Friday, January 24, 2020
Racial Propaganda In The Third :: essays research papers fc
Racial Propaganda during the Third Reich à à à à à One of the most central ideals in Nazi ideology was that of a continual attack against other races deemed inferior by Adolf, more specifically Jews. Racial minorities were used as scapegoats with which the Nazis blamed for what was wrong with the country on. In the speeches to the masses at Nazi rallies, they would start off by bringing up all the problems that they have been having, the depression, the Versailles Treaty, and any other hardship that they had experienced, and make the Jews the architect behind their ruin. The speakers would focus all their anger on the Jewish people and other minorities. Hate and anger seem to be key points in Nazi ideology. To sustain the kind of anger the Nazis needed to sway the masses over to their side, they needed a common enemy, somebody or something that could be seen everyday. Jews were portrayed as extremists and revolutionaries. They were supposedly different from the average moderate Germans, and even more different than the Nazis. People like Hitler, Goebbels, and Julius Streicher played on this ignorance of other people to instill fear and loathing of the Jews. In general, people donââ¬â¢t like what they donââ¬â¢t understand. The Nazis exploited this truism by warping, retarding, and creating supposed grievances that the Jews were responsible. During the rallies, the speakers would rant and rave about how they would exact ââ¬Å"vengeance against their eternal enemy, the Jewâ⬠(1), and how that ââ¬Å"Europe will have defeated this threat only when the last Jew has left our part of the planetâ⬠(1). Hitler himself at the outbreak of ââ¬Å"The German people will not be destroyed in this war, rather the Jewâ⬠(1). The Nazi leaders would spout out so-called scientific evidence that the only way to ensure the survival of the Aryan race is that of racial purity. Over and over through their speeches and pamphlets, they emphasized that: ââ¬Å"The decline of a peopleââ¬â¢s culture is always the result of race mixing and a decline in racial quality. Any change in the racial makeup of a people leads to a change in its nature and its culture. If the race that gave a people its nature is debased by mixing with foreign and inferior races, the peopleââ¬â¢s culture will perish and can never again be restored to full life.â⬠(1) à à à à à The Nazis advocated a homogenous society where only the Aryan and Nordic races would exist, while driving out all the other ââ¬Å"inferiorâ⬠races to protect the purity of the races, even at the cost of genocide towards the Jews.
Wednesday, January 15, 2020
How Do Hindus View Suffering? Essay
Hinduism is an ancient religion and is a mixture of several different faiths. The religion includes the beliefs of the early inhabitants together with the beliefs of others from around the last three thousand years. Due to the diversities in the religion, it may seem that a number of Hindus may appear to be followers of a different religion ââ¬â this is not so. The differing of beliefs can be seen in the view of suffering. It is one of the most vital concepts in Hindu philosophy. Suffering is ââ¬Å"to undergo or be subjected to pain.â⬠1 Pain does not just mean physical torture. It could mean anything from struggling to make ends meet, to being mentally unstable. Suffering may be internal, like physical pain, or external, resulting from the environment around. The three major religions that is Christianity, Judaism, Islam (known as the religions of the book) have their own teaching on what it means to suffer. The idea of suffering in the Christian tradition is particularly c onventional. The Old Testament book of Job depicts a righteous man who loses everything that he has, and in turn has inflicted upon him diseases. The view of suffering is found in the characters Zophar, Bildad, Eliphaz, who believe that the main reason Job is suffering in such a gruesome way is because of his actions. Job may have appeared to be a righteous man on the outside, but beneath, Job could have been a man whose heart was not fully pure, and therefore was being punished by God. Here the conventional Christian attitude is that suffering is a result of ones own actions. In The New Testament the belief is that suffering may not have been brought upon by the individual but by their parents or others around them. In Hinduism the attitude towards suffering is varied. An overall approach can be found in the four noble truths. Even though it is from the religion of the Buddhist, I feel that it can be applied to any religion that has to discuss the issue of suffering. The four noble truths are: ââ¬â suffering exists. ââ¬â there is a cause of suffering. ââ¬â suffering can be stopped. ââ¬â there is a way, the nob le eight-fold path. It is from this statement that I will base this assignment. It does not take much for one to realise what the world today is full of. Around us there is strife, consistent bloodshed, poverty, and millions of people in prolonged torment. ââ¬Å"The universe is a chain of killing and being killed, of devouring and of being devoured. The whole (world) is just food and the eater of food.