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Tuesday, April 30, 2019

To what extent was China a Buddhist country from the third to the Essay

To what extent was mainland chinaware a Buddhist country from the threesome to the sixth centuries (200-600) - Essay ExampleHowever, it is beting to note that Buddhism has been able to gain acceptance in China despite the age-old philosophies of Confucianism and Daoism. This paper discusses the influence of Buddhism in Chinese society during the trey and fifth centuries and argues that Buddhism became a definite characteristic of Chinese society during the third and fifth centuries. The Introduction of Buddhism in China Buddhism entered China at a time when China was experiencing a new period of prosperity and wealth. During the early decades of the third century, the Han Empire was consolidating its grip over the Chinese mainland. Wright (p. 9) explains that during this period, the Han elite had established its rule over the northbound and southwestern of China. A new social order was being created. An intellectual process was taking place where thinkers were build a rational structure of the political and social changes taking place during Han rule. Confucian principles and values were blend with experiences from reality to create a code of life. However, the gradual decline of the Han Empire resulted in a qualifying o favour with Han Confucianism as well as Daoism. In such an environment, Buddhism found a overt audience among monks searching for a simpler and unadulterated code of life. Buddhist Influence in Chinas Intellectual and Spiritual Life Buddhism gradually accommodated itself into the intellectual and spiritual life of the Chinese elite during the quarter century (Zurcher, p. 3). Zurcher (p. 3) further explains that because of the linguistic barrier between the original Buddhist texts in Sanskrit and the Chinese language, Buddhism in China assumed a distinct form compared to Buddhism in India. He alike states that Buddhism was initially the delight of monks in the Confederate parts of the country and also among the well-to-do common pop ulation. Zurchers (p. 3) argument also reveals that Buddhism was eventually assimilated into the Chinese intellectual sphere instead of replacing Confucianism or Daoism. This, however, does not mean that the interest in Buddhism was restricted to the south of China. While Buddhism was finding a receptive audience in Jin-ruled southern China, Buddhist thoughts were also making an influence among the non-Chinese rulers of northern China (p. 4). However, it is interesting to note that the Chinese trend to assimilate rather than supplant philosophies with earlier ones was prevalent in the north as well as the south, although Buddhist thought took different forms in both regions. In fact, because of the external threats to China from the north and the northwest, the victimization of Buddhist though in the north was more dynamic than the evolution of Gentry Buddhism in southern China (Zurcher, p. 3). This form of Buddhism was developed by Chinese monks and was accepted by the gentry or magnificence in southern China as a means to high culture. The evolution of Buddhism in the north after the collapse of the Han dynasty assumed a distinct direction but remained in favour of its far-flung acceptance. The most significant development in this process was the introduction of the idea of the emperor as the shape of the Buddha (Reat, p. 141). The non-Chinese rulers of the northern part of the country adopted Buddhism as a means of legitimizing their rule. The old order found on Confucianism was no longer valid and there was need for a new belief trunk to give

Monday, April 29, 2019

Family Relationships Essay Example | Topics and Well Written Essays - 750 words

Family Relationships - Essay ExampleWilly the protagonist is discussed to depict how his ego deception and disillusionment have affected his family. He represents the dysfunctional family. Miller has designed a family, which is stretched to prisonbreak point by pressures of a speedily varying environment. The way they relate among themselves determines their identity, what they aspire to be and their inability to reconcile the two. Strangely, his fixation with the exterior traits of charm and likeability is at probability with a grittier, more gratifying tactful of the American dream which recognizes the hard work without complaint as the key to success (1.243). The Loman family is based on false values that distort the American dream and Lead to an existence of a dysfunctional family. Willys life is symbolic of many family relationships. Miller depicts him as a salesperson tho does not make up ones mind which products Willy deals with. This is so because Willy is nobody in par ticular but a representative of everyone in society. Relationship amid Willy and Linda The relationship of Willy and his wife Linda is not the most ideal of relationships. Linda seems to be more sensitive than her husband in viewing life challenges. Linda is loyal and devoted to her husband, but Willy succumbs to temptations and cheats on her. She tries hard to protect her husband but ends up causing him more harm than Help. It is because of her ineffective attempt to protect Willy that she allows his death. She leave offs Willy as seen when he brags somewhat the grosshe had in Boston and providence. As Linda calculates his commission but she does not confront him (2.188). Relationship between Willy and His Children Willy enjoyed a health and exciting relationship in the past with his sons but later on, the relationship deteriorates tremendously because of his lies and neglect of family. The find and child affiliation between Willy and his son punch is edgy.this starts from an incident that happened years ago, when thrusting detect him in a hotel room with a woman, which made Biff lose respect for his generate. Biff and his father collide when biff seeks assistance from his father. Wily appears have been in an affair in a hotel room. When Biff shows up to see if his father will help him and finds another woman in his fathers room, his world is crashed, he feels destroyed and betrayed Biff is hurt and disappointed in his fathers infidelity that he chooses to leave schooling without graduating from college. In the incident, Willy becomes defensive and tries to convince Biff in vain that, zero happened but it makes nothing better. In some way, Willys lies destroys Biffs future, as from then on Biff ever so changes jobs, but finds no success in any. Linda and Happy are not aware, and they do not extrapolate the rift between them. This causes a further wedge in the family relationships. Another rift that strains the affiliation amid Biff and his father occurs because biff blames his father for the superiority complex he instilled in them while they were young. He tells his father that because he made him full of himself, it became had for him to take orders from others. Conversely, the rapport between Happy and father is neither badly off nor much better. In Willys life Happy has always been second in his affection. He constantly praises Biff before Happy and this seriously Affects Happy life and his family

Sunday, April 28, 2019

The Role of the HR Function Assignment Example | Topics and Well Written Essays - 1250 words - 1

The Role of the HR Function - Assignment ExampleThis paper illustrates that some of the main challenges that HR departments are confronted with are the scholarship of new technologies, new skills, incorporating social values, deteriorating conditions of work, etc. The project makes an assessment of the major roles of HR and their importance in the organizations. The basic ply of HR in a variety of technical, complex, analytical tasks is to support the internal HR services in the department. The department conducts various duties apart from recruitment and selection, compensation plan administration, classification, affirmative action, survey control, benefits administration, and strength policy administration, labor contract. Besides it is also required to handle such responsibilities as interpretation, processing, and tracking of grievance, labor and employee relations, acting as the chief negotiator for the agencys contract/s surgical operation appraisal tracking, and also a wide variety of activities. One of the major roles of HR functions is to manage office management. The HR departments have the responsibility of communicating the roles of the line managers. There is also an increasing requirement for the personnel activities to be measured against the costs involved and the value that they add. The HR plays the main role in cadence the balance between the above aspects. Team development and management account for another important function of the human resource departments in organizations. This is done starting from the process of recruitment, selection, management, promotions, staff development etc. recruitment involves looking for the right candidates according to the requirements of the organization. This includes choosing candidates according to their educational qualifications, setting the job roles and job descriptions etc.

Saturday, April 27, 2019

Music Course at the University of California Essay - 1

Music Course at the University of California - Essay ExampleI had also learned a lot from my experiences the need to maintain mutual respect and concern among the stack members and to develop as part of a team and retaining ones individual talents and identity at the same time. Though I have taken classes to learn the variant musical instruments I play, my huge interest in different musical genres has also contributed towards the expertise that I have gained. I consider in the power of music that emerges through group efforts. Therefore, I had always been in the company of those who be passionately involved with music. The different experiences that we have had with music had been a binding force among us, and it eventually take to the formation of the jazz border. The suggestions and criticism from my colleagues have motivated me to strive for a better quality of contend the musical instruments, and I believe that I have achieved that goal with the help of constant training a nd practice. instantly I can claim that I have reached the level of versatility that is expected of a seasoned band player but am aware that music is an art form which calls for an innovative spirit which is willing to keep learning more and more. This explains my interest in a systematic learning of music as a major in a well-reputed university. Though I have specialized in various musical instruments, I would like to explore the possibilities of learning more related instruments with dedication. However, my ambition is not incisively to master as many musical instruments as possible.

Friday, April 26, 2019

Freedom from Fear and Want in the Context of International Human Essay

Freedom from Fear and Want in the Context of multinational Human Rights Law - Essay ExampleCenter of discussion in this writing is unleashdom from dismay and want that appear to be unattainable aspirations. It is perhaps unreasonable to expect to rattling a life free of vexation and want, unless the individual shares the upper echelons of society. The connection between freedom from apprehension and want with gracious effectives is based on concepts of human security and human welfare. Essentially freedom from fear is a manifestation of the trend toward aligning human security with fundamental human rights at foreign law. Likewise, freedom from want adds to existing foreign human rights by extending fundamental liberties to include welfare as an strengthen of fundamental human rights. On its face, the inclusion of human security and welfare as an arm of international human rights is certainly consistent with developments in modern times particularly with respect to intern ational poverty and international conflicts and terrorism. However, making human security and welfare a fundamental human right poses some problems with respect to protecting welfare and security and safeguarding other fundamental freedoms which may necessarily be contravened in the interest of promoting freedom from want and security. It may be misleading to think of international human rights as an international Bill of Human Rights because in the absence seizure of a centralized system of enforcement, the credit entry and enforcement of an international Bill of Rights are only as right as the national states follow upation and enforcement of those rights. ... nternational Covenant on Civil and Political Rights 1976 (CCPR) and the International Covenant on Economic, Social, and Cultural Rights 1976 (CESR) (Meron, 1986). The International Bill of Human Rights has been expanded via a number of subsequent declarations, covenants and protocols internationally and regionally (Smith, 2007). It may be misleading to think of international human rights as an international Bill of Human Rights because in the absence of a centralized system of enforcement, the recognition and enforcement of an international Bill of Rights are only as good as the national states implementation and enforcement of those rights. It is one thing for a national government activity to recognize an international Bill of Human Rights and quite another for a national government to implement and enforce an international Bill of Human Rights. Even more uncertain is the economic ability of a national government to guarantee that citizens within its territories are accorded freedom from fear and want as original arms of the international Bill of Human Rights. Be that as it may, it has been argued that the idea of international human rights was initially articulated by US President Franklin Delano Roosevelt in his Four Freedoms address to Congress on celestial latitude 10, 1948. During that addr ess, Roosevelt stated that his political aspirations were built around pursuing a social and political environment in which the world would be secure enough to safeguard four specific freedoms the freedom of expression, religion, from want and fear (Power & Allison, 200, p. 4). Freedom of religion and freedom of expression are more easily achieved as the cost of enforcing free expression and free religion is arguably quite low compared to the cost of ensuring freedom from fear

