Friday, January 24, 2020

Sophocles The Women of Tarchis :: Sophocles Women Tarchis Desire Essays

Sophocles' The Women of Tarchis Sophocles’s The Women of Tarchis tells the story of the desires that killed Heracles and Deianira, his wife. Heracles desires another woman, Iole, and, off stage, destroys her father’s kingdom so that he can have her and then sends Iole to his home. In response to this, Deianira, desiring Heracles to love her, and not keep another woman in their house, uses a deadly poison, which she believed was a love potion, hoping to make him love only her. Because of this, he dies, and she kills herself out of remorse. Both of them desire, both of them act on their desires, and both of them die because of desire. However, the way these desires are discussed and understood by the characters and, presumably, the audience are very different. Heracles desire is very direct. He desires people and acts on that desire. In other words, he sees what he wants and he goes and gets it, destroying anything that stands in his way. Deianira, on the other hand, is not the active agent. She desires to be desired by Heracles. Even the grammar used to talk about her situation is passive. When she does act on her desires, it is not straightforward, but through trickery and love potions. Later, when the potion’s true form is revealed, her actions are attributed to Nessus, the centaur that tricked her into believing the poison was a love potion. These descriptions reveal assumptions about desire, and what form it takes for men and for women. Heracles and Deianira, in Sophocles’s The Women of Tarchis, exemplify desire’s gender difference. An important aspect of desire in ancient Grease is that a deity represents this set of feelings. Eros, the young son of Aphrodite, it the imp the rules everyone’s hearts. Deianira describes his control over mortals when she publicly responds to the news that Heracles has fallen in love and literally taken a new wife: "How foolish one would be to climb into the ring with [desire] and try to trade blows with him, like a boxer. For he rules even the Gods as he pleases, and he rules me†¦You see that I would be altogether mad to blame my husband, because he suffers from this sickness" (441-446). She explains that it is foolish to fight with desire, but that desire will rule everyone at some point, including herself and Heracles.

Wednesday, January 15, 2020

Frankenstein Blade Runner

Frankenstein Blade Runner Essay Analyse how ‘Frankenstein’ and ‘Blade Runner’ Imaginatively portray individuals who challenge the established values of the time. In your response, refer to both excerpts below. i) ‘Slave, I before reasoned with you, but you have proved yourself unworthy of my condescension. Remember that I have powers, you believe yourself miserable, but I can make you so wretched that the light of day will be hateful to you. You are my creator, but I am your master;-obey! ’ ii) the still of Roy holding Tyrell’s faceThrough the relationship between the characters of Victor and his creature, Shelley challenges nineteenth century values about the role of science, the benefits of ambition and fame and the dominance of nature by man. Similarly Scott develops the characters of Roy and Tyrell to challenge the same assumptions about science and nature but he does so in a context of technological development that allows multinatio nal corporations to exploit on a massive scale. Both texts also explore the larger issue of human values, asking what potential lies in a human and whether we can readily define human nature.In Shelley’s novel, Victor’s portrayal challenges the assumptions of the previous eighteenth century that the progress of science is the most important human pursuit. He is the ‘The modern Prometheus† a Greek mythological human who stole fire from the gods and brought it back to earth. This story like Shelley’s questions the benefits and consequences of ambition. In Shelley’s Romantic context science is seen as a threat towards nature and Shelley conveys this threat through the hubris of Victor.Shelley explores Victor’s blind ambition to â€Å"penetrate into the recesses of nature and show how she works in her hiding-places†. Victor’s character is seen as self-absorbed and his ambition is fueled by selfish reasons â€Å"A new species would bless me as its creator and source†¦would owe their being to me†. Victor’s character is obsessed to the point of moral blindness but when the creature is not perfect it quickly turns to hatred. Shelley’s imagery suggests decay rather than new life. â€Å"I saw the dull yellow eye of the creature open†¦ How can I describe my emotions at this catastrophe†.This characterisation of Victor and his lack of morals and blind ambition are all warnings against science and its unbounded progression. Similarly Roy’s confrontation with Tyrell, his creator, explores the powerful consequences of playing god with genetics, a new frontier of scientific experimentation. Scott challenges the established values, which worship science and the profits it can bring. Scott portrays Tyrell’s character as god-like, through the use of cinematic techniques, costume design and lighting. He is filmed from high angled shots empowering him in almost every sc ene.Scott uses a series of shots of Tyrell corporation over shadowing Los Angeles to build the image of Tyrell’s power and how much it dominates all. This corporation fueled by ambition is linked to the issues