â⬠2 When one stops to reflect on the situation, it is obvious that suffering in the world does exists ââ¬â it is inevitable, the reason being , it is due to man and his greed. Suffering in the Hindu world can be seen within the caste system. In the Hindu tradition, its members are divide into for groups or castes. First is the Brahmans. They are considered to be the priestly or intellectual caste. Second are the Kshatriyas. They are referred to as the warrior and ruling caste. Third are the Vaisya. They are known as the commercial and agricultural caste. Fourth are the Sudras. They are understood to be the caste who labour. Suffering may not be experienced by the first three castes, but is experienced in the remaining caste. Such suffering includes not only physical and mental suffering, but, â⬠legal, social, and religious disabilities.â⬠3 The Hindus attitude towards the caste system, is that it represents the life a person lived in the past. This then leads us to discuss the belief in Karma (this will be discussed below). So whatever caste a person is born into, whether it be the priestly or even the labourers, it is no one elseââ¬â¢s fault but the individuals. If one finds themselves within the lower castes they then know that the former life lived was not worthy, and so now faces the consequences, together with being given the chance to change. ââ¬Å"It emphatically lays down that an individualââ¬â¢s rise or fall is the social scale in the next life depends entirely on the good or bad deeds which he performs in the present life.â⬠4 On this point the majority of all Hindus agree that suffering is inescapable in this world. When considering the first noble truth it is here that we find differing theories. One view is suffering can be seen as an illusion. ââ¬Å"Like all empirical phenomena, like empirical existence itself, suffering is an illusion, a mirage.â⬠5 Such a belief is accepted by the Upanishads. Suffering depicted in the scripture is not a real experience, it is unreal. It is unreal in the sense that although the physical body is affected the inner self is not. ââ¬Å"The body may suffer but that the self which pervades it is not affected.â⬠6 Suffering is seen then by the scripture as an illusion, it is not an actual experience. Then again it must be impossible to say that something is not there if one can actual feel and respond to it. The Upanishads realise that once a person is born into the world, they are automatically placed in an environment in which evil and suffering exists. Therefore because of all the influences surrounding them, the body will then gradually take on the forms of the world. Man becomes corrupt as he focuses on looking out for himself. The god Brahman is to be connected with the idea of suffering as an illusion. Everything that happens within this world is said to be the manifestation of Brahman. ââ¬Å"I am the body, his mental attitude. I am the Brahman.â⬠7 Man is not the owner of his body, everything from his outer being to the inner being is that of Brahman. If Brahman is then the controller of a person from the inward out, then whatever problems an individual is faced with should not really affect them. This is because it is the owner of the body, not them that has to deal with the problem, but Brahman. If one looks at the relationship between the Hindu and Brahman, it is possible to understand why suffering should be seen as an illusion, because really the person being affected is Brahman. The individual may feel that it is them that has to cope with the misfortunes that come to them. If they accept the fact that it is Brahman who is overseer of the body then there is no need to be aggrieved. On the other hand if they do not recognise that fact then of cause the suffering they are experiencing will be as ââ¬Å"real as do the objects of the world.â⬠8 ââ¬Å"Suffering therefore, is only a problem so long as it appears to be a final and inescapable truth. But when it is realised that the self is not bound forever to the transient world of suffering, but rather that it is Brahman, then suffering can no longer occur.â⬠9 If one was then to ask a Hindu the question ââ¬Ëdoes suffering exist?ââ¬â¢ the answer most likely to be heard is no ââ¬â suffering is only a ââ¬Ëfragment of the imagination.