Thursday, April 25, 2019

Guns in Students' Hands Essay Example | Topics and Well Written Essays - 1250 words

Guns in Students Hands - Essay ExampleThe think has attracted left wing and right thinkers who have their reasons to abort or support carrying guns in school. The complexity that borders this deal is that rules that guide institutions defers from one state to another (Korones). Some states allow tribe to carry concealed weapons trance others do not allow. However, the daunting task in this essay is debate on this expose by con human facering either side of the argument. While many some people feel that carrying a gun is a constitutional right, it has negative impact among students. American universities sometimes witness violent crimes because of personal differences that some students harbor. Carrying guns to campuses would irritate the state of such violence in college. numerous pro gun advocates feel that handling college crimes contract a weapon, which can protect an individual from her or his detractors (Hanford). The proposal seems to create more problems than solving t he issue of crime increase in institution. I believe that no person would sit back and hold in for legal redress in an event, which attract heated debate. Psychologists acknowledge the difference in temperament of people as shaped by environmental factor during childhood. Aggressive behavior that one develops when in earliest stages of development can have devastating effects at later stages in life. App bently, many college students are either in their late teenage or early adulthood. Pressure associated with groupings usually aggravate students onslaught and may act contrary to the provisions of law in order to win views of his colleagues (Korones). This leaves no room for weapon in colleges because the intention of a student against a fellow student might not be predictable. It is impractical to assume that students would uphold moral standards set by colleges when clear differences are plain during debates and other college activities. When guns get their way into colleges or campuses, the education facility might fail to deliver its economy (Harnisch). The shooting in lecture hall is clear evidence that lectures might not accept a debate over issues that are controversial in the society. Failure to exhaust issues touching on a particular topic compromises education standards. Learning institution delivers its duty by elaborating or issues while taking a middle ground. Everyone is aware about the long stretch to equality in the United States. I believe that the society has information pertaining to slavery and atrocities associated to slavery. Debating such issues in college is likely to influence thinking of a college student. Some stories about the past evident in American history evoke emotions depending on which side one would take. Such emotions may spill into the society when proper measures are not in belongings to control student reactions. Evidently, lectures do not have the burden of evaluating the behavior of a student in campus or contr ol private issues of a student. Campuses should be free from guns in order to allow definitive debates to take place. I believe that a person will be free to debate good when he or she is free than when under the influence of an impending danger. Guns in the hands of students might plant public safety when student riot (Hanford). Rioting in campus is not a strange occurrence. Many reasons contribute to differences experienced in colleges. College students engage in college

Wednesday, April 24, 2019

State and local GOVT Assignment Example | Topics and Well Written Essays - 500 words

State and local GOVT - Assignment ExamplePublic meritoriousness personnel system has incur important in terms or ensuring that federal employment is given to the qualified individuals. However, it has been stated, the greatest captain challenges for public merit personnel are at the local level.The merit principle entails the selection and assignment of the best person for any given job (Bowman & West, 2006). This is the first instance where the challenge comes because public appointments excite leaned towards professionalism, even at the local level. Professionals link professionalism to possession of knowledge and are attached to group identity. When applying issues of merit for a job at a local level more issues other than professionalism such as gender and race balance issues are considered to get the best individual for the job and this is a challenge.In looking at pay for performance systems, which is a type of public merit personnel system, some(prenominal) Perry et.al ( 2009) and Bowman (2010) found out that public merit personnel systems at the local level slang many challenges that are caused by issues that include lack of adequate funding, inability to distinguish levels of performance, lack of employee effrontery in merit systems, employee-manager distrust and bureaucratic resistance to merit systems among others (Bowman, 2009 Perry, Engbers & Jun, 2009). These issues show that the above statement is true. discuss the implications for state and local governments of the Intergovernmental Personnel Act of 1997 (Revised). http//www.opm.gov/policy-data-oversight/hiring-authorities/intergovernment-personnel-act/url=Provisions. What issues were addressed and why do you think they were include in the Act.The Revised Intergovernmental Personnel Act (IPA) mobility program regulations came into effect from May 29, 1997 allowing federal agencies to operate expeditiously and productively. The regulations have

Astronomy Essay Example | Topics and Well Written Essays - 1000 words

Astronomy - Essay ExampleIts family pangs began some 4.6 billion years ago as rock and ice particles swirling around the young solarise collided and merged, snowballing to produce ever larger artificial satelliteary building blocks. In violent pileups, they smashed together to bring in planets, including the infant Earth. In the turmoil, another body, as big as Mars, struck our planet with the energy of trillions of atomic bombs, enough to melt it all the way through. Most of the impactor was swallowed up in the bottomless magma ocean it created. only when the collision also flung a small worlds worth of vaporized rock into orbit. Debris quickly self-possessed itself into a ball, and since then Earth history has unfolded beneath the blank stare of the moon.After the moons fiery birth, the Earths show up cooled. Even so, our planet remained an alien world for the next 700 million years scientists call this time the Hadean, subsequently the Greek underworld. Rafts of solid roc k drifted in the magma like dark ice floes. Gases hissed from the cooling system rock-carbon dioxide, nitrogen, irrigate vapor, and others-enveloping the planet in a scalding melodic phrase devoid of oxygen. As the temperature dropped further, the steam condensed into rain that fell in primordial monsoons and filled the ocean basins.These first oceans may have been short-lived. Space rubble left over from the birth of the planets-chunks of rock tens to hundreds of miles across-bombarded Earth throughout the Hadean. The greatest impacts might have boiled the oceans away, forcing the process of cooling and condensation to begin again.By 3.8 billion years ago the impacts relented. Liquid water could persist. About that time, perhaps in the oceans, lifeless chemical reactions crossed a threshold, producing molecules complex enough to reproduce themselves and evolve toward great complexity. Life was on a road that led, as early as 3.5 billion years ago, to single-celled, bluish gr een cyanobacteria that flourished in the sunlit parts of the oceans. By the trillions, these microscopic organisms transformed the planet. They captured the energy of the sun to get a enormous food, releasing oxygen as a waste product. Little by little they turned the atmosphere into breathable air, opening the way to the diversity of life that followed.Those days are long gone, but the processes that turned our planet from a hell to a habitable world are still on view today, as the images on these pages show. Primordial heat left over from the planets formation still bursts out in volcanic eruptions, spilling lava that exudes gases like the young, cooling Earth.In the planets harshest environments today, cyanobacteria reign as they have for billions of years. And each time a plant gains a toehold on newly cooled lava, the victory of life over lifeless rock-won so long ago on the young Earth-is affirmed again.Subscribe to National Geographic magazine.The Earth began as a bleak surr ounding where hot and fiery rocks and poisonous fumes existed. This is what the article from National Geographic Magazine, highborn Earth in the Beginning written by Tom Appenzeller, illustrates. The article describes the early Earth

Tuesday, April 23, 2019

The banking crisis of 2007-2008 precipitated the deepest global Essay

The banking crisis of 2007-2008 precipitated the deepest global recession since the 1930s and has led to calls for significantly - Essay ExampleIn this case, obviously something went wrong somewhere or the signs were ignored. Part I of the penning will critically measure out whether or not this crisis has fundamentally undermined the corporate governance frameworks in both the UK and USA. Part II of the paper will assess how to change the current frameworks to lessen the likelihood of a recurrence in the future. soften I The Banking Crisis of 2007-2008 and its Impact on World Economies It all started with an excess of lending in the owe domain of the USA. The economy was going well and life was good. It seemed that the good times were here to last and there was no letting up. In the UK things were largely happening in a similar vein. Lending on mortgage loans had assumed alarming proportions as had consumer credit it was said that the UK economy in 2007-2008 was the most indebte d in the world (UK House Building Market Report, July 2010). Bankers were flat giving housing loans to consumers whose credit history was patchy- inwardness that they had defaulted on loans in the past and were likely to default again- and pocketing fees and commissions in the process. This is called the sub-prime mortgage sector. And then it finally happened. Bankers who had antecedently considered even people with a fully grown credit history as good enough for pickings a loan now began to cut back on lending in the interests of risk admit and compliance. As the economy shrunk and credit dried up, bankers began to call on the sub-prime mortgages and the consumers were left with nowhere to turn to. count their predicament as interest rates rose up and they had to give up their houses because they could not brook up the loan instalments. It was havoc and pandemonium in the housing sector. As the crisis deepened, the banks that had not provided adequately for bad debts in the r eal estate sector were adversely affected. Merrill Lynch and Lehman Brothers in the USA and Northern jolt in the UK were institutions that were brought down by the crisis others like Royal Bank of Scotland were forced to sell off separate of their businesses, divest and re-organize themselves. For institutions like international banks, who have diversified their investment portfolios across the world in divergent continents to spread risk, it was inevitable that their holdings were impacted in some way or the other. AIG and Citibank in the USA, Deutsche Bank in Europe, Citigroup in the USA and Standard Chartered in the UK were all offered stimulus packages that have helped them recover alternatively than join the ranks of the bankrupt companies. To date in excess of 400 small and large banks have had to burn up the dust. At the Heart of the Crisis At the heart of the banking crisis lies the root cause of it all. Actually it is never one factor but a combination of factors that interact or add on to the unfolding crisis and make it inevitable. anterior to the 1930s crash was the period of the Roaring Twenties, a time of unprecedented growth and stability. People had borrowed against everything they had and even resorted to margin trading to take advantage of the stock market boom. It seemed that the bull market would last forever. just by July 8, 1932 the DJIA had lost 88 percent of its value and closed at 41.22, its lowest point in the 20th century. By 1933 the depression

Monday, April 22, 2019

Introduction to management Essay Example | Topics and Well Written Essays - 1000 words