relevant to Scott’s context, the drive of the capitalist world and what the consequences may be if this ambition is not met with moral guidance. Scott uses costume design, with the thick lensed glasses as a metaphor for Tyrell’s moral blindness. The motif of eyes, used throughout the film, represent the window to the soul and Scott is saying that Tyrell’s window is damaged.Tyrell and Roy meet in Tyrell’s palace- like room, Tyrell is dressed in a huge kingly robe with candles bathing the room in a golden light, contrasting with the fake incandescent light that dominates the movie. Like Frankenstein’s creature, Roy has been made physically and morally superior to Tyrell his creator. In this scene the audience sees the creation come back to end the creator and the idea that science has progressed so far that is supersedes its creators is seen. This asks questions about the direction science should head in.Through the development of Victor and the creature’s relationship, questions are raised about the responsibilities of the creator and what values make us human. Victor makes a creature that he abandons to the harsh world where he is not understood. This shapes the way the creature is developed and supports the ‘blank slate’ idea of Shelley’s context. Shelley challenges the values that assume we are born with a certain fate and those who are bad deserve bad lives. She puts forward the Enlightenment idea that humans are ll born with the potential to be good. Shelly shows this through the relationship between Victor and the creature, who both need love and compassion; aspects of human nature that are given through nurture. The creature had been capable of impulsive acts of kindness as he res cues a child from the river and does acts of kindness for the De Laceys. Shelley uses this to represent the potential for good in human nature and that people are not predetermined but can be turned to evil if neglected: â€Å"I was benevolent and good; misery made me a fiend†.These are the results of Victor’s blind ambition, self pity and disregard for his responsibilities, all unfavorable aspects of human nature. With neglect, the creature is doomed to only find pleasure in the acts of hate towards Victor, but even these acts are not satisfying as he is morally just, causing the creature to be constantly unhappy. Similarly, Roy’s development from a child-like selfishness to maturity, capable of love and compassion, challenges the belief that science can control its creations and that they are only valuable for profit.Tyrell’s corporation represents the greed and ambition that drives the world of Scott’s context, it represents the negative consequ ence of a world bent on profit at the expense of moral justness. The commercialization of science is seen as profitable, but as Scott shows, commercialization of science doesn’t take into account the act of giving ‘life’ and the responsibility due to the creation, it only works on profits and losses and as a result, the replicants are seen as a quantity. When science is commercialized, greed and ambition blind the morals that science needs.Scott shows this through the act of Roy, like Shelley’s creature, killing his creator, in revenge for neglect. The replicants’ ability to absorb experience and change, challenges the values that assume humans are the supreme measure of everything. Scott draws upon modern psychology to portray the replicants’ development as a means of discussing human nature, Ironically the genius replicant Roy proves Tyrell’s slogan â€Å"More human than human† when he gradually develops into a better human be ing than the humans themselves. Roy is firstly portrayed as a child as he compliments J. F’s toys and plays a sort of hunting game with Deckard.Like the creature Roy is new to life and â€Å"emotionally inexperienced†, but through his development of memories and experiences, he becomes â€Å"human†, learning empathy and love. This development in the replicants’ emotions is a strong parallel to the creature with the effects of neglect and the ability to be morally educated. The four-year life span is a guard against emotional development triggered by experience. Memories given to the replicants are â€Å"creations† that allow for control: â€Å"If we gift them the past we create a cushion or pillow for their emotions and consequently we can control them better. Roy’s development of love and compassion is expressed with Pris, this is shown through his howling and stuttering over her name after she has been killed. Roy also develops empathy wh ich is seen in saving Deckard. Scott uses Roy’s monologue to fully express to the audience how Roy has become â€Å"human†. He does this through dialogue â€Å"all these moments will be lost in time, like tears in rain† expressing loss and a desire to preserve memory. Through the metaphor of the dove ascending into the heavens, his spirit is released through the only living creature seen in the movie.Both the novel Frankenstein, and the film Blade Runner imaginatively portray individuals who challenge the established values of the time; both discuss the role of science, the benefits of ambition and fame and the importance of nurture. The characterization and the development of relationships between creator and creature holds the key in both texts to not only challenging the contemporary values of the 19th and 20th century, but also issues and question about life and humans that have been dwelled upon over many centuries.

