider my passionate association with the current issue. While having and communicating our feelings at home might be a decent method to speak with our accomplices, communicating our feelings in the working environment may not be proper. C. Using social contrasts 1. Understanding that distinctions in culture between collaborators can have a positive or negative impact upon the air of the work environment, we should used and grasp those distinctions to encourage a demeanor of acknowledgment all things considered, races and ideologies. . Living in America and particularly serving in the military, I have been presented to innumerable various societies. Each culture has noteworthy goals that can be gained from. Persistence with and comprehension of contrasts in figured, discourse and peculiarities from differing societies can assist me with being increasingly energetic about others and their indigenous societies. III. In synopsis, I have secured the three parts of my own relational connections that I believe I have to enhance. Understanding that all individuals are unique and convey distinctively I am ready to perceive when and where my own correspondence blemishes exist. To begin with, I feel that I have to improve my aptitudes in the territory of undivided attention. By investigating the five phase model of listening I am ready to have progressively profitable connections at home with family and furthermore grinding away. Also, in perceiving my feelings with respect to different points and knowing when enthusiastic reactions are justified, I can be a superior, even-keeled dad, spouse, coach and pioneer. In conclusion, reflecting upon the distinctions in societies in the work place, I can help advance assorted variety and acknowledgment of everybody. IV. Taking everything into account, I have seen the zones of my relational connections wherein I need improvement. So as to expand upon my present connections and having the essential abilities expected to make new connections later on the regions in which I explicitly need to center are effectively tuning in, controlling my feelings and perceiving and grasping decent variety. So as to be a viable pioneer and guide, having these ranges of abilities can just build the estimation of my value to my organization while all the while improving the nature of connections that I have both at home and work. While getting careless in my relational connections, I feel that I have lost an opportunity to completely comprehend the musings and sentiments of those with whom I am included. Perceiving my shortcomings and attempting to better my own relational abilities can just bring about expanded positive connections. Michael E. Szostkiewicz Tania Balas CA104 Interpersonal Communication 30 September 2009 Relational Communication Report Prior to joining up with this course, I felt that my relational abilities were satisfactory and viable. I have consistently valued being a skilled and capable communicator; my jargon is different. I generally put forth a purposeful attempt to annunciate appropriately. Be that as it may, my encounters these most recent couple of weeks have left me with a clothing rundown of things I have to enhance. Through the different activities and assignments finished in this course hitherto, I have understood that there is opportunity to get better in my relational connections, both by and by and expertly. I feel the zones that I have to enhance in my relational abilities are rehearsing undivided attention, practicing increasingly passionate control, and using social contrasts of people around me. Indeed, even with the horde of authority and correspondence workshops and classes I have either joined in or encouraged, I comprehend that I should continually learn new methods and consider back what I have realized in the past to help better any future connections. Recognizing and looking at the components and procedure of relational correspondence is the initial phase in understanding who I am and where I place in the informative world. Joseph A. DeVito states that in the round idea of relational correspondence; the two people send messages at the same time instead of in a direct succession where correspondence skips to and fro between at least two individuals. DeVito further clarifies that the beliefs that are available in every relational cooperation are: source-collector, encoding-translating, messages, channels, commotion, setting, morals, and fitness (DeVito, 9-15). Understanding that individuals are exceptional people who talk diversely is an essential exercise in improving as a communicator. The most ideal approach to portray how a personââ¬â¢s mental self view or self-idea impacts their capacity to interface with those with whom they come in contact is that each individual has a different and particular foundation whereby nature in which they were brought up as youngsters and their shifted encounters as youthful grown-ups may influence their capacity to successfully impart. Perceiving and understanding that all types of correspondence assume a particular job in our collaborations as grown-ups and how we identify with one another must be comprehended and rehearsed so as to have fruitful and important connections both actually and expertly. This is additionally a case of how a personââ¬â¢s observations can impact their correspondence decisions. DeVito proceeds by characterizing discernment as the procedure by which you become mindful of articles, occasions, and particularly individuals through your own faculties: sight, smell, taste, contact, and hearing (DeVito 61). As we take a functioning part throughout everyday life, our observations about the individuals and our general surroundings are in a steady condition of transition. In the event that we stay stale in our connections, at that point we will undoubtedly pass up a considerable lot of the open doors gave to us to better ourselves. Understanding that I have numerous things to find out about my own relational abilities is the initial move toward turning into an individual all in all. The main obstacle on my relational correspondence task list is to improve my undivided attention. Undivided attention is characterized as the procedure by which an audience communicates their comprehension of the speakerââ¬â¢s absolute message, including the verbal and nonverbal correspondence, the contemplations, and the sentiments. Undivided attention is an idea that was created by Thomas Gordon (1975) in the mid 1960ââ¬â¢s as the establishment of his Parent Effectiveness Training program which despite everything keeps on offering demonstrated correspondence and compromise abilities to guardians, educators and supervisors from varying backgrounds (2009). DeVito states that undivided attention isn't simply rehashing the speakerââ¬â¢s precise words, yet rather assembling your comprehension of the speakerââ¬â¢s all out message into a significant entire (DeVito 94). I have consistently viewed myself as a decent audience. At whatever point one of my seniors, companions or subordinates ventures into my office for a talk, I generally advise myself to commit my complete consideration to this individual. I will kill my PC screen, open my steno padââ¬which I regularly allude to as my ââ¬Å"memory,â⬠snatch my pen and show the individual that I am completely fixed on what they are talking about with me. Furthermore, all through this course I have had the option to sharpen my aptitudes as a practiced conversationalist by utilizing the three basic strategies of undivided attention: summarizing the speakerââ¬â¢s significance, communicating comprehension and posing inquiries. Be that as it may, there are times when I get careless and my aptitudes bomb me. One such occurrence of a breakdown in correspondence and a case of how language can make correspondence issues with shocking impacts was as of late when I entrusted one of my subordinates to look into a guidance administering the best possible wearing of maternity regalia in the Navy. As a pioneer, I ineffectively portrayed my particular directions and by neglecting to
Friday, August 21, 2020
Procurement and Supply Chain Management for Amazon- myassignmenthelp
Question: Talk about theProcurement and Supply Chain Management for Amazon. Answer: Presentation Amazon is an online business organization which is situated in America. The organization is established by Jeff Bezos and is situated in Seattle, Washington. The organization was set up in the year 1994. Amazon is the biggest web based business organization on the planet as far as the market capitalization and income earned. Amazon at first began with the online book shop and later it likewise incorporated the video and the music gushing and in the long run the internet retailing business. The web based retailing business incorporated a wide scope of the items and this has prompted the gigantic interest of the organization (Amazon.com 2018). Gracefully issues The significant gracefully gives that are being experienced by the Amazon are as per the following: Poor gracefully chain the board when an organization is at the highest point of the flexibly chain the board execution, the accessibility and the item chain experiences significantly the provider's slip-up. It regularly happens that the makers destroyed with the conveyance of the item and can't transport the item inside the specified time limit. This prompts hatred and because of this, the deals might be lost. Wastefulness in the entire procedure the utilization of the wasteful procedures that the providers embrace because of the lack of concern. Inadequate stock-without the adequate flexibly of the items, it is beyond the realm of imagination to expect to find the expanding request of the items. Absence of the checking the business outlets-powerful observing of the of the considerable number of deals outlets and if not oversaw appropriately may prompt the channel of the stock right away. Overselling-so as to lessen any sort of disarray, the deals of the item should be permitted distinctly till the stocks can continue (Ecommerce Tips, 2018). Tasks issues Amazons operational issues are subject to the specific territories that are as per the following: Plan of the administrations and the merchandise Nature of the administration Limit and the procedure plan Area technique Technique and the format plan HR and occupation plan Flexibly chain the executives Stock administration Booking Support (Sec.gov, 2018) Top 3 difficulties The best 3 difficulties concerning the consummation of the assignment are as per the following: Looking through the online web indexes is once in a while prompts data that may not be solid. A few major organizations regularly are reluctant to uncover their issues and issues identified with the activity and the gracefully. There are different difficulties like the issues that are refered to over various online sources come up short on the dynamism. The information are seen as extrapolated or are old. Procedures to address these issues The procedures that are utilized to address the difficulties are put together dependence with respect to the information that accessible from the locales that are adequately referenced (Masic, 2013). The information from the first home site are just viewed as valid. End From the above conversation, it very well may be reasoned that the Amazon is one of the greatest online business organization and after some time Amazon has increased monstrous prevalence and the piece of the pie because of its powerful moderation of the operational and gracefully issues and issues. Reference Amazon.com (2018). Amazon.com: Online Shopping for Electronics, Apparel, Computers, Books, DVDs more. [online] Amazon.com. Accessible at: https://www.amazon.com/[Accessed 12 Apr. 2018]. Online business Tips (2018). 3 Problems with Amazon Inventory Management And Their Solutions - E-business Tips. [online] Ecommerce Tips. Accessible at: https://ecommercetips.org/3-issues with-amazon-stock administration/[Accessed 12 Apr. 2018]. Masic, I. (2013). The significance of appropriate reference of references in biomedical articles. ActaInformaticaMedica, 21(3), 148. Sec.gov (2018). 10-K. [online] Sec.gov. Accessible at: https://www.sec.gov/Archives/edgar/information/1018724/000101872416000172/amzn-20151231x10k.htm [Accessed 12 Apr. 2018].
Tuesday, May 26, 2020
Friday, May 15, 2020
The Liability of Directors under the Modern Corporate Environment - Free Essay Example
Sample details Pages: 8 Words: 2494 Downloads: 1 Date added: 2017/06/26 Category Business Essay Type Analytical essay Did you like this example? Z3434911 1 Introduction The Middleton J observation cited in the title question brings a crucial contemporary corporate governance issue into starker focus.[1] Corporate governance is a phrase that has an undeniable à ¢Ã¢â ¬ÃÅ"motherhoodà ¢Ã¢â ¬Ã¢â ¢ element, in that most reasonable people might understand that company directors cannot insulate themselves from liability where they take no steps to properly inform themselves concerning day to day business operations. It is the ability to establish certain parameters to define Middleton Jà ¢Ã¢â ¬Ã¢â ¢s à ¢Ã¢â ¬ÃÅ"more than merely going through the pacesà ¢Ã¢â ¬Ã¢â ¢ assertion that is the profound challenge in this important corporate governance aspect. The effort to establish the requisite parameters undertaken in this essay is guided by a careful review of Corporations Act (CA) section 180 à ¢Ã¢â ¬ÃÅ"care and diligenceà ¢Ã¢â ¬Ã¢â ¢ provisions.