Introduction to management - Essay ExampleBasically, the caller-up is owned by the employees since every partners main responsibility is to help and succeed in every assay that is set within its course. With the complex structure of the corporation, it is important to study and to analyze the corporate social responsibility which is often neglected but can be considered one of the most important aspects of a company ( trick Lewis Partnership, 2011b, About Us). In terms of CSR, the company believed in the importance of achieving goals while being a expert corporate citizen. Their goal in terms of CSR is sustainability through civic responsibility as a method of establishing long term relationship with customers and suppliers. Specifically, JLP is employing environmentally sound policies, local community participation, and responsible sourcing and trading (JLP, 2011b, Our Responsibilities). one and only(a) of the boldest moves undertaken by the company towards its CSR objectives is the implementation of CSR governance which is defined as the Partnership-wide action. In this project, Workplace counsel sort out was established to concentrate solely on the planning, implementation and assessment of the CSR programs of the company. Also, the most important duty of the gathering is to mobilize the different departments and committees within the company to implement and to inculcate CSR perspective in every stage business practices. Thus, thither are four major departments within JLP structure namely the Employment Working Groups or the workplace composed of the people the Divisional Steering and/or Working Groups or the marketplace direction group composed of customers, products and suppliers the Divisional Community Investment Committees which are composed of the different communities and the Environmental Steering Group which is composed of the companys environment (JLP, 2011a, p.4). Tesco Plc and Its Views Telco Plc is a company focused in the sell serv ice. It has a chain of groceries and general merchandise outlets. The company is focused on the goal of creating honour for the customer to achieve lifetime loyalty from them. Thus, the different aspects of the company is focused on the improvement of the retail business specifically the increase in number of branches, the expansion to international sites and the inclusion of different marketing interface such as online selling (Tesco Plc., 2011, About Us). In terms of CSR, Tesco Plc have clear objectives and track to achieve them. Included in the CSR aspect of the company are the focus on the environment, the communities, the responsible purchasing and selling of products, the provision of healthy choices to the clients, and the people comprising the whole company structure (Tesco Plc., 2011). Comparison between John Lewis Partnership and Tesco Plc. Based on the study on the CSR policies of the ii companies, there are similar and vary policies and views. Both companies have c lear focus on the importance of CSR in the business operation. But there are significant differences in the process of implementation of the policies. One of the main different between the two companies is the structure for CSR implementation. In JLP, an independent department

Sunday, April 21, 2019

Founations of Human Resource Management Essay Example | Topics and Well Written Essays - 2000 words

Founations of Human Resource Management - Essay ExampleHe further includes the ends and strategies developed for the purpose of maintaining the desired number of employees in the disposal and the employee-centered issues like incentives, motivation etc in the scope of human resource planning.HRP is therefore a title attributed to the presidential termal activities on the part of employers to followup the labor consumes of system of rules, which may be current or potential and then devise pertly strategies or revise the existing plans in order to fulfill the needs of organization. It may imply that an organization is supposed to assess employees personal needs and potential such as the employment benefits, job appraisals, piece of work environment and other motivating factors along with the organizational requirements in order to best structure the plan for human resources. If an organization completes its planning for human resources without some(prenominal) consideration to the needs of human resources, it might non prove to be a success because the accurate evaluation of demand and supply of labor is non a guarantee that the organization would be able to fulfill the organizational needs in future. ... pop the question of Human Resource PlanningThe human resource planning is an effective means to analyse any approaching contingencies and threats to the goals of the organization. Mullins (1996) explains that proper assessment and analysis of employee deficiency and efficiency can lead to before season evaluation of problems threatening the accomplishment of organizational objectives. He further states that the purpose of this planning is to enable an organization to determine and resolve the labor-related issues before they can actually occur.The chief objectives of human resource planning as illuminated by Bramham (1987) and Mullins (1996), are summarized belowTo provide an organization with the necessary information and assessment regarding the em ployees not quantitative but also qualitative in nature. For instance, the expertise, qualification, experience and other qualities that an organization needs. To assist an organization on the way to determine, analyze and devise effective training and development programs in order to prove the existing and potential employees capable to be utilized for the accomplishment of organizational objectives. This should not only argue a specific type of training program, but also specify their length, duration, and dimensions. To enable the management to cause the needed quantity and quality of workforce in order to avoid under or oer staffing that may result in higher costs for the organization. This type of planning helps an organization to find sufficient ways to reduce the cost on employees by staffing efficient and skilled workplace and emphasizing on quality rather than quantity.To allow the organization to foresee the future competition and market requirements that might need th e contribution of skilled

Saturday, April 20, 2019

Position Paper - Death Penalty Essay Example | Topics and Well Written Essays - 1000 words

Position Paper - expiry penalization - Essay ExampleDeath penalization has been present ever since the societal shift from being primitive communal to the slave community state wherein civilizations were formed and rulers were made. The death punishment was implemented by the earliest civilizations yet there were no formal records of a death sentence being served. According to the Web site library.thinkquest.org, death penalty has very old roots in fact, there is evidence of its application even in peoples such as Babylonians, ancient Egyptians, Greeks and Romans. (). The earliest recorded death sentence according to the Web site www.pbs.org was in the 16th century when a member of the Egyptian nobility was accused of magic, and was ordered to take his throw life. (). Through the ages death penalty was implemented, it was only the manner of which it was executed and of how it was perceived changed through time, the manner changed from the behead and hanging through the firing squad and lethal injection, a brief history of how death penalty was done and the violations which led to a death sentence is presented in the Web site www.pbs.org. ()It was only since subsequently World War II, that there has been a consistent trend in abolishing the death penalty. (Death Penalty Worldwide, en.wikipedia.org, ). Political as well has humane considerations have been taken into account in the abolishment of death penalty as a punishment for some crimes. Since the start of abolition, the number of death penalty sentences served curved down, although capital punishment was still retained in other countries, most of these countries are those with ghostly considerations. The Instruments of death were also changed, some were more harsh than others, in some countries morbid methods

Friday, April 19, 2019

The Story of an Hour by kate chopin Essay Example | Topics and Well Written Essays - 750 words

The Story of an Hour by kate chopin - Essay ExampleThis also extracts that the expression of her seclusion to rediscover her emotions is vital. The narrator has critically analyzed her versed mental innovation, unlike her external world outside her bedroom. The window outside her room is vibrant and alive similar to her mental aspect charm covering everything about her physical aspect.While the blatant use of many words is proof of this internal world, there are several cases of playful or ironic usage certain images or phrases to show the characters joy in the report card and the underlying message that marriage is limiting. The fact that at the end she also dies because of the excess happiness in many ways is symbolic of the marriage disease. Unless her antagonist husband is not present, she can never feel free much like an affliction. The detail that it is solely her heart that is affected as compared to the entire body is indicative that her sadness from this disease symb olically stems from close to internal factor. For example, in the description of her husbands face, it is evident that he had affection for her sentiments that she does not settle with (Chopkins 7). This kind of direct and simple lecture is utilized only to highlight the things the main character hates. Therefore, the language shows that she never actually loved her husband. This helps bring out and simplify the language construct in the story for easier understanding of the character.The language be necks rich and lively with vibrant images and color when louses emotions are depict in detail in regards to the things she likes. This contrasts sharply with the areas where the character is emotionally unattached or indifferent. The contrasts in some of the sentences in the book help highlight the characters responsive indifference. However, as the story progresses, the character and language come alive, as her real feelings are shown

Thursday, April 18, 2019

Demonstration Presentation Essay Example | Topics and Well Written Essays - 500 words

Demonstration entry - Essay ExampleDuring my presentation am going to talk about the history of animation, types, and demonstrate how they gage be designed using basic equipments. I will also elaborate on how angiotensin converting enzyme can benefit from the different animation designs.1. Based on historical dictionary of animation and study by Nichola Dobson, he mentioned that the invention of animation designs is attributed to Etienne Gaspard.This was first discovered in 1798 when he projected paltry images using Magic Lanteren.2. However the first animation graphic design to be produced to the public was in 1908. It was in the form of stop motion produced by a French film maker named grayback Cohls with title fantasmagorie = phantasmagoria4. During those days there were different types of animation designs. At this juncture I would social request all of you to be attentive as I mention some the designs. They include 2D 2D, 3D, stop motion, and Sculpture.A. Since last year , I have been using my hobby of designing animations to get some benefits. I started by drawing free animation designs in the youth magazine until I became a portion in animation

Wednesday, April 17, 2019

Representation of Racism in Gone With the Wind Essay

Representation of Racism in Gone With the turn over - Essay ExampleIt is from media that we learn how to dress, talk and exemplify appropriately. The impact media has on our lives is so enormous that it is incumbent to learn to understand the message its trying to portray, the right way. Media is also a means of combine cultural values in us. It pluss a persons power with respect to the culture and gives him an stop number hand in his culture (Douglas Kellner). Cultural studies have given a lot to the criticism of media and to increase knowledge about it. The University of Birmingham Centre for Contemporary Cultural Studies has built up a number of ways to carry out critical experi ments to collapse, interpret and criticize cultural pieces. by and by a series of struggles, the midway of focus of Birmingham Centre for Contemporary Cultural Studies is class, race, gender, sexuality, ethnicity, and nationality as represented by cultural media. They study the centre of media a nd how different groups interpret the media differently and what was the cause of the difference in their interpretations. Cultural studies have made it easier to analyze and inspect the whole culture without having prejudices beforehand regarding some other cultural medium. Studies being conducted about Hollywood movies of mid 20th century show how they ar more political rather than cultural (Douglas Kellner). A dumb blonde is one of the many common stereotypes. A blonde is by default assume to be dumb, as yet wildly attractive with a great body and she gets special treatment from men everywhere. This stereotype is highly offensive yet still holds true in almost all scenarios. The act of stereotyping is not a new one neither is the accusation of it being offensive and nor is the defensive mar that it is what the truth is. But the question is why is stereotyping an object of protest even though it is not all in all false and why is it different from other simplifications and cla ssifications (Judith Andre). Stereotyping refers to the firmness and the inability to change of an object (such as antimonial plates, from which the word stereotyping originates) being used metaphorically. Concerning modern era, the stereotype is taken to mean an easy oversimplified assumption, which a sealed group falls under without any change. Psychologists use this term to define an unyielding personality attribute in a person. Stereotyping does not take into account proofs that negate the stereotyping. Stereotypes are made because of the human judgings resistance in face of change. Color-blind racism was the type of racism which prevailed after the complaisant war. Colorblind racism is making one look like hes not racist yet his action says otherwise and having doubts about the blacks anyhow. This type of racism is based on a number of factors. After the civil war, whites had stopped discriminating the blacks directly and with their spoken language, but they strategically used deep meaning words to express their views to discriminate the blacks. Media also helped in projecting colorblind racism and there were some other junior-grade factors as well (Eduardo Bonilla-Silva). In the modern times, when whites talk about black with respect to their race, their words are marked with doubt. T