Tuesday, January 7, 2020

A Sociological Imagination Of An Environmental...

I started the day with the mentality of an environmental sociologist, that society and environment are interrelated (Bell, 2012, p. 2). Using my sociological imagination I was able to conceptualize my interaction with the environment on a local scale. I was able to see how I impacted the environment, even when I wasn t consuming or wasting, versus what would occur if I was wasting. I realized that I impact the environment in more ways than just purchasing and disposing of goods, and I truly saw this in the change of lifestyle for a day. I began this day knowing I would need a piece of motivation and sentiment. I put on a necklace that my mother got me last year. Every time I put on the necklace I know she is right next to me and that Hau, the spirit of goods, is linking us together. Hau places a sense of sentimental experience that is attached to this particular good (Bell, 2012, p. 53-54). Prior to taking this course I could never put a name to the feeling I got what I had my mother ’s necklace on, but a spirit of goods that links souls together is a perfect explanation. Our social relationship is very important to me as I typically wear this necklace for good luck. In terms of consumption, no being can exist without interacting with the environment. There is an ecological dialogue that is in constant motion between us as human beings and the environment. 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Monday, December 30, 2019

The Dangers Of Bullying That Teens And Kids Face - 811 Words

The Dangers of Bullying that Teens and Kids Face Getting kidnapped, having problems with drugs, being bullied, and teen pregnancy are just a few of the many dangers that teens and kids face every day. One of the biggest concerns today is bullying. Bullying can happen anywhere and is a problem that affects millions of kids and teens each year. Bullying is defined as an unwanted, aggressive behavior among school aged children that involves a real or perceived power imbalance. The behavior is repeated or has the potential to be repeated, over time. Both kids who are bullied and who bully others may have serious, lasting problems (U.S. Department of Health Human Services, n.d.). In 2013, Youth Risk Behavior Study (which covered only high-school students) found that 19.6% had been bullied on school property in the previous 12 months, and 14.8% had been electronically bullied. In both cases, caucasian teens and female teens were more likely to say they’d been bullied (DeSilver, D., 2016). The three forms of bullying are verbal, social, and physical bullying. Verbal bullying can affect a person in emotional and in psychological ways. The goal of verbal bullying is to degrade and demean a victim while making the bully feel dominant and powerful. This can include teasing, name-calling, taunting, threatening, and inappropriate sexual comments. This type of bullying can lead to low self-esteem, depression and other serious conditions that could possibly lead to substance abuse orShow MoreRelatedThe Dangers Our Children Face on the Internet Essay1058 Words   |  5 Pagessociety with our Twitter, MySpace, and Facebook. It is hard to argue that technology hasn’t improved our lives through medicine, communication, and entertainment. Our children face an increasing number of dangers on the Internet. Sexual predators, cyber bullying, and pornography are the most prevalent dangers our children face on the Internet; the best way to protect them is to be an involved and in formed Parent. Sexual predators on the Internet are a topic that has received lots of attention fromRead MoreThe Effects Of Long Term Use Of A Computer On Median, Ulnar And Radial Sensory Nerves957 Words   |  4 Pagespartial or complete loss of hand/wrist movement or sensation in hand/fingers etc. This is just one of the few health problems that we are facing or about to face as a new big problems if we keep using computers limitless. Another way the computers hurts a student is by hurting their capability to focus on study while working through a computer. Teens tend to have very playful mind and it’s already hard for them to focus on boring thing like study. So when they are in front of the computer screen, howRead MoreChildren Should Not Be Online Without Supervision1190 Words   |  5 Pageschildren are cooperating on common networking spots, and be certain their kids be familiar with what to make sure of if they have knowledge a foul or unsafe circumstances. Children should not be online without supervision due to fear of privacy, bullying and inappropriate behavior like sexting. Privacy is at all times a worry for any message discussion passed out online and children every so often do not realize the danger involved in giving existing too much private data going on the Internet. ThisRead MoreChildren s Children On Social Media Essay1688 Words   |  7 Pagesto make them stop crying, instead of deali ng with the problem. They take a step further and make their newborns accounts on Facebook, Instagram, Snapchat, Twitter, etc. What is the baby going to do with a social media account, other than get put in danger? Social Media it s a very dangerous place where people and especially children cannot be protected. The children should not have social media because they are dangerous, distracting and development conflict. Children these days tend to solve theirRead MoreA Life Threatening Habit : Using Drugs And Alcohol1665 Words   |  7 Pageseffects that teenagers do not know and that will cause harm in long term usage. For some, using their cell phone is a way out of reality and an escape from the outer lives. Social media is becoming more popular every year which is attracting younger kids. The cell phone is a trap to the next generation and will create problems for teenagers. In today s society, cell phones destroy people s communication abilities, social lives, and driving abilities. Teenagers having real conversations is a rareRead MoreThe Influence Of Technology On Teenagers1246 Words   |  5 Pagesfamily time, encourage short attention span, interfere with schoolwork, lead to less physical activity, and expose kids to too much advertising and inappropriate content. Subjecting teenagers to cyber bullying, influencing negative behavior, and causing anxiety and depression are just a few examples of how time spent on social media could potentially be dangerous. There is a danger on the internet and social media. (Should parents limit the use of social media for teenagers). Unfortunately, mostRead More Cyber Bullying Essay1447 Words   |  6 Pages Sarah is an average teenage girl. She gets decent grades, likes to hang out with friends and is on the track team. One day when Sarah arrives at school she notices other kids staring at her and whispering, but she doesn’t think too much of it. Later in the day at lunch a few kids mutter nasty words at her as t hey pass by, kids she doesn’t even know. After school she turns on her cell phone and see 15 text messages from numbers she doesn’t know, all of them calling her horrible names like â€Å"skank†Read MoreIs It Serious? Cyber Bullying? Essay1175 Words   |  5 PagesTopic: Cyberbulling is Very Serious Cyber bullying by definition is the use of electronic communication to bully a person, typically by sending messages of an intimidating or threatening nature. This occurs mainly among young people ages between 13- 18. Base on my research I found out in the past decade, there have been multiple cyberbullying cases that ended with the victims taking their own lives. I believe there is more we can do to help with this issue. There is information out there that isRead MoreEssay on Cyberbullying is a Serious Problem1536 Words   |  7 PagesBullying has existed for generations. 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Middle School Journal 39.4 (2008): 30–35. The purpose of