[2] This review is additionally informed through its alignment with Corporate Constitutionalism theory. Donââ¬â¢t waste time! Our writers will create an original "The Liability of Directors under the Modern Corporate Environment" essay for you Create order The conclusion that is supported by this dual emphasis is that not only is Middleton J correct in his à ¢Ã¢â ¬ÃÅ"going through the pacesà ¢Ã¢â ¬Ã¢â ¢ observation, a director is obliged to approach their duties with considerable vigor. Directors will escape liability in the modern corporate environment where they demonstrably took their responsibilities seriously, even when things go wrong. The Corporations Act requirement The CA provisions concerning the due care and diligence with which Australian directors are expected to discharge their obligation owed to the specific enterprise are as easy to state as they have proven difficult to apply in practice. Section 180 provides that any corporate officer or director must exercise their powers and discharge their duties with the degree of care and diligence that a reasonable person would exercise if they were similarly situated.[3] It can be clearly inferred from s180(1) that the circumstances or special roles of each direc tor should be considered by the court and the objective à ¢Ã¢â ¬ÃÅ"reasonable personà ¢Ã¢â ¬Ã¢â ¢ standard should also be met.[4] The reasonableness test is measured by another hypothetical reasonable directorà ¢Ã¢â ¬Ã¢â ¢s skills and responsibilities with similar circumstances, where the tailored degree of care and diligence for each director required reflects the companyà ¢Ã¢â ¬Ã¢â ¢s hierarchy of the corporate governance structure to some extent. [5] The business judgment rule described in the companion CA s180 provision is the primary lens through which director duties will be evaluated.[6] The section defines a à ¢Ã¢â ¬ÃÅ"business judgmentà ¢Ã¢â ¬Ã¢â ¢ as any decision to take or not take action in respect of a matter relevant to the business operations of the corporation.[7] Such judgment must demonstrate compliance with the overarching due care and diligence obligation, combined with evidence of four specific attributes listed under s180(2).[8] T he rule is not designed to exempt the directorà ¢Ã¢â ¬Ã¢â ¢s liability from failing to make a sound judgment completely, but to give a defence to those who delivered à ¢Ã¢â ¬ÃÅ"reasonable but loss-generatingà ¢Ã¢â ¬Ã¢â ¢ business judgments made with a rational belief and due care, and in good faith.[9] Consequently, the burden is on the directors to show the specific evidence required by the provision and their persuasive considerations because of its defensive nature. On may readily suggest that on the bare, dispassionate s180 of the CA language alone, the Middleton J title quotation accuracy is confirmed. The intricacies and occasional inconsistencies revealed in the practical CA s180 applications are often driven by the variability of phrases such as good faith and rational belief. The following examples assist in this understanding. Specific examples The statutory requirements for directors under CA s180 are basically similar to what they are imposed under case law. The s180 duties are also better understood when placed against the broader implications that flow from the director-corporation relationship.[10] The case law confirms that directors owe a fiduciary duty to the corporation, as endorsed in cases such as ASIC v Rich[11], and more generally in the High Court of Australia decision in Chan v Zacharia[12]. The fiduciary duty injects a further element of higher obligation than that inspired by a person regarded as merely going through the paces. The leading Australian authority Whitehouse v Carlton[13] describes the fiduciary duty as both non-delegable and non-negotiable.[14] The subjective breach of duty test confirms that a director will avoid personal liability where the decision reflects their honest but mistaken belief that when made, the anticipated results the decision would generate were seen as consistent with the company best interests.[15] It is equally important to appreciate that there are specific instances wher e the director decision may trigger both s180 consequences and other liabilities.[16] An example is s588G[17] of the CA personal liability imposition where the director permits the company to incur debt at a time after the director reasonably knows the enterprise is insolvent, or is likely to become insolvent.[18] In her examination of the Australian business judgment rule evolution, Du Plessis notes its inspiration as derived from earlier English appellate authority.[19] She places specific emphasis on the dicta extracted from Re Smith and Fawcett Ltd[20] in this respect, where directors are mandated to exercise their discretion à ¢Ã¢â ¬Ã