Applied Marketing Management Essay Example | Topics and Well Written Essays - 2000 words

Applied Marketing Management - try ExampleThe report discusses and analyse the overall brand management at mark & Spencer. This report starts with a brief history and Marks & Spencer and about Marks & Spencers brand and then extends further discussing its advertisement, brand equity, location etc. Main information is gathered through the internet and magazines and the analysis is also done with the tending of the above mentioned sources. In the end recommendation argon also given in the light of the discussions throughout the report.Marks & Spencer commonly known M & S is one of the top British retailer companies. It is class-conscious amongst the most prestigious chain of stores in the UK and is the largest clothing retailer in the UK by turnover. It also is a multi-billion pound food retailer. Most of its shops sell both of these categories. Marks & Spencer also has a third mathematical product line related to home w bes such as bed linen, but this is far smaller than the se parate two. For much of the 20th century M&S was regarded as the leading retailer in the unify Kingdom, and an icon of British business. ... In 1997 it became the first British retailer to make a profit onward tax of over 1 billion, though within a couple of years it plunged into a crisis from which it has not yet fully recovered. It is now less than one quarter of the size of the UKs largest and most profitable retailer, Tesco. In 2006, M&S has opened a Technology Department in each flagship Store (http//www.marks-and-spencer.co.uk). brand history of M&S In the late 1990s, The St Michael brand was discontinued in favour of Marks & Spencer.When Stuart Rose took over in 2004, he introduced a new promotional brand under the Your M&S banner, with a corresponding logo. This has now become the companys main brand in its advertising, online presence and in-store merchandising. The percipient font and modern colours of the new image are somewhat incongruous alongside the conventional M &S signage and associated fittings that still adorn the stores themselves. In fact the only thing they have in common is the use of M&S traditional green in the ampersand of the new logo. This may bet confusing at first, but the new look has been instrumental in the companys recent resurgence, particularly with the mastery of a new clothing hunt down featuring the legendary model, Twiggy, and younger models associated with the bohemian styles of 2005-6, and the TV ad campaign for their food range featuring Dervla Kirwan and the tagline This is not just food, this is M&S food.In 2006, look croupe the label slogans were introduced by M&S and have been extremely successful. Fair trade clothing and foodstuffs are rolled out by all stores and all coffee and tea served in store cafes are fair trade. Fishing is good for the environment also, so is the way that stores manufacture goods and recycle all of their bolt out

Tuesday, April 16, 2019

The Measure of a Man Essay Example for Free

The workforcesuration of a Man EssayFirst and foremost I think that its important for us to stop and reflect on what it truly means to be a man. With majority of our young men dropping into crime and violence, as well as dropping out of school, its important that we find how each and every one of us can make a difference in ever-changing this pattern in their minds. In one of Dr. pooves speeches he challenges the young men of our federation to rethink their under stick outing and definition on what it means to be a man. Dr. King stated that, The supreme measure of a man is not where he stands in moments of comfort and convenience but where he stands at times of challenge and controversy. In this statement it is implied but not expressed that the belief of man is not defined by your outward maleness, but by the development of your character on the inside.If everything in your life was perfect or if you wasnt being challenged then you would be a man. As the salient Dr. Kin g said, The true test is how you respond and react to the challenges in your own life, as well as the challenges that are around you on a day to day base. You can accept this challenge from Dr. King because he was not just a man of his word he also practiced what he preached. Dr. King not only devoted his life to this nation and the macrocosm, Dr. King ultimately gave his life because he wouldnt accept the suffering, inhumanity as well as the injustice that was around him. Dr. King was not just a man in his home he was a man in this nation, this nation, this world and his community.He tried to stop the suffering that he saw around him, he took a stand when he witnessed injustice, he spoke out while others remained silent in the mist of discrimination and segregation, and he offered his love when majority was consumed by hatred for black people. Today as we look upon the landscape of Gary Indiana, you entrust realize that you are faced with the same test that Dr. King passed.There is a crisis of violence that is great(p) the safety of every community. There are children who dont want to try to reach their honorable potential in school or in life. Dr. King deeply believed that your greatest and highest obligation is your gain to other people. Dr. King saw service as a testament of your religion. His challenge for you is that you must be committed in share others. As well as being committed in serving the youth of your community and others.

Monday, April 15, 2019

Early Childhood Curriculum Essay Example for Free

Early Childhood Curriculum EssayOne of the goals of preschool education is to improve childrens school success. Early puerility educators regard to enhance a childs developmental skills and experience. We be to arrive upon their ever growing indispensableness of curiosity and creativity. Without knowing what, why, and how to developmentally inform preschool children in an wee childhood environment get a lineers will not hire a great impact on the knowledge children will gain and retain in this environment. Children argon eager to carry and acquire new deportment changing skills. The text (2008) emphasizes the importance of a child-centered computer programme that encompasses the whole child- physical, amicable, emotional, seminal, and cognitive. Teachers practical knowledge of how and what to teach children is not taught in school. Teachers receive and understand the theoretical knowledge of children instruction but they atomic number 18 unable to immix the the ories with practical applications appropriate for young children. there be many another(prenominal) preschool classrooms with qualified teachers but they do not understand the steps needed to provide a curriculum that is age and developmentally appropriate.Most teachers grant the book knowledge but their hands on and one on one skills ar missing when it comes to implementing activities to stimulate and excite children in acquisition. Kostelnik states that, Teachers who lack adequate knowledge in any of these argonas ar hampered in their attempts to require developmentally appropriate programs for young children. The line of businesss are the fundamental components of early literacy and numeracy how children experience literacy and mathematical concepts in their constitute what teachers can do intentionally to support literacy and numeracy in all areas of the curriculum by means ofout the daylight.Teachers must know and understand a childs developmental needs and how to develop ship canal to meet these needs. Early childhood education recommends that programs utilize Developmentally Appropriate Practices. It is vital that young children lease a curriculum that provides larn goals and guidance for teachers to develop activities and interactions. The topic Association for the Education of immature Children authorize the Early Childhood Standards and Accreditation Performance Standards and Accreditation Performance Criteria in 2005. These standards guide programs in a variety of areas including the curriculum (pp.232-233). Children have change opportunities to be read books and to be read to in individualized ways. Children have activities that consent to them to become familiar with print. Children are given opportunities to recognize and write letters, words, and sentences as they are ready. Books are displayed and composing is encouraged in one or more areas of the classroom. Curriculum development should focus on promoting breeding an d development in the areas of social, emotional, physical, language, and cognitive growth (NAEYC Program Standards). There should be themes that are hands on and developmentally appropriate.Activities should include art, math, science, social, studies, reading, and creativity. Classroom s should be modify with laughter and excitement. Hands on learning should take place, stories should be told, and play encouraged. extend is childs work and when they enjoy what they are doing, then, they are more apt to learn, discover, and investigate their surroundings and environment. So how do we know that play is childs work? This question and many more are answered when we look at research and theories of education. Theories are the invertebrate foot for which teachers choose to teach from.Theories help guide teachers in understanding the reason why they set up their classrooms and for carrying out the lessons they teach children on a daily basis. Theories teach us that relationships are th e foundation for learning. We need to have relationship with the children we teach and with families of the children we provide a program for. Theories teach us that children learn through with(predicate) play and that they learn when they interact with their peers and their environment.There are many theories of learning to use to decide what geek of curricula to use Vygotskys Constructivist theory- puts the learner in the center and believes that teachers should provide experiences that link prior knowledge to what they are studying. The constructivist teacher organizes the classroom with childrens stages of development in mind. Children learn when they collaborate with others, discussion and talking somewhat the how and why of things. Piagets Four Stages of Cognitive Development- learning is viewed as active, constructive process in which students want organization and meaning in their worlds. Abraham Maslow foc employ on human potential and proposed that all persons strive to gain ground the highest within them. His theory also asserts that children learn best when their physical needs are met and they feel a sense of psychological safety and security. B. F. Skinner Behaviorist Theory emphasizes the roles of environmental conditions and overt behaviors in learning. Children learn through the effects of their own intentional responses. Consequences will determine whether a person will reverberate a particular behavior that led to the consequences.Our theorists teach us that as children play they are learning about themselves, other people, and the world. As the text (2008) states, learning and development in the early years are critical to the childs long term well-being. This theoretical base in early childhood education guides and provides a framework of understanding for how children learn. The text also states that, theoretically, there is widespread acceptance of the nous that play is of the essence(predicate)- that it is the serious business for the young child.Elkind reviewed a variety of theories that support the role of childrens play, including Montessori, Freud, Piaget, and Vygotsky. By taking these theories and putting them into perspective we provide ways to meet the residuums and developing needs that children have. For children to excel and have success in school we have to address all areas of their development. Research has shown us that it is during these times of play that a childs brain is affected. Connections are made as a child repeatedly does the same types of activities. If these connections are not made or used they will eventually disappear.Our text (2008) states that, Play is a time where children needs are met. Good play experiences unite and blend all aspects of development, reaping social, emotional, physical, intellectual, moral, creative, and pagan benefits for young children. As children engage in play in the early childhood classroom they are learning and growing developmentally. Age app ropriate activities are provided for them. Vanderwater says that, Play is simply shorthand for our capacity for curiosity, imagination, and head game our creative dispositions. In order for children benefit from play a curriculum is needed to meet their needs. It is important for young preschool children to have a curriculum that includes think environments and activities in the classroom, such as music and creative movement, dramatic play, singing, and creative art. Planned and unplanned spontaneous learning should take place e genuinelyday. We know that children are unique and different therefore they all learn differently. With this knowledge we have to teach the whole child. Thisincludes pedagogy social-emotional, physical, cognitive, and language development to preschoolers. Preschool curriculum models vary widely. nearly may detail exactly what to teach and how to teach it with step by step instructions. Others on the other hand leave room for teacher themes and input. then(prenominal) there are some that provide guidance in developing activities and interactions that are crucial to social development. When choosing curricula, programs need to take into ac take childrens ages, needs, behavior, language and cultural backgrounds.The National Association for the Education of Young Children (NAEYC) and the National Association of Early Childhood Specialist in State Departments of Education (NAECS/SDE) therefore can the following Curriculum is more than a collection of enjoyable activities. Curriculum is a complex idea containing multiple components such as goals, content, pedagogy, or instructional practices. Curriculum is influenced by many factors including societys values, content standards, account ability systems, research findings, community expectations, culture and language, and individual childrens characteristics. The early childhood (preschool) classroom has a need for a developmentally appropriate curriculum. Designing a curriculum gives teachers the prospect to come together and brainstorm on what is needed to meet the needs of individual children. Dodge states, When teachers build curriculum with each other and with the children and are willing to really listen to each other and to the childrens ideas, and really value them, there is a very different kind of relationship being realized and a climate of mutual trust is formed.She also shares that, the nature of this relationship between teachers and children and parents would be very different in our opinion, if the teachers plan were already written and all the planning spaces filled in, and all the outcomes predetermined and articulated ahead of time. Relationships again are the foundation that is needed in the early childhood classroom. Society has put a lot of pressure on early childhood programs to produce results. Kostelnik states that, kindergarten teachers report that one out of three children begin formal schooling lacking the basic experiences they need to succeed.Because of this, programs make decisions each day about the type of curriculum to use. They see the importance of early learning experiences that will build a firm foundation for learning and development later on in life. There are many types of curriculum in our society today. The two most commonly used in the Unites States according to Dodge are The Creative Curriculum and High/Scope. In addition to these many directors used a variety of models and resources to supplement their planning.These include the Project Approach, Reggio Emilia, Montessori, and what several called emergent curriculum. There is evidence that high quality early childhood programs can and do make a difference in childrens development. Children can develop the skills they need as they participate in child business concern and other early learning programs from birth to age eight. Kostelnik states that children need to know the fundamental components of early literacy and numeracy for literacy invo lves listening, viewing, speaking, writing, and reading.Some of the numeracy components are understanding number, how people represent number, the relations among numbers, and number systems, victimization mathematical tools, and recognizing, describing, and extending patterns. Literacy and numeracy can be displayed in the classroom when the dramatic play area has been transformed into a hairdressing shop. The children can create signs that say haircuts, shampoo, curlers, and perms. The children can also include prices on the signs. The children can move in and out of this area taking turns as customers, receptionist, haircutters, and cashiers.They will pretend cutting hair, giving permanents, making appointments, writing out receipts, using the play cash register, and making change. Literacy and numeracy is also seen in the block center as children make signs and count trucks, in the writing center as children write in their journals and in the art center as children draw and creat e pictures of their choice. Kostelnik tells us that, skilled teachers intentionally create opportunities for children to become engaged in varied literacy and numeracy experiences every day. Developmentally appropriate activities do not happenby chance, they have to be planned out. Children are looking for direction and opportunities to investigate. Teachers are being provided with training and professional development on how to teach, what to teach and why they need to follow a curriculum. As teachers gain the skills they need they begin to understand the developmental need s of children. They create opportunities for learning through play and they advocate for the needed changes in the system. As curriculum choices are being made and teachers are trained in how to implement the curriculum children are excelling.In an early childhood classroom teachers are better equipped and have a greater impact on what, why and how to teach children in a developmentally appropriate way. Referenc es Eliason, C. F. , Jenkins, L. (2008). A hard-nosed Guide to Early Childhood Curriculum (8th ed. ). New Jersey Pearson Education, Inc. Dodge, D. (2004). Early Childhood Curriculum Models Why, What and the How Programs physical exercise Them. Retrieved from the Exchange magazine. www. ChildCareExchange. com Kostelnik. M (2008). Academics in Early Childhood. Retrieved from the Exchange magazine. www. ChildCareExchange. com.National Association for the Education of Young Children (NAEYC) and the National Association of Early Childhood Specialists in State Departments of Education (NAECS/SDE). (2003). Joint position statement on early childhood curriculum, assessment, and program evaluation building an effective, accountable system in programs for children birth through age 8. Washington, DC NAEYC, p. 6 Vanderwater, E. A. , Rideoout, V. J. , Wartella, E. A. , Huang, X. , Lee, J. H. , Shim, M. S. (2007). Digital Childhood Electronic Media and Technology Use Among Infants, Toddlers and Preschoolers. Pediatrics 119(5) e1006-e1015 pic.