ââ¬â¢ Just as there were varying views on whether suffering exists or not, there is also differing views as to what causes suffering. Like all other religions, some Hindus believe that the cause of suffering is the result of oneââ¬â¢s actions known as karma. The Hindus attitude towards suffering is to be found in the doctrine of karma. If one can understand this doctrine clearly, then so to, the theme of suffering can be clearly understood. The doctrine basically states that every action of an individual will no doubt produce some results whether it be good or bad. The consequences of the actions will determine the life of an individual. For the individual to experience the results of his actions, another life experience is needed ââ¬â hence the doctrine of reincarnation. The two doctrines can not be separated, it is impossible to talk of one without the other. In Christianity this doctrine is known as retribution. The actions committed in the past life can be depicted in the life t he individual leads in the next. ââ¬Å"His past acts, for instance, determine the kind of body which he assumes, the family, society, and position in which he may be born.â⬠10 For example if the actions of a past life was moral, then the following life would be a life of satisfaction. If on the other hand the actions were unjust, then, the individual would encounter a new life of hardship. Every action that an individual performs has a direct result or even a consequence. ââ¬Å"An individualââ¬â¢s present position and suffering are a consequence of his own actions.â⬠11 The basis for such a view is held in the Hindu belief in reincarnation. After death the soul is reborn in another form of life. The aim of reincarnation is to enable the individual to reach perfection so that they can be one with God. Such a cycle of birth, life, death and rebirth is known as samsara. If providing the past life of an individual was good then their soul would then automatically be with the Divine. If on the other hand the past life was bad then a chance is given to the individual to make up for the bad deeds done in their last life. Death then is viewed by the Hindus as something which is to be looked forward to ââ¬â it is a step towards a new life in which one is given the chance to change. If oneââ¬â¢s present life is full of nothing but suffering then in the next, life will be a vast improvement. Suffering in one life may then lead to an improved life. Suffering is then brought upon a person if they have done something in their life that has been corrupt. If one is to go around doing bad deeds, then the bad deeds will eventually take its toll on them, hence the suffering. Another cause for suffering is due to ones lack of faith and lack of devotion to the Divine. ââ¬Å"The cause of the problem of suffering focuses on three characteristic fallings in the human condition, namely greed (labha), ignorance (avidya), and indifference (pramada).â⬠12 The individual loses sight of the relationship held between Brahman, and instead possesses the desire for the tangible things of the world. It is as soon as the individual follows their mind and not their heart, does the experience of suffering take place. ââ¬Å"Suffering arises only when one attaches himself to limited or transient objects as though they are permanent.â⬠13 If one keeps their eyes focused on the Divine then everything will be more than satisfactory, but on the other hand if the eyes stray then the consequence will ultimately be suffering. Together with Christianity, Hindus view suffering in a positive note, that is, suffering can help strengthen the individual in their faith. In their time of need one would turn to the divine to find comfort and reassurance that everything wi ll be right in the end. Suffering is then seen as an experience that reinforce oneââ¬â¢s faith. Another advantage of suffering is that it maybe an indication of better things to come in life. An individual can not expect to pass through life without having to come across difficulties, life would be ââ¬Ëboringââ¬â¢ so to speak. Suffering in oneââ¬â¢s life may lead to a better life in the next and so suffering should be appreciated. ââ¬Å"Suffering is an experience, a part of the universe of being. It may be beneficial particularly if it is the foundation of better things.â⬠14 There is a way out of suffering. Suffering is an experience which can easily be removed. ââ¬Å"The Hindu view is that suffering is inevitable in this world and that the only way to deal with it is in fact to reject the world and seek release from it.â⬠15 The solutions to suffering can be found in the doctrine of moksha. It is the doctrine where on can seek either liberation or release from the world fraught with corruption. The first way in which release can be brought about is by devoting oneself wholly to Brahman. This involves not only prayer but worship. Time needs to be taken out to focus on the almighty. Another way is through the way of action. This again brings to remembrance the doctrine of karma. By doing good deed the self becomes pure. By doing bad deeds then the self becomes corrupt. The final solution is said to be through yoga. It is through this physical exercise does one become united with Brahman. As discussed previously, one of the causes for suffering was due to manââ¬â¢s indulgence towards the material substances of the world. So if man disregards his lust for the world, then suffering itself will not be experienced. Man needs to be completely detached from the substances of the world and instead need to attach himself to the divine in order to prevent the occurrence of suffering. An additional way to solve the problem is if one is to take suffering as an illusion. ââ¬Å"The way to alleviate suffering is precisely to realise indeed that it is nothing, at most it is a mere manifestation.