âà ¢Ã¢â ¬Ã ¦bona fide in what they consider not what a court considers is in the interests of the companyà ¢Ã¢â ¬Ã .[21] This seminal position has been interpreted to mean that the business judgment rule reinforces the proposition that courts will not assume the function of being the ultimate arbiter of commercial decisions. It is important to understand that company directors ought not to be found legally responsible on the sole basis that a court later disagrees with the wisdom of their actions. This is a sound approach to the s180 business judgment rule for two reasons. It fairly recognises that no business, no matter how shrewdly operated or resolutely managed, can possibly control or anticipate every commercial variable. There are often forces larger than the company at work; factors such as international financial markets volatility, interest and currency exchange rates, and government policy initiatives can all play an unforeseen role in business performance.[22] The second reason is directly connected to the s180 requirements à ¢Ã¢â ¬Ã¢â¬Å" the law ought only to impose a standard, namely reasonableness that the director can satisfy through efforts any rationale observer is equipped to assess. The standard is not one of superhuman expectation. Harloweà ¢Ã¢â ¬Ã¢â ¢s Nominees[23] makes this point effectively, where the Court observes that the right and duty of à ¢Ã¢â ¬Ã
âà ¢Ã¢â ¬Ã ¦deciding where the companys interests lie [and] à ¢Ã¢â ¬Ã ¦ their judgment, if exercised in good faith and not for irrelevant purposes, is not open to review by the courtà ¢Ã¢â ¬Ã .[24] Du Plessis additionally observes that unlike the business judgment rule scope as observed in the United States, director protections in s180 are inherently more limited. She argues forcefully that Australian directors are not afforded a truly safe harbour from liability unless the good faith and rational judgment tests are satisfied. Corporate Constitutionalism Legal and economic analysis had been the predominant frameworks to review and examine corporate law and corporate governance over the years where the contractual feature reflects its private and individual nature in the context of corporate governance.[25] Although the economic analysis successfully developed an institution al account of relevant laws which regulate companies, its individual and market-oriented approach has been criticised primarily due to lack of responsiveness to political and social concerns.[26] Therefore, s180 under the contractualism framework only requires the directors to fulfil the obligations in the contract without considering other stakeholdersà ¢Ã¢â ¬Ã¢â ¢ rights and interests affected by their decisions.[27] Without denying the reasonableness of economic analysis approach and private nature of corporate law, Stephen Bottomley creatively introduced and implemented a corporate constitutionalism framework by adapting the constitutionalist ideas in political and social theory to give a more comprehensive explanation of corporate governance.[28] In its formulation, corporate constitutionalism is defined by three key features: dual decision-making, deliberative decision-making, and the separation of powers.[29] It can also be crystallised that the board of directors and general meeting should be responsible for their decisions by applying a separation of decision-making powers to corporate governance (accountability), where any disputes with regards to the corporate decisions are required to be solved by deliberation (deliberation), and all shareholders are entitled to contest the decisions to ensure they stands for their interests (contestability).[30] Under dual decision-making structure, directorsà ¢Ã¢â ¬Ã¢â ¢ abilities to make decisions are restrained constitutionally by the considerations of majority membersà ¢Ã¢â ¬Ã¢â ¢ interests which positively benefit the corporate governance.