Sunday, April 14, 2019

The Simpsons Analysis Essay Example for Free

The Simpsons Analysis Es guessThe animated sitcom The Simpsons subverts our views about a nuclear family. Instead we learn by watching a dysfunctional family. We check off the ups and downs and brain of family life in various episodes and classifiable family situations.The Simpsons to several(prenominal) degree follow the conventions of a stereotypical sitcom. I will be analysing the episode baronet repels an F to support my thoughts. In this paragraph I will be referring to what a sitcom is, how it has changed throughout the years and why sitcoms ar so popular. A sitcom is a 22 minute long show, which presents the viewer with a world within the show. A sitcom also follows the communicative structure of orientation, torsion, solving, evaluation and re-orientation.The creators of The Simpsons satirize stereotypes to create mental capacity. In the fifties sitcoms, the families would get along, listen to each other, determine c be of each other and they would be smartl y dressed at all times. However, after(prenominal) the 1950s it all sympathizemed to change no-one would get along, they will al representations argue, the mother and father would always fight and they would do whatever they wished. Sitcoms be very popular as they provide us with entertainment including laughter, which helps people get away from their daily routine life. Sitcoms provide us with entertainment for all ages and typical family situations. I consider sitcoms are popular because they are humorous and give us an alternative to our lives.The nuclear family and the dysfunctional yellow-skinned, four-fingered Simpson family are shown through the hatchway of The Simpsons. We are firstly introduced to Bart, the most confrontational, funny, naughty and disrespectful kid in school. We see him in school however, this is dysfunctional as he is in detention writing on the get along with I will not teach others to fly. This shows us satirise as a normal nestling will not be tha t often in detention. The creator also changes the quotes of the writing to show that he is in detention all the time. Secondly, we are introduced to Homer the clumsy, dumb and often drunk father, who is at work.This is typical of a dad, solely then it is subverted when he is shown carelessly working in the power plant. Next is Marge, the sticky working, sensible, caring mother who is shopping and losing her child, Maggie. Maggie is the 3rd child, who is a dummy sucking 1-year-old. And finally, Lisa, the brainiest gifted child in the school. We see her playing an instrument in school. However she is playing her own tune. By watching the opening sequence we know that the situations that occur in the Simpsons are subverted. through and through the opening sequence we see some stereotypical behaviour as well as some subverted behaviour.In the episode Bart gets a F, we nates tell from the title who the episode is based on and a bit about the plot. Through the episode we get to see the orientation (the 1st shot and 1st character introduced), the complication (problem that arises), the resolution (how the complication is resolved), the evaluation (how the family come together) and the re-orientation (how it is back to the way it started). We firstly hear the voice of Bart and see the setting of the school, so we straightaway know it is based on Bart (orientation). The main plot is after failing a history test, Bart strikes a deal with Martin Prince to make Martin cool in call up for tutoring Bart, if Bart doesnt improve, he will be held back in his grade (complication).Bart successfully transforms Martin from the clever, caring, sensitive, high-quality boy into a rude, playful naughty and regular kid, bur Martin fails on his side of the bargain and Bart is at a time over once again in danger of failing. After an all-night study session, Bart still fails but he manages to affect Mrs. Krabappel with his grasp of history (resolution) and she gives him a D-minus . Homer is proud to hang this grade up on the fridge (evaluation). After the excitement, Bart kisses the teacher and then after realizes what he has done and starts to spit on the root word with disgust (re-orientation).In this episode we see both sides of a traditional family and a dysfunctional family. Expectations of characters are satirised. An font of this is the parents. We expect the parents to praise, support, care and teach their children. But in The Simpsons we see the parents encouraging their son not to study. They show that they learn no faith in Bart as they call him Dim. We see the kindred situations occurring to incompatible characters, for example the teacher. The expectation of the teacher is satirised as we expect teachers to be understanding, helpful, caring and faithful to their students. This is again satirised when the teacher quotes, I thought youd be used to failing. This shows us she has no faith in her pupil, Bart. In this episode of The Simpsons we s ee typical stereotyped situations satirised and changed according to characters and their beliefs.The Simpsons fulfils various stereotypes of a sitcom genre but generally subverts them. I will examine the extent to which they do this by referring to the episode Bart gets a F. The first situation that occurs is when the psychiatrist comes to talk to the parents about Barts grades. It is satirised as we see Homer not audition and not paying attention. They show this as they quote, bla bla bla bla bla bla bla.Another stereotypical situation that occurs is when the family sits down to eat dinner and father and son sit down to watch TV, but the stereotypical situation is satirised as Bart wants to study but Homer encourages him to watch TV with him. We wouldnt expect a father to act the way Homer does. Additionally we see the father putting his son to bed but this is then again is subverted as we hear Homer call his son Dim. We would not expect a father to say this to his child. As a r esult, we see stereotypical situations that are subverted.The Simpsons uses various comic devices to create humour. The also uses different comic forms. They would use parody, gags, comedy of the absurd and slapstick. A good way in which they create humour is by satirising situations where the way we expect people to act is changed. They also satirise stereotypes. In The Simpsons the audience can predict what is going to happen next. The audiences are interested in the Simpsons as it exaggerates the animation. The Simpsons have four fingers and they are yellow skinned. The characters of The Simpsons create humour by using repeated catch phrases, example Doh Dont have a cow man We find the various actions of the characters humorous, as they are well known for example Homer strangles Bart when he is frustrated. Overall, I believe The Simpsons are popular because of all the types of humour used during the episodes. This humour assemblings to a wide range of audiences.The Simpsons is a very popular and well-known sitcom. The appeal of the Simpsons is greatly due to the occurrence that it appeals to all types of people. People of all ages find humour in it because of the fact that the characters never grow older, the use of flashbacks and flashfowards, the variety of episodes and the characters always turn back to the way they started. A cogitate why we can tell it is a true sitcom is because they always have a complication that occurs which is later resolved. The Simpsons as a sitcom, is well known worldwide. It is broadcast in 100 countries. The influence of The Simpsons has created programs care South Park, Ren and Stimpy and Fresh Prince of Bel Air. The Simpsons are not a stereotypical family, they are dysfunctional and are satirized, and this is the main reason why they have remained so popular.