Sunday, December 22, 2019

Warfare of the World Wars Essay - 1587 Words

Since the dawn of mankind, we have used tools to assist our daily needs. In no time, simple tools became weapons, and throughout our history we have witnessed the evolution of these tools of destruction. From swords to the bow and arrow, and revolvers to atomic bombs, warfare has been an ever-changing industry. Warfare of the Second World War greatly differs from that of World War One. Within the short twenty-five year time period between wars, we see the greatest developments in organized military history; aircrafts create a whole new role in war, land weapons are perfected, and war strategies are heavily altered as a whole new set of battle ideals are set into play, based around the discovery of a devastating new power. The role of†¦show more content†¦During the short-lived prosperity of the 1920’s, the aviation industry saw great new advances to lead them into World War II. However, it wasn’t until 1941, when U.S.A entered the war that mass production and use of airplanes was noticeable. Planes were now specialized into categories; smaller, sleeker, faster models such as a P-51 Mustang were used as fighter planes to take out enemy planes and boats, while larger, heavier bombers such as the B-29 Superfortress would rain down bombs on enemy territory and flatten cities. Plane warfare served a significant role in the Battle of Britain, when the British RAF`s went head on head with the German Luftwaffe, and eventually forcing them to retreat from England. Aviation was regarded more heavily in WW2. Previous double winged designs were now replaced by aluminum or steel mono-winged fighting machines. Single prop-based machine guns were taken over by numerous larger, 50 calibre artil lery guns and missiles within the plane. Stronger radial and jet propelled engines made planes twice as fast as their WWI predecessors, allowing them to influence sea warfare as well. Instead of planes going head to head in aggravated dogfights, in WWII nations put together organized air forces. Through this bombers were inaugurated, culprits of devastating Paris, London, Berlin and ending the war with the final annihilation of Hiroshima and Nagasaki. Land weapons were perfected throughout the course of the two wars. In WWI, bolt actionShow MoreRelatedWarfare During World War I1472 Words   |  6 PagesCivil War and the start of World War I. Within those years numerous technological advancements took place. Many of those advancements directly impacted the warfare in the First World War. The Civil War, also referred to as the first modern war, gave way to an even more modernized style of warfare used during World War I. Much of this modernized technology of warfare had a great impact on how tactics and strategies were used throughout the First World War. Toward the beginning of the Civil War mostRead MoreThe Warfare During The World War II Essay1137 Words   |  5 PagesHybrid Warfare Since the very first war on record, each belligerent has attempted to find more advanced ways to defeat the other. Usually wars have been fought traditionally: â€Å"In terms of conventional, classic war, definitions are almost identical around the world: type of war where weapons of mass destruction are not used, only classical combat means, the fight is fought only by regular armed forces† (Frunzet), called conventional warfare. As populations around the globe grew, another type of warfareRead MoreThe World War I Warfare Techniques1090 Words   |  5 Pagesfactors that made this era very significant. During this decade, World War I was being fought and because of it, America made great strides in science and technology. Technological advancements in science completely changed the manner of how war was fought by creating weapons and techniques such as trench warfare submarines and biological warfare. One major aspect of the technological advancements in the 1910s was World War I warfare techniques. Trenches, machine guns, air reconnaissance (militaryRead MoreThe Difference of Warfare between World War 1 and World War 21009 Words   |  5 PagesWorld War Warfare was one of the greatest examples of technological advancement and strategic challenge, with the introduction of inventions such as the aircraft and the tank the battlefield transformed from attrition as scene in the early years of the war to decisive by the end of the war. Naval Warfare World War 1 While the naval war is usually known for only little attention in histories of World War I, the Royal Navys blockade of Germany played a dangerous role in the War. The U.S. Navy linkingRead MoreChemical Warfare During World War II1450 Words   |  6 PagesChemical Warfare in World War 1 Chemical Warfare is defined as â€Å"Tactical warfare using incendiary mixtures, smokes, or irritant, burning or asphyxiating gases†. This is the usage of a chemical to harm the opposing side in order to get an advantage in the war at hand. Three of the main chemical weapons used during World War 1 were Lachrymator (tear), Chlorine and Phosgene, and Mustard gas. Chemical warfare was overall effective in World War 1 because it added to the weaponry needed to win the war. In theRead MoreTrench Warfare in World War I and World War II Essay953 Words   |  4 PagesTrench Warfare in World War 1 and World War 2 was very deadly. Many soldiers in the trenches died from random causes. Just about every trench in both of the wars where very nasty. It was a place that no one ever wanted to be or would ever want to go. Trenches were built about every way that you could imagine. They were built above ground and underground. Building trenches was very difficult and time consuming. It would take 450 men six hours to construct a trench that was 250 meters long. MostRead MoreThe Evolution Of Warfare During World War II1437 Words   |  6 PagesThe evolution of warfare, from small raids to large scale total war, influenced the evolution in weaponry. Whether it is a rock for a caveman, a sword for a knight, or a gun for a marine, there is an ever-present need for a more effective way to kill the enemy. The obligation to better protect one’s citizens from the enemy further increases the demands for â€Å"better and improved† weapons, which dictate the need for weapons to evolve. The fundamental methods to injure and kill humans and other livingRead MoreChemical Warfare in World War I Essay5438 Words   |  22 PagesJuliana Amenta 2/18/13 Mr. Zastrow Chemical Warfare During World War 1 The first World War has been reported to be one of the most brutal wars in the history of time for many reasons. One of those reasons was strategic usage of chemical warfare. Chemical gas was used on both sides of the line, which turned out to be fatal for many. World War I was mostly fought in the trenches, where soldiers lived in deep, v-shaped holes or underground bunkers. Both sides would occupy these trenches in orderRead MoreChemical Warfare During The First World War1984 Words   |  8 PagesChemical Warfare in the First World War The First World War, while engulfing Europe with four years of death and destruction, also served as something of a testing ground, allowing nations to test and deploy the newest and most high tech weapons in their arsenals. It is from these experiences, on the bitter, mud drenched fields of Flanders, Eastern Europe, and elsewhere, that many technologies that shape the modern battlefield today, such as the air plane or the tank, were first put to use on aRead MoreAerial Warfare During World War I1982 Words   |  8 PagesDuring the beginning of World War I aircraft were still primitive and in their infancy of development. They carried no weapons and were limited on their speed and range. It was not only the limits of this new technology that hampered its deployment into combat it was also the inadequacies of the pilots. This meant aircraft needed to be easy to fly so they were built to be less maneuverable and more stable. Without a direct role in combat they found their first uses during the war as a reconnaissance