â⬠16 To conclude suffering in the religion is viewed in many terms. In my personal view suffering is part of life. Life would not be life if there was no such thing as suffering. I am not saying that suffering is nothing of importance, it is, when one is brought into a world surrounded by suffering, it becomes part of life, one has to learn to cope with it. In order to apprehend the concept in detail, one has to have an in-depth understanding of the various doctrines discussed above. It can be argued whether suffering exists or not, but what is clear is whatever the decision there is a way in which to prevent suffering. Essentially it is committing the mind body and soul to God. By doing this then the life being lived will no doubt be free from distress. Bibliography -Benjamin Walker, ââ¬Å"Hindu Worldâ⬠, London vol. 2, 1968. -John Brockington, ââ¬Å"Hinduism and Christianityâ⬠, Macmillan, 1992 -Arun Shourie, ââ¬Å"Hinduism: Essence and Consequenceâ⬠, Vikas New Delhi, 1970 -A.L Herman, ââ¬Å"A Brief Introduction to Hinduismâ⬠, Oxford 1991 -J Bowker, ââ¬Å"Problems of Suffering in Religions of the Worldâ⬠, London, 1975 -Richard Lannoy, ââ¬Å"The Speaking Treeâ⬠, Oxford, 1971 -K.W Morgan, ââ¬Å"The Religions of the Hindu Worldâ⬠, New York Press, 1954 -K.N Tiwari, ââ¬Å"Suffering: Indian Perspectivesâ⬠, Motilal Barnarsidass Delhi, 1986 1 Concise Oxford Dictionary 2 Problems of Suffering in Religions of the World page 200 3 The Religions of the Hindus page 145 4 The Religions of the Hindus page 147-148 5 Hinduism: Essence and Consequence page 153 6 Problems of Suffering in Religions of the World page 216 7 Hinduism: Essence and Consequence page 154 8 Problems of Suffering in Religions of the World page 216 9 Problems of Suffering in Religions of the World page 214 10 The Religions of the Hindus page 128 11 Hinduism and Christianity page 119 12 A Brief Introduction to Hinduism page 31 13 Problems of Suffering in Religions of the World page 214 14Problems of Suffering in Religions of the World page 207 15 Hinduism and Christianity page 133 16 Hinduism: Essence and Consequence page 153
Tuesday, January 7, 2020
Business Law - 1361 Words
Qn 1: Whether James can hold the Happy Holiday Hotel for the loss of his property under the common law? The issue of this case will be whether James can hold Happy Holiday Hotel responsible for the loss of his property notwithstanding the exemption clause found in the hotel rooms. Under the Exemption Clauses in Common Law, it states that in order for this clause to be valid, the clause must be included in the contract when the contract is made. If there is any attempt to include it in after the contract has been made, the clause will be deemed as not valid. Based on The Exemption Clauses in Common Law, although the hotel have displayed many signs stating that ââ¬Å"Management will not be responsible for any valuables lost if these are notâ⬠¦show more contentâ⬠¦In this case of James, he had explained to the salesman the exact requirements he needed for his laptop. Knowing that James is not an especially technically proficient person, the salesman had misled James to purchase a much older version of laptop and charging him at an overcharged price. In this case, James had been deceived and misled to make the purchase of the older version laptop under the false claim of the salesman. Under section 5, paragraph 3 of the Consumer Protection (Fair Trading) Act, James may take legal action against the supplier and if the court find that the supplier indeed engage in unfair practice, the court may order the salesman to refund the money that James have paid. Referencing to a case from Consumers Association of Singapore (CASE) (Case #3). The customer Ms Mary had bought an automatic watch from a sale. She later found out that the watch had stopped working, even after tuning the watch, the hands of the watch did not move. She had brought the watch back to the shop for repair and to her surprise she found out that it was actually a quartz watch. The sales person has misrepresented the watch specification to Ms Mary which she had specifically wanted an automatic watch to both sales person andShow MoreRelatedBusiness Law And Ethics : Backoffice Business Brief1862 Words à |à 8 Pages Running head: BACKOFFICE BUSINESS BRIEF 1 Business Law and Ethics BackOffice Business Brief