[31] Furthermore, deliberation feature can not only advance the quality in decision-making process but also contribute to protect the membersà ¢Ã¢â ¬Ã¢â ¢ best interests, where the separation of powers provide alternative mechanism to enhance the accountability and monitor the corporate governance process.[32] Each of these constitutionalism feature s is rooted in the notion that decision-making spanning a vast potential topics range is the essence of corporate life.[33] For this reason, Australian law pays significant attention to the rules, doctrines and standards that influence corporate decision-making. These have an informational component, such as the need to disclose annual account and prospectuses. The CA provisions also prescribe procedural rules such as board meetings, and s180 requirements discussed above.[34] For these reasons, corporate constitutionalism is also a concept that explains the importance of structure and process, as opposed to substantive legal doctrine. Among various criticisms towards corporate constitutionalism approach, the fundamental limitation is that most companies which make any business decision in order to maximise profits may be driven to ignore the public policy concerns.[35] Nevertheless the framework is an important supplement to the existing corporate law theory which considerably im proves the integrity and quality of corporate governance.[36] Overall, constitutionalism delivers an alternative account of corporation law to take into account non-shareholder and other public interests in the process of corporate decision-making. The Rich[37] impact Legg and Jordan suggest that prior to the ASIC v Rich[38] decision, the business judgment rule was rarely invoked in Australian director breach of duty claims.[39] The prevailing academic view was the rule added little to the existing directors duties law. The ready conclusion was offered that where the facts establish a director failed to exercise his corporate duty of care, the company would ipso facto negate the business judgment rule.[40] In Rich, the Court plumbed deeper into the rule rationales. The Court decided to approach the question as one of à ¢Ã¢â ¬Ã
âà ¢Ã¢â ¬Ã ¦.how much further the concept of business judgment is extended into the realm of management, organisation and planningà ¢Ã¢â ¬Ã .[41] This key phrase illustrates how the Court was prepared to take the examination. Through its focus on the decision-making occasion, as opposed to the directorà ¢Ã¢â ¬Ã¢â ¢s general state of knowledge, the Court characterised the director as one obliged to become informed about the subject matter of the decision prior to making it. The Court stresses that the s180 qualifying words, à ¢Ã¢â ¬ÃÅ"to the extent they reasonably believe to be appropriateà ¢Ã¢â ¬Ã¢â ¢, must convey the idea that protection may be available even if the director was not aware of the available information material to the decision, so long as the director reasonably believed appropriate steps were taken on the decision-making occasion to be properly informed concerning the subject matter.[42] It is apparent that this approach is largely consistent with the corporate constitutionalism as described by Stephen Bottomley.[43] The prudent director is revealed as one that understands and adhe res it the proper procedures; once followed, the director should enjoy significant protection from liability claims. Conclusion As noted in the initial examination of the s180 languages, it would be difficult to imagine a director being able to discharge their stated obligations if their role was merely ornamental, or one characterised as simply going through their paces. The business judgment rule as taken from the English authorities and adopted for use under s180 of the CA auspices places significant obligations on Australian directors, ones that are made more prominent when fixed against their fiduciary duties backdrop. Neil Young pointed out in his article with regard to corporate governance that there are considerable numbers of directors who should have great knowledge and understandings of their companies are not familiar with the operations or strategies of the companies.[44] As a result of that, it was suggested that a à ¢Ã¢â ¬ÃÅ"responsive regulationà ¢Ã¢â ¬Ã ¢â ¢ approach which lays much heavier penalties even criminal sanctions for the breach of directorsà ¢Ã¢â ¬Ã¢â ¢ duties should be used to enhance the compliance of the CA and achieve a better balance between s180(1) and (2).[45] It is equally apparent that the corporate constitutionalism theory that also exerts its influence over how director obligations ought to be understood affords further liability protection to those directors that assiduously follow correct board procedure in their decision-making processes. [1] ASIC v Healey [2011] FCA 717. [2] Section180(1), Corporations Act 2001 (Cth). [3] Andy Gibson, Business Law (Pearson Australia, 6th edition, 2013), pp232-236. [4] Emillios Kyrou, à ¢Ã¢â ¬Ã