Saturday, December 14, 2019

Equity and trust law assignment, Free Essays

string(148) " is certain because of the fact that it relates to a specific piece of property \(\?500,000\), whilst clauses 1 and 2 are uncertain as they do not\." Question 1 Daniel Smithson and the beneficiaries to the trust may be able to sue Agnes and Brian for breaching their fiduciary duties and thus causing a loss to the beneficiaries; Nocton v Lord Ashburn[1] and Target Holdings v Redferns.[2] This is because under s1 of the Trustee Act (TA) 2000 a duty of care is placed upon trustees to ensure that they exercise reasonable care and skill when managing the trust. Reasonable care and skill does appear to have been exercised when Agnes and Brian used the trust shares in the company to vote the directors out of office and vote themselves onto the board of directors. We will write a custom essay sample on Equity and trust law assignment, or any similar topic only for you Order Now This is because their efforts on behalf of the company were successful and the company’s shares are now worth ?8 instead of ?1. Accordingly, it seems as though their decision to do this can be justified on the basis that they were acting in the best interests of the company; Kirby v Wilkins.[3] Furthermore, although trustees are entitled to â€Å"reasonable remuneration† for their services under ss28-29 TA it is questionable whether ?50,000 is a reasonable amount to be paid. In relation to the ?60,000 that was paid to Doris, a lack of care and skill has been exercised since Agnes and Brian have managed the trust inappropriately. In addition, it cannot be said that they have taken the same precautions as an ordinary prudent man would have taken; Speight v Gaunt[4] and they have clearly treated Doris more favourably than the other beneficiaries. This has caused a loss to the other three beneficiaries and both Agnes and Brian did not have the power authorise such a transa ction until Doris reached the age of 25 since not all of the beneficiaries are of an adult age and so the trust cannot be terminated early; Saunders v Vautier.[5] Agnes and Brian have also breached their duties under the trust in respect of the sale of the trust’s shares in Gormley Iron Steel Plc since there has been a deliberate misapplication of the trust property; Armitage v Nurse.[6] In addition, it cannot be said that Agnes and Brian took all of the necessary precautions that an ordinary prudent man would have taken when exercising the trust fund. Furthermore, the investment that was made in Fleetwood Princess is a breach of their duties under s3(1) TA since it is unlikely that they would have made the same investment had they been absolutely entitled to the trust assets. Thus, it was a risky investment to make and does not satisfy the the â€Å"standard investment criteria† under section 4 (3). In effect, it seems as though the two have acted â€Å"recklessly careless† in making the investment; Re Vickery.[7] Brian has also breached his fiduciary duties in relation to the investment into Drug Star Plc since it was m ade clear in Cowan v Scargill[8] that a trustee must make sure that any investments made are wholly beneficial to the beneficiaries and not themselves. Agnes will also be liable for this breach because â€Å"it is the duty of a trustee personally to run the trust and part of that duty is to observe what the other trustees are doing and intervene if they are doing something wrong†[9] as in Bahin v Hughes.[10] If Agnes and Brian can show that they honestly believed the investments to be good then they may escape liability; Re Smith.[11] Overall, it is unlikely that Agnes and Brian will be able to satisfy the defence that they honestly believed the investments to be good and as such it is likely that they will both be found to be in breach of their fiduciary duties. Question 2 In advising Brian and the trustees as to the validity of the express trust that has been created by Agnes, it must be determined whether the three certainties that are required for a valid trust to be created are present. In Knight v Knight[12] it was held that a trust will only be deemed certain if it can be shown that there is â€Å"certainty of intention to create a trust; certainty of the identity of the subject matter comprising the trust fund; and certainty of the beneficiaries (or objects) of the trust or power in question.† In effect, if any of these three certainties cannot be established then the trust will not be valid as it will be an incomplete trust. In acting with sufficient certainty Agnes must have had the intention to create a valid trust, the trust property must have been easily identified, and the beneficiaries must be sufficiently recognisable.[13] Once it has been shown that the three certainties are present, it must then be considered whether the three t rusts that have been created have been properly constituted and that the formalities have all been complied with. Subsequent to these provisions being complied with, the trustees will then be able to distribute the trust property in accordance with the terms of the will. Thus, as shown in DKLR Holdings Co (No 2) P/L v Commissioner of Stamp Duties;[14] the trustee has at law all the rights of the absolute owner in fee simple, but he is not free to use those rights for his own benefit since equitable obligations require him to use them for the benefit of other persons.† In effect, the trustees will be required to deal with the trust assets in accordance with their equitable duties. It does appear as though there has been a certainty of intention in relation to all three of the clauses under the trust since Agnes has executed a will that has possibly been drafted by a solicitor. Thus, if Agnes did not have the intention to create a trust she would not have gone through the trouble of making a will. Essentially, Agnes’s conduct in making the will demonstrates a clear intention to create a trust. In relation to the certainty of subject matter, it is clear that clause 3 is certain because of the fact that it relates to a specific piece of property (?500,000), whilst clauses 1 and 2 are uncertain as they do not. You read "Equity and trust law assignment," in category "Essay examples" This is because; the distribution of the shares in clauses 1 and 2 cannot be identified. In Re London Wine Co (Shippers) Ltd[15] it was held that; â€Å"to create a trust it must be possible to ascertain with sufficient certainty not only what the interest of the beneficiary is to be but to what property it is to attach.