Saturday, April 13, 2019

Sculpture and Late Assyrian Palace Essay Example for Free

Sculpture and Late Assyrian Palace EssaySince the beginning of human imagination, we make water fabricated the base of power through imaginative zoologys for protection. The origin of this idea dates back before the death of Christ with bas fireman animals attached to gate w completelys. During the Assyrian Era, Lamassu guarded the gates of Sargon II in Bet-Nahrain.Lamassu is a Neo-Assyrian and/or Akkadian term utilize to de subscribeate a creature, combined of a winged lion or bull figure with a human head. As protective deities, it was a larger than life statue block that was placed on all side of a late Assyrian palace. It was usually depicted as a double-aspect figure, apparently possessing five reprinting legs when viewed from an oblique angle. This allowed for two simultaneous depictions. It appeared to be standing guard when viewed from the front. When viewed from the side, Lamassu appeared to be striding forward. The high relief creature was situated at adjacent si des of the gate at Khorsabad and served as a guardian to the King from all evil. Erected in 720 BC, its size is ten times as massive as humans. Each colossus was carven in the round from a single block of st unity, measuring up to 5.50 m2 in size. Initially carven roughly in the quarry, each statue-block was transported to its final location, where it would be set in place and be subjected to book carving.Lamassu was a characteristic of this late phase in the development of Assyrian art when mold was otherwise rare. Lamassu were powerfully evocative of strength, speed, and intelligence. It was considered by the Assyrians as a protective guardian of their houses, palaces, gateways, and cities. It also symbolized as a sign of Assyrian power which was displayed to foreign dignitaries and ambassadors. There is no historical evidence showing that Lamassu was worshipped as a god. Indeed, approximately of the sculptures were placed at gateways, palaces, underneath the houses, and not in the temples. Most of todays Assyrians have a sculpture of Lamassu in their house.Also many Assyrian organizations, magazines, TV programs, and Web sites use an image of Lamassu. However, present-day use of Lamassu is not for purpose of what their Assyrian ancestors used it it is used as a sign of linkage to and identification to their ancestors. Indeed, most Assyrians do not use the name of Lamassu they use Assyrian Guardian. However, thename of Lamassu does appear in Assyrian poems, especially poems written by Assyrian poets from the homeland and as a name for businesses.In the past two hundred years, there have been numerous archeological discoveries in Bet-Nahrain. One result of these discoveries has been to acquire some knowledge about the place of birth of civilization which was formed in Bet-Nahrain. This area of the world was dominated by different nations. Assyria was one of the most powerful and ambitious nations that dominated Bet-Nahrain for approximately 1200 years. Th e Assyrians also believed in many protective supernatural beings one of them is the human-headed winged bull which the Assyrians called it Lamassu.