âDirectorsà ¢Ã¢â ¬Ã¢â ¢ Duties, Defences, Indemnities, Access to Board Papers and DO Insurance Post CLERPAà ¢Ã¢â ¬Ã (2000) 18 CSLJ 555, p558. [5] Neil Young, à ¢Ã¢â ¬Ã
âHas directorsà ¢Ã¢â ¬Ã¢â ¢ liability gone too far or not far enough? A review of the standard of conduct required of directors under sections 180-184 of the Corporations Actà ¢Ã¢â ¬Ã (2008) 26 CSLJ 216, p220. [6] Section180(2), Corporations Act 2001 (Cth). [7] Section180(3), Corporations Act 2001 (Cth). [8] Section180(2), Corporations Act 2001 (Cth). [9] Sarah Worthington, à ¢Ã¢â ¬Ã
âReforming Directorsà ¢Ã¢â ¬Ã¢â ¢ Dutiesà ¢Ã¢â ¬Ã (2001) 64 Mod LR 439, p450. [10] Brian Horrigan, à ¢Ã¢â ¬Ã
âDirectorsà ¢Ã¢â ¬Ã¢â ¢ Duties and Liabilities à ¢Ã ¢â ¬Ã¢â¬Å" Where Are We Now and Where Are We Going in the UK, Broader Commonwealth, and Internationally?à ¢Ã¢â ¬Ã (2012) 3(2) International Journal of Business and Social Science1, p1. [11] [2009] NSWSC 1229. [12] [1984] HCA 36. [13] (1987) 162 CLR 285. [14] Whitehouse v Carlton Hotel Pty Ltd (1987) 162 CLR 285. [15] R P Austin and I M Ramsay, Fords Principles of Corporations Law (LexisNexis, 15th edition, 2012), Pt I.2 and Pt III.6. [16] Section9, Corporations Act 2001 (Cth); as discussed in Taylormaid Marine Industries Pty Ltd v Beaurepaire Ors (1987) 5 ACLC 253. [17] Section588G, Corporations Act 2001 (Cth). [18] J Jean and Du Plessis, à ¢Ã¢â ¬Ã
âOpen Sea or safe harbour? American, Australian and South African business judgment rules compared: Part 1à ¢Ã¢â ¬Ã (2011) 32 Company Lawyer 345, p347. [19] Ibid, p348. [20] [1942] Ch 304. [21] Ibid. [22] Andy Gibson, Business Law (Pearson Australia, 6th edition, 2013), pp234-236. [23] Harlowes Nominees Pty Ltd v Woodside (Lakes Entrance) Oil Co NL (1968) 121 CLR 483. [24] Ibid, p493; see the similar English reasoning in Howard Smith Ltd v Ampol Petroleum Ltd [1974] AC 821, p835. [25] Stephen Bottomley, The Constitutional Corporation: Rethinking Corporate Governance (Ashgate, 2007), Chapter2, pp 19, 25, 26, 29. [26] Angus Corbett and Peta Spender, à ¢Ã¢â ¬Ã
âReview Essay: Corporate Constitutionalismà ¢Ã¢â ¬Ã (2009) 31 Sydney Law Review 147, pp148, 149. [27] Stephen Bottomley, à ¢Ã¢â ¬Ã
âFrom Contractualism to Constitutionalism: A Framework for Corporate Governanceà ¢Ã¢â ¬Ã (1997) 19 Sydney Law Review 277, p289. [28] Ibid, p296. [29] Ibid, p298. [30] Neil Andrews, à ¢Ã¢â ¬Ã
âReviews and Current Developments: Putting the politics back into corporate law: A review of Stephen Bottomleyà ¢Ã¢â ¬Ã¢â ¢s The Constitutional Corporation: Rethinking Corporate Goveranceà ¢Ã¢â ¬Ã (2007) 21 Aust Jnl of Corp Law 16 1, pp162-164. [31] Stephen Bottomley, à ¢Ã¢â ¬Ã
âFrom Contractualism to Constitutionalism: A Framework for Corporate Governanceà ¢Ã¢â ¬Ã (1997) 19 Sydney Law Review 277, p300. [32] Ibid, pp 306-207, 309. [33] Angus Corbett and Peta Spender, à ¢Ã¢â ¬Ã
âReview Essay: Corporate Constitutionalismà ¢Ã¢â ¬Ã (2009) 31 Sydney Law Review 147, p149. [34] Ibid, p150. [35] Stephen Bottomley, à ¢Ã¢â ¬Ã
âFrom Contractualism to Constitutionalism: A Framework for Corporate Governanceà ¢Ã¢â ¬Ã (1997) 19 Sydney Law Review 277, p313. [36] Angus Corbett and Peta Spender, à ¢Ã¢â ¬Ã
âReview Essay: Corporate Constitutionalismà ¢Ã¢â ¬Ã (2009) 31 Sydney Law Review 147, p154. [37] ASIC v Rich [2009] NSWSC 1229. [38] [2009] NSWSC 1229. [39] Michael Legg and Dean Jordan, à ¢Ã¢â ¬Ã
âThe Australian Business Judgment Rule after ASIC v Rich: Balancing Director Authority and Accountabilityà ¢Ã¢â ¬Ã (2013) 34(2) Adelaide Law Review 179 , pp179-181. [40] ASIC v Rich [2009] NSWSC 1229, p1231. [41] Ibid. [42] Ibid, p7284. [43] Stephen Bottomley, The Constitutional Corporation: Rethinking Corporate Governance (Ashgate, 2007), Chapter2. [44] Neil Young, à ¢Ã¢â ¬Ã
âHas directorsà ¢Ã¢â ¬Ã¢â ¢ liability gone too far or not far enough? A review of the standard of conduct required of directors under sections 180-184 of the Corporations Actà ¢Ã¢â ¬Ã (2008) 26 CSLJ 216, p231. [45] Ibid, pp230-231.
Wednesday, May 6, 2020
Do You Think That the Right to Life Entails a Right to Die...