† Therefore, because Agnes failed to identify the amount of shares that was to be used on Charles and Doris, it cannot be said that the subject matter is certain. This was also recognised in MacJordan Construction Ltd v Brookmart Erostin Ltd[16] when it was made clear that trust property needed to be segregated and clearly defined for it to be valid. Accordingly, it is unclear what part of the shares shall be given to Charles and Doris because there is a great deal of uncertainty as to what is meant by the â€Å"lion’s share of the income† and how much of the â€Å"better performing shares† is to be held on trust for Doris. As such, it is likely that the trust will fail. Agnes should have been more specific as to what she meant by the â€Å"lion’s share of the income† and â€Å"the better performing shares† as this would have segregated the amount of shares that were to be used. Hence, as noted in Morice v Bishop of Durham[17]; â€Å"there can be no trust, over the exercise of which this court will not assume control and if there be a clear trust, but for the uncertainty of objects, the property is undisposed of and every trust must have a definite object.† Certainty of subject matter can only be established once it is shown that there is â€Å"certainty of the property that is subject to the obligation that it be held on trust and certainty of the amount or share of the trust property that each beneficiary is to receive.†[18] In Green v Ontario[19] it was shown that for the subject matter to be deemed sufficiently certain there must have been reference to a specific piece of property. This has not been achieved in the instant situation and so the subject matter cannot be deemed certain in clauses 1 and 2. Despite this, the objects in clauses 1 and 2 do appear certain because of the fact that both Charles and Doris have been identified. However, the same cannot be said for clause 3. This is because ?500,000 is left to Agne’s trustees to pay the income to her close relatives as they see fit. A discretionary trust has been created here since Agne’s trustees have been given the absolute discretion to make awards to Doris’ and Agne’s close relatives; Revenue and Customs Commissioners v Trustees of the Peter Clay Discretionary Trust.[20] Consequently, it could be said that clause 3 will also fail on the grounds that its object are uncertain.[21] Nevertheless, if it can be shown that the trust is to benefit individuals who come within a certain class, then so long as the person who the trust is to benefit comes within that particular class then the trust will be valid as in McPhail v Doulton.[22] However, it may be difficult to determine what is meant by â€Å"close relatives† since the trustees may not be aware of how close the relatives needed to be, which can produce a lot of problems. Nevertheless, in Re Baden’s Deed Trusts (No 2)[23] it was stated that if the class of beneficiaries, specified by the settlor, are conceptually certain then the trust will be enforceable. Therefore, since it can be said that the class of beneficiaries that have been stipulated by Agnes are conceptually certain, then it is likely that clause 3 will be valid; Re Erskine 1948 Trust; Gregg and Another v Pigott and Others.[24] Nevertheless, the will can still fail on the grounds that it has not been validly executed. Yet, if it can be shown that all the trust was â€Å"in writing, signed by the testator or by someone in his presence and by his direction and be attested by two witnesses† the will would have been validly executed under s9 of the Wills Act 1837. In addition, as noted by Pearce and Stevens; â€Å"the legal title in some forms of property such as shares or land can only be transferred by registration of the transferee as the new legal owner.†[25] It is questionable whether this has been done as there has been no effective transfer of the shares. Again, it seems as though clauses 1 and 2 will fail on the basis that they are uncertain and that they have not been validly executed since â€Å"equity will not perfect and imperfect gift†. If it could be shown that Agnes done everything in her power to transfer the shares to Charles and Doris then the outcome would be different; Re Rose[26] since â€Å"equity would treat a transfer as complete if the transferor had done everything in his power to transfer the property to the transferee.†[27] There was no evidence to suggest that Agnes had done everything in her power and so clauses 1 and 2 will remain invalid. Overall, it is evident that there was certainty of intention to create the trusts by Agnes because of the fact that she had executed a will to do so. However, clauses 1 and 2 will still fail for lacking certainty of subject matter and for failing to be properly transferred. Although clause 3 appears to lack certainty of objects, the fact that the beneficiaries come from a certain class will render this clause valid. The trustees will only be capable of distributing the trust property in accordance with the terms of the will if it can be shown that the will was validly executed. If this has been established then the Agne’s trustees will be able to distribute the ?500,000 to Doris and Agne’s close relatives as they see fit. The trust property from clauses 1 and 2 will enter into Agne’s estate so that they can be distributed in accordance with the Intestacy Rules. Bibliography Books Clements, R. and Abass, A. Complete Equity and Trusts: Cases and Materials, OUP Oxford, (2008). Gillen. M. R and Woodman. F, The Law of Trusts: A Contextual Approach, Edmond Montgomery Publication, 2nd Edition, (2006). Hayton. D. J and Mitchell. C, Hayton and Marshall: Commentary and Cases on the Law of Trusts and Equitable Remedies, Sweet Maxwell, 12 Edition, (2005). Hudson. A, Equity and Trusts, Routledge-Cavendish, 6th Edition, (2009). Martin, J. E., Hanbury Martin: Modern Equity, (19th edn, Sweet Maxwell, 2012). Pearce. R and Stevens. J, The Law of Trusts and Equitable Obligations, OUP Oxford, 4th Edition, (2006 Cases Armitage v Nurse [1998] Ch 241, 251 Bahin v Hughes [1886] LR 31 Chd 390 Cowan v Scargill [1985] Ch 270 Green v Ontario [1973] 2 OR 396 DKLR Holdings Co (No 2) P/L v Commissioner of Stamp Duties (1980) 1 NSWLR 510 Kirby v Wilkins [1929] Ch 444 Knight v Knight (1840) 3 Beav 148 McPhail v Doulton [1970] 2 All ER 228 MacJordan Construction Ltd v Brookmart Erostin Ltd [1992] BCLC 350 Morice v Bishop of Durham (1804) 9 Ves Jr 399 Nocton v Lord Ashburn [1914] AC 932 Re Baden’s Deed Trusts (No 2) [1972] 2 All ER 1304 Re Erskine 1948 Trust; Gregg and Another v Pigott and Others [2012] 3 All ER 532 Re London Wine Co (Shippers) Ltd [1986] PCC 121 Re Rose [1952] Ch 499 Re Smith [1896] 1 Ch 71 Re Vickery [1931] 1 Ch 572 Revenue and Customs Commissioners v Trustees of the Peter Clay Discretionary Trust [2007] EWHC 2661 (Ch) Saunders v Vautier (1841) EWHC Ch J82 Speight v Gaunt (1883) 9 App Cas 1 Target Holdings v Redferns [1996] 3 WLR 352 How to cite Equity and trust law assignment,, Essay examples