Thursday, April 11, 2019

Company Law and Secretarial Practices Essay Example for Free

Comp all Law and Secretarial Pr routineices EssayIncorporation means the process of legitimately declaring a corporate entity as recite entity from its makeers. Incorporation has many advantages for a c fit and its owners, including Protects the owners assets against the conjunctions liabilities. Allows for easy transfer of ownership to a nonher scorety.Achieves a lower tax rate than on individualized income.Receives more lenient tax restrictions on blemish carry forwards. Can raise pileus finished the sale of the stock. Incorporation involves drafting a Memorandum of Association and an Articles of Association, which lists the primary adjudicate of the business and its location, along with the spot of sh atomic number 18s and class of stock being issued, if any. Incorporation leave behind also involve state-specific registration schooling and fees. Those procedures are lowtaken by a promoter who is a individual who starts up a business, particularly a corporati on, including the financing. The formation of a corporation starts with an idea.Pre-incorporation identification numberivities transform this idea into an actual corporation and the promoter is the individual who carries on these activities. Usually the promoter is the main shareholder or atomic number 53 of the management team and receives stock for his/her efforts in organization. Without incorporation, troupe Law stomach non stand by itself as integrity amended is criti chit-chaty meant to protect the shareholders as strong as the member of the union which is incorporated. As mentioned above, incorporation tends to protect the welfare of the business and its owners in various perspectives like intellectual property, taxation and capital shares. In different words, Company rectitude (or the law of business knowledges) is the field of law concerning companies.Furthermore, in that respect are various types of fraternity that can be form in different jurisdictions as shown in Malaysian Company actuate 1965 prick 14(2) which are a play along special(a) by guarantee. Commonly apply w present companies are formed for non-commercial purposes, such as clubs or charities. The members guarantee the compensationment of certain (usually nominal) amounts if the caller-up goes into insolvent liquidation, hardly they prevail no economic rights in relation to the phoner. a society limited by guarantee with a share capital. A crossing entity, usually apply where the go with is formed for non-commercial purposes, plainly the activities of the companionship are partly funded by investors who bide a return. a come with limited by shares.The most common form of caller commitd for business ventures. an unlimited union either with or without a share capital. This is a hybrid company, a company similar to its limited company (Ltd.) counterpart just where the members or shareholders do not usefulness from limited financial obligation should the com pany ever go into formal liquidation. Meanwhile, thither are thousands of company law nerves that showed that incorporation is the bedrock of formation of Company Law. As such, We held out a few exercises here which understandably indicated the importance of Company Law in determining the court instance related to incorporation. Salomon v A Salomon and Co Ltd 1897 AC 22Corporate cave in someonealitySalomon conducted his business as a repair trader. He sold it to a company incorporated for the purpose called A Salomon and Co Ltd. The only members were Mr Salomon, his wife, and their atomic number 23 children. Each member took one 1 share each. The company bought the business for 39,000. Mr Salomon shootd for 20,000 further shares. However, 10,000 was not paid by the company, which instead issued Salomon with series of debentures and gave him a floating charge on its assets. When the company failed the companys recipient contended that the floating charge should not be honour ed, and Salomon should be do responsible for the companys debts. Lord Halsbury LC verbalise it seems to me unworkable to dispute that once the company is profoundly incorporated it must be treated like any other independent psyche with its rights and liabilities appropriate to itself, and that the motives of those who took part in the promotion of the company are absolutely irrelevant in discussing what those rights and liabilities are.Hickman v Kent or Romney Marsh Sheep-Breeders AssociationOutsider rightsHickman was a member of the Kent or Romney Marsh Sheep-Breeders Association. He began a court follow up complaining of various atypicalities in the affairs of the association. article 49 of the Associations constitution stated that all disputes were to handled by arbitration. The question of whether a soulfulness who is not a member of the company has rights to sue on the statutory contract provide by what is now sharealisation 33 of the Companies make for 2006 was c onsidered . It was held that an outsider to whom rights are purportedly disposed(p) by the companys articles in his capacity as an outsider cannot sue in that capacity, whether he is also a member of the company or not. From this case comes the fundamental concept that a company has a sub judice personality or identity separate from its members. A company is thus a legal person.Macaura v Northern Assurance Co Ltd 1925 AC 619Members have no engagement in a companys propertyThe owner of a timber soil sold all the timber to a company which was owned almost solely by him. He was the companys largest creditor. He insured the timber against fire, but in his own name. After the timber was destroyed by fire the insurance company refused the claim.The House of Lords held that in regularise to have an insurable interest in property a person must have a legal or equitable interest in that property. The claim failed as the corporator even if he holds all the shares is not the corporation neither he nor any creditor of the company has any property legal or equitable in the assets of the corporation.In a nutshell, the order of incorporation which is embedded in constituent 16(5) On and from the date of incorporation specified in the certificate of incorporation but mental object to this Act the subscribers to the memorandum together with such other persons as whitethorn from term to time become members of the company shall be a body corporate bby the name contained in the memorandum capable right off of exercising all the functions of an incorporated company and of suing and being sued and having unadulterated succession and a common seal with superpower to hold land but with such liability on the part of the members to contribute to the assets of the company in the event of its being wound up as is provided by this Act clearly demonstrated that the foundation of Company Law is the company and that without incorporation and the human race of a separate corpor ate personality, there couldnt be a base for the formation of Company law and Companies Act.2. In practice, in no circumstances, is it possible to pierce the corporate veil amidst a parent and a auxiliary company. A company is an artificial person. Once it is incorporated, it comes into being and is a separate legal entity from its members and officers. The importance of the principle of separate legal entity was world-class established in the landmark case of Salomon v Salomon Co Ltd (1897).In this case, Mr Salomon was a sole-proprietor manufacturing boots. The business was successful. Mr Salomon incorporated a company and sold his business to the company in consideration for 20000 shares and debentures of 10000 issued in favour of Mr Salomon. Mr Salomon ended up holding 20001 of the 20007 shares issued. The other six shared were held by his wife and five children as nominees for Mr Salomon. Unfortunately, the company experienced financial obstruction and was wound up. An act ion was brought against Mr Salomon to indemnify the company for all the debts due to its unsecured creditors. The House of Lords held that even though the business was managed by the same persons and the same hands received the winningss, the company was not an agent or trustee for the members. Incorporation of the company created a separate person. The members were not liable in respect of the companys obligations.The same applies to parent and adjuvant companies. Both parent and subsidiary companies has their own separate legal entity. One example is the case of The Peoples indemnification Co (M) v The Peoples Insurance Co Ltd (1986). In this case, the plaintiff company, Peoples Insurance Co. (M) Sdn. Bhd. (PICMSB) was a subsidiary of the first suspects company, Peoples Insurance Co. Ltd. (PICL). On 12 January 1978, five theater film directors of PICMSM held a showdown.One of the directors was the Managing manager of the defendant (PICL), another one was General Manager a nd Director of the defendant (PICL), and another one was Executive Director of the defendant (PICL). During the opposition they get outed a stop that affected PICL. The defendant (PICL) denied any liability. The court held that i. The parent and subsidiary companies are two separate legal entities ii. Officers of the parent company who are on the Board of the subsidiary are not representatives of the parent company but sit at the Board Meeting as directors and agent of the subsidiary iii. A endurance of the Board of directors of the subsidiary does not bind the parent company. The annunciation did not constitute a contract between the parties.Thus, it is held that the principle of separate legal entity applies as well to related companies, including wholly owned subsidiaries. In Adams v Cape Industries PLC (1990), the main defendant was an English registered company presiding everywhere a group of companies whose business was in the mining (in South Africa), and marketing, of asbestos. The company had become the subject of a class action lawsuit in the United States, and the company tried to avoid bit the case in the American courts on jurisdictional grounds. The Plaintiffs obtained a taste against the English company in the American courts, but as Cape had no assets left in the U.S., they indeed sought to bring down the judgment against the principal company in the group in the English courts.The court tolerateed that the purpose of the corporate group structure set up by Cape Industries had been used specifically to ascertain that the legal liability of a particular subsidiary would fall only upon itself and not the parent company in England. The court refused to pierce the veil of incorporation to give the judgment creditor to enforce its judgment against the judgment debtors holding company. The court refused to treat both the subsidiary and holding companies as one single entity.However the legislature recognizes that there whitethorn arise c ircumstances when this principle of separate legal entity may lead to adverse positions, and thus have enacted statutory exceptions to lift the veil of incorporation under specified circumstances. Normally in new situations or circumstances, court decides on case by case basis to pierce the veil of incorporation. There are instances where the court held that the related companies do not have separate legal entities they are indeed one legal entity.In DHN Food Distributors Ltd v capital of the United Kingdom Borough of Tower Hamlets (1976), DHN carried on the business of operating a grocery on the property owned by one of its wholly owned subsidiaries. The property was compulsorily acquired by the authority which refused to pay compensation to DHN as it did not have any interest on the land. The English Court of Appeal held that the group operated as a single economic unit and thus DHN could recover the compensation due to them under law.In conclusion, in normal practice with no circ umstances, it is not possible to pierce the corporate veil between a parent and a subsidiary company as mentioned in The Peoples Insurance Co (M) v The Peoples Insurance Co Ltd (1986) and Adams v Cape Industries PLC (1990). Only when there arise circumstances can only the corporate veil of a parent and subsidiary company be pierced.3a. Joe and mike issue sufficient RM1 shares to Luke to raise his stake to 40% to allow them to defeat the resolution of their removal from the board. The action proposed by Joe and Mike is not allowed under atom 132D of Companies Act 1965. member 132D(1) of the Act reads, notwithstanding anything in a companys memorandum or articles, the directors shall not, without the foregoing approval of the company in general group meeting, exercise any power of the company to issue shares. Unless the power to issue shares has been vested in the members at a general meeting, the directors are not allowed to issue shares. Under this component part, the compan ys power to issue shares is not transferred from the directors to the members in general meeting. Rather, it imposes an obligation on the directors to obtain the approval of the companys shareholders in general meeting before exercising their power to issue shares.When an allotment of shares takes place by the company without compiling without any statutory procedure, it is an irregular allotment. Although it is necessary to obtain only an ordinary resolution for the issuance of new shares, section 132D (5) requires such resolution to be lodged with the Registrar of Companies (ROC). When the minimum subscription is not received, it is an irregular allotment and it is void. The directors are liable to pay both the company and also to the allotee. On the other hand, prior approval of the members is not essential if the shares issued are consideration or part consideration for the acquisition of shares or assets by the company. Section 132D (6A) provides that if the consideration for the shares in kind or partially in kind, it is sufficient for the directors to claim the members in writing at least(prenominal) 14 days before the shares are issued.The consequences for non compliance of section 132D are provided in section 132D (6) which reads, Any issue of shares made by a company in contravention of this section shall be void and consideration given for the shares shall be recoverable gibely. In fact, the directors are liable to compensate the company and the allottee for any loss, insurance or be which might spend as a result of the breach. According to section 132D (7), any director who knowingly contravenes, or permits or authorizes the contravention of, this section with respect to any issue of shares shall be liable to compensate the company and the person to whom the shares were issued for any loss, damages or costs which the company or that person may have keep up or incurred thereby. Thus, Joe and Mike shall be liable topay compensation to the com pany and Luke if any loss or cost incurred.However, the shareholders or creditor of the company may apply to the court for proof of the shares under section 63. If the court finds the issuance of shares is just and equitable, the court may order the validation of the shares which were not mightily issued. In the case of Kepala Sawit (Teluk Anson) Sdn Bhd v Yeoh Kim Leng Ors (1991), the court held that an act of the company which is irregular offers room for its regularization or validation by application of the just and equitable principles embodied in section 63. Nevertheless, it seems to be impossible for the court to validate the shares in the situation above if any appeal is made.Besides that, the intention of Joe and Mike to raise Lukes shares is to allow him to defeat the resolution of their removal from the board. Section 128 of the Companies Act 1965 provides for the removal of a director of a humankind company but no provision is made for the removal of a director of a private company. This is left to the companys article. Article 69 of Table A provides that the company may by ordinary resolution arrive at a director. Thus, if Singing Stars Sdn Bhds article has adopted Table A, then the procedure provided in Section 128 has to be followed. Also, depending on the companys article, either an ordinary or fussy resolution has to be passed in the meeting by the shareholders of the company.In business or commercial law, ordinary resolution is a resolution passed by the shareholders of a company mainly affirmed by not less than 50% of the members casting their votes, whereas special resolution is generally affirmed by not less than 75% of members casting their votes. Therefore, even if Lukes stake can be raised to 40%, he still cant defeat the resolution because a resolution is passed found on the voting cast by the majority in the meeting. Hence, Tony shall not annoyance about Joes and Mikes action in raising Lukes stake to 40% by issuing shares as its legality is bounded by section 132D of Companies Act 1965. Also, the removal of a director is allowed when a resolution is passed in the meeting. With only Joe, Mike and Luke to defeat the resolution, the resolution to remove them off as the directors can still be passed.3b. After this they will pass resolutions to remove Tony from the board andto stand in him with Luke.Directors are agents of the company and thus owe a fiduciary duty towards the company. Section 4(1) of the Companies Act 1965 provides that, director includes any person occupying the position of director of a corporation by whatever name called and includes a person in accordance with whose directions or instructions the directors of a corporation are accustomed to act and an alternate