I am going to answer these two questions in this essay. They are ââ¬Å"Do you think that the right to life entails a right to die under certain circumstances?â⬠and ââ¬Å"Should the laws be changed to grant a universal right to voluntary euthanasia?â⬠. In this essay, I am going to give reasons using ethical theories to justify these questions. Euthanasia Euthanasia is the act of a physician or other third party ending a patients life in response to severe pain and suffering. Euthanasia can be classified into three types. They are voluntary euthanasia, non-voluntary euthanasia and involuntary euthanasia. Involuntary euthanasia is the action that takes the patientââ¬â¢s life without any informed consent of the patient but the patient may want to live.â⬠¦show more contentâ⬠¦It is a voluntary euthanasia. Utilitarianism tells us that whether an action is right or wrong depends on its consequences and the right thing to do is to promote the happiness of most people. If he has the right to die, it can eliminate the suffering of the person, decrease psychological burden of his family and decrease financial burden of his family and also the society. However, it will increase the suffering of his family. In this case, the amount of the happiness is more than the amount of the unhappiness. Therefore, this action is right in Act Util itarianism of Utilitarianism theory. However, in rule Utilitarianism, this action is wrong because of breaking the Hong Kongââ¬â¢s law. Kantian Ethics tells us the right action is to act from duty. We have moral duties to not kill and not allow to die wherever possible. Moreover, Kantian Ethics is concerned with the act itself but not the consequences. Kantââ¬â¢s theory said people should never be merely means to an end-in-itself. We should never kill someone in order to reduce suffering, or save money. Therefore, non-voluntary euthanasia and involuntary euthanasia are not allowed in this theory. Using the above example, when we has persistent vegetative state that want to die because we have no will in our live, we also want someone intend that others follow our will. So, vetoing a personââ¬â¢s will cannot from a universal law because there is a contradiction.Show MoreRelatedDo You Think That the Right to Life Entails a Right to Die Under Certain Circumstances? Should the Law Be Changed to Grant a Universal Right to Voluntary Euthanasia?1008 Words à |à 5 PagesThey are ââ¬Å"Do you think that the right to life entails a right to die under certain circumstances?â⬠and ââ¬Å"Should the laws be changed to grant a universal right to voluntary euthanasia?â⬠. In this essay, I am going to give reasons using ethical theories to justify these questions. Euthanasia Euthanasia is the act of a physician or other third party ending a patients life in response to severe pain and suffering. Euthanasia can be classified into three types. They are voluntary euthanasia, non-voluntary
Tuesday, May 5, 2020
Ancient Christian Art Essay Example For Students
Ancient Christian Art Essay Frightened by persecution, early Christian Art was abstract and vague in order to hide and protect the beliefs and ideas of (as well as) the artists, patrons and audience themselves. As Christians werent allowed to practice publicly or be buried inside of Roman walls, art was often reserved for catacombs. Pope Gregory stated that art should be instructional as well as faithful, but the persecution of the time dictated that it too must be ambiguous. Artists often used seemingly vague symbols like lambs and doves. After the Edict of Milan however, Christianity became acceptable and eventually spread across the Roman Empire. The Emperor Constantine decided to make it the official religion of the empire and commissioned a monumental church: Old St. Peters Church. Built on top of what is believed to be St. Peters burial site, this church once could house 3,000 to 4,000 worshippers. The exterior wasnt elaborate like the pagan temples but its interior had frescoes and mosaics, marble columns, chandeliers and gold and silver vessels on jeweled altar cloths for use in the Mass. Christian churches rejected the designs that governed the Greco-Roman temples not only because they were pagan but also because of practical purposes. All pagan rituals took place outside but the Christians needed a building that could accommodate large numbers of people for congregation. Christian churches had 6 parts: the nave, aisles, apse, transept, narthex and atrium. They were usually built with axial planning and gathered most of its light from clear story windows. Churches evolved into monumental and elaborate structures equaling or outdoing the pagan temples before them. Christian paintings, frescoes and mosaics however, were still governed by abstraction. They usually depicted Old Testament themes
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