Friday, December 6, 2019

Key Contents of Corporate Governance-Free-Samples for Students

Question: Discuss about the Ethics of Corporate Governance. Answer: Introduction The term corporate governance can be defined as the processes or more specifically the policies with the help of which the corporation is well governed. The flow of power as well accountability passes from one to the other such as the share holders the board of directors And the concerned managers of the corporation. On this transfer of information the running of the corporation associated to the interested parties depend, this is the reason why a ethical code of conduct should be maintained such that there remains on discrepancy in the transfer of information. The corporate Governance undergoes certain rules and regulation with a proper code of ethics that has been discussed in this paper. The paper discusses about the ethics of the corporate governance. Discussion The essential administrative structure that generally incorporated in most of the corporation, firstly, the favorable vote that the investors provide and as a consequence get engaged . Secondly, the duty of the directorate which is to pay special attention on the investors interest is given importance based on the ethics. A CEO is appointed who is responsible for all decision of the boar in the management, this CEO set up communication among the internal and external users of accounting information with the organization itself. There are a several range of standards that is inclusive of strategies which are different from each other and maintain the standard of great administration. These help in the building up of the ways to actualize the power and the responsibility (Coffee Jr, and Palia 2016). There will be interior standards, for instance (somewhat dictated by significant corporate law), about how board races are to be completed. There are furthermore management regulations that are relevant to possessions like the deliberation of outside, "free executives among the board of director in the management To an expert of finance, administrative work may seem to be a matter that should be given the most importance as the matter is related to the financial aspects of the company. it is unnecessary to implement resources into an organization which is ineffectively represented. Administration has certain legal bindings which makes it a very law full issue. Enron was the most important case of administration that is of poor quality works on terribly distressing clients who wants to invest and the more extensively open. At the present time it could be likely look to a couple of major budgetary organizations for protest lessons in the evil impacts of awful administration. The key features of corporate governance Direction of the measures of corporate Governance Regularity is provided to the business firm, the essential bit of the corporation is the companies specialists and pioneers. Creating a settlement on the most important decisions and discussing present and stress in the future of the association are innovative methods of this portion. Association mission and vision that originate from the organization part of business. These declarations give a sentiment reason and outline basic aims in the association's business works out. Supervision as a part of Corporate Governance In the organization that is openly claimed for instances screening of the organization and the choices of the CEOs are assessed along with those of the other officials of the company. The pioneers of the company guarantee the advantages of the clients investing and also the concern of all other partners. The organizations that are small in size control the organization such that all work is not tumbled on one individual. If the company works on the same way without a overseeing board then the above situation is held as the violation of the ethics of the company (McCahery, Sautner and Starks 2016). Relation with the stake holders of a corporation Administration in a corporation envelopes responsibility to the companies partners and owners ( share holders). On the basis of the customers it is seen that that the relation with the customers are very important as they are the one who runs the business. On ethical grounds it is seen that if there is a honest and truthful relation between the customer and the user of accounting information then there is a smoothness in the management of the organization as this maintained ethics in the corporate level attracts more number of clients which is good for the business as well the stake holders related to the business. Clients move to those corporate governance that follow the ethical code of conduct. Theory of Corporate Citizenship One more important expansion in the time 21st century is long-drawn-out in the spotlight on corporate citizenship. Business organizations that are generally incorporate a corporate citizenship declaration on corporate management or economic professional relative website pages, such type of articulations communicate the company aim to proceed with communal and environmental duty (Kraakman and Hansmann 2017). Openhandedness of spirit and other beneficent promises are among basic things noted inside corporate citizenship proclamations. . When all the formalities are completed, mindfulness is noticed in the organizations, then an should adjustment of benefit creating exercises with dependable strategies and practices should be incorporated. Corporate administration is the arrangement of tenets, practices and procedures by which an institution is synchronized and restricted. Corporate Governance generally includes adjusting the benefits of the frequent associates in an association, and th ese integrate their client that invests on the company, management, patrons, people who provide, agents, group and the government where the association is operational (Rodriguez-Dominguez, Gallego-Alvarez and Garcia-Sanchez 2016). In limit sense, Corporate Governance manages expanding the investors riches, and in more extensive forthcoming, it thinks about the welfare of the all partners and the general public. Corporate Governance additionally gives the structure to accomplishing an organization's goals, and it incorporates essentially every circle of administration from activity designs and inward controls to execution estimation and corporate exposure. Following are the angles which ought to be secured by Management of any association in its Corporate Governance Policy: Treatment of equity and shareholders right: Each Organization should regard the privileges of investors and should enable them to practice their rights appropriately, straightforwardly and successfully. . There ought to be an appropriate correspondence by association expecting to support investors' rights. Stakeholders: Associations should settle their responsibilities. lawful, legally binding, social, and market driven obligations, for investors including different partners, for example, financial specialists, workers, leasers, clients, providers, neighborhood groups and arrangement creators. Directors role and responsibility: The leading body of any association ought to be comprehensive of appropriate and adequate administration abilities, instructive capabilities and comprehension to survey of arrangements and difficulties of administration execution. Moreover, there ought to be a legitimate and proper duty (Armstrong et al.,2015). Behavioral ethics and integrity: Uprightness is the critical factor of progress for any of the associations. Honesty is the crucial prerequisite of association, corporate officers and board individuals who are required to take after the guideline of trustworthiness. Each Organization ought to build up its set of accepted rules for its workers, officials executives and promoters, individually (Stout and Blair 2017). To be transparent and disclose the matter: Organizations should follow the principles of transparency and disclosure for the best interest of organizational stake holders. Transparency and disclosure are the responsibilities of board and management of organization. This function provides accountability to stakeholders. Ethics Good and bad conduct helps in elucidating the ethics of an organization, characterizing for us when