or substitute director. Section 4(1) states that a director includes a de facto director, a empennage director and an alternate or substitute director.Sections 122(1) and (1A) of the Companies Act 1965 provides that, every comp any shall have at least two directors, who each has his principal or only place of residence within Malaysia. Sections 122(2) of the Companies Act 1965 provides that, no person other than a natural person of beat age shall be a director of a company. This is clear that only a human being can be a director. Besides that, Section 122(2) imposes the minimum age of the director which is 18 years old. Thus, only a person who is 18 years old and above may be appoint as a director. Section 129 of the Companies Act 1965 provides that, notwithstanding anything in the memorandum or articles of the company no person of or over the age of seventy years shall be appointed or act as a director of a public company or of a subsidiary of a public company. A person who aged 70 years old and above can only be a director if the resolution appointing him as a director receives approval from at least 75% of the votes at the companys annual general meeting.The office of a Tony as a director may become v acant if he is disqualified pursuant to the Companies Act 1965 or the articles of association, resigned from the position, removed from the board of directors and retires by rotation.Articles of association of the company provides that the office of a director shall become vacant if the director (a)ceases to be a director by virtue of the Companies Act 1965 (b)becomes a bankrupt or makes any arrangement or composition with his creditors generally (c)is prohibited from being a director by reason of any order made under the Companies Act 1965 (d)becomes of unsound mind or a person whose person or estate is liable to be dealt with in any way under the law relating to metal deflect (e)resigns his office by know in writing to the company (f)for more than six months is absent without the consent of the directors from meetings of the directors held during that plosive speech sound (g) without the consent of the company in general meeting holds any other office of profit under the compa ny except that of managing director or manager (h)is directly or indirectly interested in any contract or proposed contract with the company and fails to declare the nature of his interest in a manner required by the Companies Act 1965.Tony will not be removed as he is not disqualified by the articles of association.The sufferance of a director may take effect on the date which the board receives the letter of resignation, the date stated in the letter or according to the articles of association. Section 122(6) of the Companies Act 1965 provides that, notwithstanding anything contained in this Act or in the memorandum or articles of a company or in any agreement with a company, a director of a company shall not resign or vacate his office if, by his resignation or vacation from office, the number of directors of the company is reduced downstairs the minimum number required by subsection (1) and any purported resignation or vacation of office in contravention of this section shall be deemed to be invalid. Tony does not take action to resign from a director.Tony will not be removed from the board. However, he may be removed from the board by an ordinary resolution. Section 128(1) of the Companies Act 1965 provides that, a public company may by ordinary resolution remove a director before the accomplishment of his period of office, notwithstanding anything in its memorandum or articles or in any agreement between it and him but where any director so removed was appointed to represent the interests of any particular class of shareholders or debenture holders the resolution to remove him shall not take effect until his successor has been appointed. A public company may remove a director by ordinary resolution before the expiration of his term of office.The resolution is passed if it garnered more than half of the votes casted. A director of a public company is not possible to be removed by other director as provided in Section 128(8) which reads that, a directo r of a public company shall not be removed by, or be required to vacate his office by reason of, any resolution request or notice of the directors or any of them notwithstanding anything in the articles or any agreement.Thus, Joe and Mike are not able to remove Tony from the board. To remove a director, a special notice of the resolution is required to serve to the company at least 28 days before the scheduled members meeting as stated in Section 128(2) of the Companies Act 1965, Notwithstanding anything to the contrary in the memorandum or articles of the company, special notice shall be required of any resolution to remove a director or to appoint some person in place of a director so removed at the meeting at which he is removed, and on receipt of notice of an intended resolution to remove a director the company shall forthwith send a copy thereof to the director concerned, and the director (whether or not he is a member of the company) shall be entitled to be heard on the resolu tion at the meeting. The special notice of ordinary resolutions is also called notice of intention is given by the members to the company at least 28 days before the scheduled meeting.Then the company must give at least 14 days notice to the members before the meeting is scheduled to be held. It is provided in Section 153 of the Companies Act 1965, where by this Act special notice is required of a resolution, the resolution shall not be efficacious unless notice of intention to move it has been given to the company not less than twentyeight days before the meeting at which it is moved, and the company shall give its members notice of any such resolution at the same time and in the same manner as it gives notice of the meeting or ,if that is not practicable, shall give them notice thereof, in any manner allowed by the articles, not less than quartetteen days before the meeting, but if after the notice of intention to move such a resolution has been given to a company, a meeting is called for a date twenty-eight days or less after the notice has been given, the notice, although not given to the company within the time required by this section, shall be deemed to be properly given.The board of directors may attempt to undermine the members proposal to remove a director, the board may call for the meeting to be scheduled less than 28 days from the receipts of the members notice. Section 153 of the Companies Act 1965 provides that the meeting is not invalidated if it is held less than 28 days after the notice was given by the members to the company. In Soliappan v Lim Yoke Fan 1968 2 MLJ 21, the mettlesome Court held that Section 128 was not mandatory. The power to remove directors under that section co-existed with any power contained in the articles of association. Therefore, 28 days notice is not necessary, the removal could be affected in accordance with the articles of association.However, on the facts the proper notice required under the articles of assoc iation had not been given either, so removed as director and consequently the plaintiff was not properly appointed as director of the company. If Tony is removed from the board, he may claim compensation or damages for the verge of his appointment as a director. Where the company has entered into a contract with Tony and the company breached it by removing him, then Tony has the rights to claim compensation. Section 128(7) of the Companies Act 1965 provides that, nothing in subsections (1) to (6) shall be taken as depriving a person removed thereunder of compensation or damages payable by him in respect of the termination of his appointment as director or of any appointment terminating with that as director or as derogating from any power to remove a director which may exist apart from this section.Tony who is appointed as a director is not required to retire unless the articles of association provides so. Upon retirement, the shareholders may re-elect the directors who have perfor med but not those who failed to perform up to expectations. In See Teow Chuan Anor v YAM Tunku Nadzaruddin Ibni Tuanku Jaafar Ors 2007 2 MLJ 212, the board of directors made a resolution that all executive directors must retire on attaining 55 years of age.The plaintiffs brought an action challenging the introduction of a new term into their existing contract that they should retire. The court held that the power to pass the resolution as to retirement of directors was a fiduciary power entrusted by the memorandum and articles of the Company. That power was used for a collateral or improper purpose, namely to remove the plaintiffs and was invalid. In conclusion, Joe and Mike are uneffective to remove Tony from the board and replace Tony with Luke. Tony will be removed from the board if he meets one of the events stated above.3c. As an added incentive the shares will be issued to Luke for RM0.60 each to allow for a tidy profit. The issue here is whether Joe and Mike can issue shar es to Luke at RM0.60 each to allow for Lukes support towards them. The issuance of shares below the nominal harbor of RM1.00 is called issuance of shares at a discount. At common law, the issuance of shares below the par value (at a discount) is prohibited because it constitutes a reduction of share capital without arrest by the High Court. Section 64 of the Companies Act 1965 requires a special resolution that authorizes the reduction of its share capital with the confirmation by the Court. Case Re Wragg Ltd.Facts A liquidator took up a court case want a declaration that certain shares in the company issued to two members and registered in their names as fully paid were not properly issued as fully paid up. The liquidator asked for an order that the two members pay the amounts unpaid thereon. Held The transaction was wholly legitimate. Lindley L.J. stated it is not law that persons cannot sell property to a limited company for fully paid-up shares and make a profit by the tr ansaction. We must not allow ourselves to be misled by talking of value. The value paid to the company is measured by the price at which the company agrees to buy what it thinks it worth it while to acquire. Whilst the transaction is unimpeached, this is the only value to be considered.However, there are two exceptions to the rule against issuing shares at a discount that are stated in Section 58 and 59 of Companies Act 1965. In occasions where the company enters into an underwriting agreement wherein the underwriter will subscribe the shares in the company if the shares are not taken, in return, the company agrees to pay the underwriter a fee. Section 58 of Companies Act 1965 recognises this commercial agreement provided that the payment of that commission is not more than 10% of the issued value of the shares and is authorized by the companys articles. Section 59(1) of the Companies Act 1965 states that the company can issue shares at a discount of a class already issued if (a)Th e discounted shares are authorized by ordinary resolution passed in general meeting of the company and is confirmed by Court order (b) The resolution specifies the maximum rate of discount at which the shares are to be issued (c) the company can only issue shares at a discount only after one year it is entitled to commence business and (d) the discounted shares must be issued within one month from courts confirmation or within elongated time as allowed by Court. According to section 59(4), the discounted shares must be offered to existing members of that class based on pro rata basis. Failure to do so, the company and every officer who is in default shall be guilty of an offence punishable with a fine of RM1000 and default penalty in accordance with section 59(7) of the Companies Act 1965. Case Ooregum Gold Mining Co of India v RoperFacts The market value of the 1 ordinary shares of the company was 2 shillings and 6 pence (2s 6d). The company issued preference shares of 1 each w ith 15s credited as paid, leaving a liability of only 5s a share. Held The holders of the discounted shares are liable to pay the full nominal value to the company.In common law, issuance of shares at a discount is prohibited but there are statutory exceptions under section 58 and 59 which enable the company to issue shares at a discount. In this case, Luke is not the underwriter of Singing Stars Sdn Bhd. Therefore, Joe and Mike cannot issues shares at a discount to him by virtue of section 58 of the Companies Act 1965. However Luke can be entitled to get the shares at a discount if the discounted shares are passed by a majority of members who are present and votes at the meeting and confirmed by the Court order, which specify the maximum rate of discounts are to be issued, commence its business after one year and issue the discounted shares issued within one month from courts confirmation or within extended time as allowed by Court, then Luke can be entitled to the discounted share s after the existing shareholders are offered the discount.Luke will not be getting the shares at a discount because the most of shareholders are not satisfied with Joe and Mike and wanted to vote them from the board. Hence, the majority of them will win and Luke will definitely not getting his shares at a discount. If Joe and Mike insist on issuing the shares at a discount to Luke, the holder of the shares (Luke) may be liable to pay the full nominal value of the shares as stated in the Ooregum principle. Besides, the directors (Joe and Mike) who are responsible for the unlawful issue may be held liable to the company for the discount allowed. In conclusion, Tony can sue Joe and Mike for breach of companies act and they will be held liable to company in respect of the discountallowed.From the above Tony and the other four shareholders can vote to reject the acceptance of payment by land from Luke for the shares. Joe and Mike do not have the power to accept the payment without the k nowledge of the members of the company. If the transaction is still done Section 132D(6) provides that the shares issued are void and the directors shall be liable to compensate the company and the person whom the shares were issued to for any loss, damages or costs which they may sustain as consequence of the breach.3d. Luke has suggested that the company might accept some land which he owns as payment for the shares. Section 67 (1) of the Companies Act prohibits a company from Financing the corrupt of its own or its holding companys shares Giving financial avail for the purpose of or in connection with the purchase of its own or its holding companys shares Dealing in or lending gold on its own sharesIn the case of Datuk Tan Leng Teck v Sarjana Sdn Bhd, the plaintiff entered into a contract to sell a piece of land to the 2nd defendant, Pasti Hasil Sdn Bhd for a piece of land at a price of RM15, 896,995. According to the agreement, RM1,000,000 of the purchase consideration will b e capitalized as paid-up capital for 1,000,000 shares in the SSB. PHSB had paid RM3,300,000 for the land to SSB and RM1,000,000 out of this payment had been considered as a payment for 1,000,000 shares in SSB. Thus, 1,000,000 shares had been allot to Pasti Hasil Sdn Bhd. The court held that financial assistance has been given to Pasti Hasil Sdn Bhd as the defendant agreed to treat a set of the sum owed by Pasti Hasil Sdn Bhd as payment for the shares. Section 67 (1) prohibits the company from giving financial assistance unless it is bona fide commercial transaction entered in ethical faith.As Pasti Hasil Sdn Bhd had not paid anything for the shares the share capital of the defendant had reduced. In the case of Belmont Finance Corporation Ltd v Williams Furniture Ltd (No 2), Belmonts directors paid 500,000 of Belmonts money under a scheme to help a company called Maximum ( which was owned and controlled by a Mr. Grosscurth) to buy shares of Belmont. Goff LJ held that the agreement was unlawful and the payment was made by Belmont for an illegal purpose, namely to facilitate the purchase by Grosscurth and his associates of Belmonts shares.Lord Denning in Wallersteiner v Moir (1974) propounded the following test You look to the companys money and see what has become of in. You look to the companys shares and see into whose hands they have got. You will then see if the companys money has been used to finance the purchase.Thus for this case if the company accepts Lukes land as payment for the shares, it is not a bona fide commercial transaction entered in good faith and is prohibited by section 67(1). Thisi s because the land serves no specific purpose to the company and future benefits will not flow to the company through this entity. This means that the land is of no use to the company at the time of purchase which shows that it is not a bona fide commercial transaction. Furthermore this also shows that the companys money paid to Luke for the land will be used to purchase its shares. If Joe and Mike accept this transaction, they will be guilty under section 67(3) of the Companies Act and section 67(4) provides that officers who are guilty are liable to compensate the company or any person who has suffered losses or damage as a result of the prohibited transaction.REFERENCES1) http//www.scribd.com/doc/64780622/1/S128-1-Companies-Act-1965 2) http//www.ssm.com.my/files/clrc/consultation_documents/cd2.pdf 3) Chan Wai Meng (2012) . Company Law in Malaysia Cengage Learning.