our activities are moral and when are unethical along these lines, in this manner, morals which is at the core of the administration of the corporation and there must be a reflection of the activities on a worldwide scale of the administration of the corporate. Management assumes a key part in forming the eventual fate of any association as the ideal use of all assets pivots upon the viability of the administration (Garca-Snchez, Rodrguez-Domnguez and Fras-Aceituno 2015.). The center of an effective administration lies in its Clarity of Vision, Plan of Action and all the more imperatively Execution of the Plan of Action the genuine extent of tasks in a manner of speaking, and it is here that the significance of Corporate Governance and Ethics appears. Business Ethics Business is the craftsmanship and continuous application of moral standards to give the impression of being at and give details multifaceted high-quality quandaries. A business is thought to be moral just in the event that it tries to achieve an exchange off between seeking after monetary target and its social commitments. Ethical thoughts are joined with creation of trust enhancing its productivity as a result the organization twists profitably and keep up great unsavory reputation. Put reserve in prompted steadiness and efficiency of the business organiosation. Importance of Business Ethics The variable that is the most important to understand ethics is truthfulness. There are mainly three dimensions of ethics, namely, trust in provider relationship, confide in client relationship and representative relationship. If any association is keeping up relationship of trust with their partners, at that point we say that the organization is a moral organization. Tata Steel, Boeing, Ford and JJ are the associations which take after the rule of business morals in this way the associations are top in their fragment. There must be solid corporate administration strategies to control over dishonest issues and exercises. Following things are have to stop to increment moral estimation of any association: Pay off The companies Coercion Trading that is insider in nature Conflicts based on the interests of the users of accounts. Discrimination including unfair means. Gifts and political donations that are paid. Presentation of insufficient returns of payments and also articulations of those returns. Benefit acquired by unfair practices. Stakeholders in Organization Influence is noticed on partners when they become close to (adversely or decidedly) by outcomes ant consequences of activities, undertaking or program. These partners of a company can be categorized under 2 heads (Bondy, Matten and Moon 2014): Internal Stakeholders: The internal stake holders are those who are benefitted from the business at an internal level and internal business (For instance, Directors, Shareholders, Employees and Managers and so forth.) External Stakeholders: The activities of any financial institution can be influenced by the external stake holders (for instance, the Customers, Financial Groups, Special Interest Groups, Suppliers, Pressure Group, Competitors, Business Support Group, Government, extremist gatherings and business bolster gatherings and media) How to maintain relationship with Stakeholders: Trust and Communication are the establishing stone to make perfect relationship among partners. Through viable correspondence and trust any association can keep up culminate relationship among different inner and outer partners. Each association ought to guarantee that every one of the partners are including in its basic leadership process. Along these lines, we can state that building and keeping up a long haul association with partners depends on two basic rule i.e. correspondence and trust. Administration of any association ought to do following things for Stakeholders Relationship: To empower partners investment in the basic leadership process To give convenient data to Stakeholders To speak with genuineness To listen partner concerns To regard differing supposition To find commonly helpful arrangement To gain from each other Conflicts may arise as follows: Struggle between partners gatherings Conflict between partners gatherings, though one is a customer Companies interests may clashes with its partners Reasons for Conflict of Interests among Stakeholders: Diverse partners accompany distinctive requests, and if, any of those requests isn't fulfilled, at that point this will emerge clashes: Board needs more benefit so board may cut staff advantage benefits now clashes emerges amongst association and its representatives (Canary and Jennings 2018). Supplier needs full item cost on time. Shareholders may get baffled of overpaid compensation payable to top administration. Besides, investors may contend for rate of appropriation of profits or benefit, and furthermore workers may need better advantages or wages (Van Tulder and Kolk 2011). Government needs more income through Direct/Indirect expense. Local Community needs reservation in openings for work gave by an association Investors need immense benefit or best capital profit for contributed cash. Customer needs fantastic items at moderate costs. So these are the purposes behind clashes among different partners, and if any of the partners isn't fulfilled because of administrations got that may prompt clashes Conclusion It can be concluded after analyzing the different ethical concern of the corporate governance that it is essentially is concerned about the fulfillment of rights of the share holders and the other stake holders of the business firm. This is inclusive of the ethical amount of being transparent on applying the standard of discloser. Motivation has been put forward by the resent happening financial crisis and failure in the corporate world to accelerate the publishing of corporate world to accelerate the publishing of corporate governance code of conduct. The day to day decision making also depends upon the codes of conduct which is related to ethical behavior. There are a number of benefits, when adhered to the ethical values, few of such benefits that are obtained includes the development of managerial behavior, motivating employees in a positive manner, the reputation of the organization is also protected, it also aims at improving the different relationships in business with due res pect to the laws and regulations. All the above attributes are generally seen in the corporations culture all together that is rules standards values and beliefs. References Armstrong, C.S., Blouin, J.L., Jagolinzer, A.D. and Larcker, D.F., 2015. Corporate governance, incentives, and tax avoidance.Journal of Accounting and Economics,60(1), pp.1-17. Bondy, K., Matten, D. and Moon, J., 2014. The adoption of voluntary codes of conduct in MNCs: A three?country comparative study.Business and Society Review,109(4), pp.449-477. Canary, H.E. and Jennings, M.M., 2018. Principles and influence in codes of ethics: A centering resonance analysis comparing pre-and post-Sarbanes-Oxley codes of ethics.Journal of Business Ethics,80(2), pp.263-278. Coffee Jr, J.C. and Palia, D., 2016. The wolf at the door: The impact of hedge fund activism on corporate governance.Annals of Corporate Governance,1(1), pp.1-94. Garca-Snchez, I.M., Rodrguez-Domnguez, L. and Fras-Aceituno, J.V., 2015. Board of directors and ethics codes in different corporate governance systems.Journal of business ethics,131(3), pp.681-698. Kraakman, R. and Hansmann, H., 2017. The end of history for corporate law. InCorporate Governance(pp. 49-78). Gower. McCahery, J.A., Sautner, Z. and Starks, L.T., 2016. Behind the scenes: The corporate governance preferences of institutional investors.The Journal of Finance,71(6), pp.2905-2932. Rodriguez-Dominguez, L., Gallego-Alvarez, I. and Garcia-Sanchez, I.M., 2016. Corporate governance and codes of ethics.Journal of Business Ethics,90(2), p.187. Samra, E., 2016. Corporate governance in Islamic financial institutions. Stout, L.A. and Blair, M.M., 2017. A team production theory of corporate law. InCorporate Governance(pp. 169-250). Gower. Van Tulder, R. and Kolk, A., 2011. Multinationality and corporate ethics: Codes of conduct in the sporting goods industry.Journal of International Business Studies,32(2), pp.267-283.