Patten University BACKOFFICE BUSINESS BRIEF 2 Constitutional Rights and Guarantees BackOffice is a new startup business that will provide potential clients with an application (app) that woul d automate certain business functions. BackOffice will be selling the app to certain business clients that will use it to facilitate their customersââ¬â¢ transactions. It is important that the owner of this companyRead MoreLegal Underpinnings of Business Law Essay609 Words à |à 3 PagesLegal Underpinnings of Business Law OMM 670: Legal Environment February 25, 2013 Legal Underpinnings of Business Law Business | Type of Business | Liability Exposure | Compare | Contrast | Tinkerââ¬â¢s Home Security Service | Sole proprietorship | Unlimited | Monetary rewards are from both the Proprietor amp; business | Sole Liability | Tinker amp; Tailorââ¬â¢s Home Security Service | General partnership | Unlimited | All partners are responsible whether silent or active | If you areRead MoreLaw 531 Business Forms Worksheet1386 Words à |à 6 Pagesï » ¿University of Phoenix Material Business Forms Worksheet There are seven forms of business: sole proprietorship, partnership, limited liability partnership, limited liability company (including the single member LLC), S Corporation, Franchise, and Corporation. 1. 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No, because if a secured not for a lesser amount is given andRead MoreBusiness Law2474 Words à |à 10 Pagesnature of liability in negligence amp; (3.3) Explain how a business can be vicariously liable 4 (4.1) Apply the elements of the tort of negligence and defences in the above different business situations for the legal officer who is assigned to VJSC amp; (4.2) Apply the elements of vicarious liability in above different business situations for the legal officer who is assigned to VJSC 8 Conclusion 11 References 12 Introduction Law plays important roles to protect benefits, obligations and
Monday, December 30, 2019
Marketing Plan of Lux - 2484 Words
LUX 1. Introduction * Description of the product Everything about the brand ââ¬â from the look and feel of the products and packaging to the subtle fragrances ââ¬â is a delight to the senses. In fact, Lux has been making waves since 1924, when it launched the worlds first mass-market beauty soap at a fraction of the cost of some expensive brands. How it all started * Lux was first introduced as a toilet soap in 1925. Produced by Lever Brothers, it arrived in the UK in 1928, offering people a chance to pamper themselves for a modest price. * From the 1930s right through to the 1970s, Lux soap colours and packaging were altered several times to reflect fashion trends. * In 1958 five colours made up the range: pink, white,â⬠¦show more contentâ⬠¦Continuous commitment Were also committed to continuously improving the way we manage our environmental impacts and are working towards our longer-term goal of developing a sustainable business. Setting out our aspirations Our corporate purpose sets out our aspirations in running our business. Itââ¬â¢s underpinned by our code of business Principles which describes the operational standards that everyone at Unilever follows, wherever they are in the world. The code also supports our approach to governance and corporate responsibility. Working with others We want to work with suppliers who have values similar to our own and work to the same standards we do. Our Business partner code, aligned to our own Code of business principles, comprises ten principles covering business integrity and responsibilities relating to employees, consumers and the environment. * The industry Unilever is an FMCG industry. FMCG industry, alternatively called as CPG (Consumer packaged goods) industry primarily deals with the production, distribution and marketing of consumer packaged goods. 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Once that is established, the second main goal is to come up with creative ways to sell customers products. Marketing is all about searching for a purpose of a product and figuring out how to best brand a product for maximum profits. This can be done in many forms. Although, the most common way of persuading a client would be through verbally presenting your thoughts through a conversationRead MoreImpact of Celebrity Endorsement with Non-Celebrity Endorsement8007 Words à |à 33 Pagesshould be an idea that makes the celebrity relevant to the product and the consumer. A celebrity s presence in the ad should be contextual. Therefore this shows that using a celebrity endorsement cannot guarantee fool-proof success and important marketing strategies has to be implemented before using them. So it is important that we analyze the impact of celebrity endorsing a product with a non-celebrity endorsing the same product. 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Sunday, December 22, 2019
Aging Workforce in Singapore - 2339 Words
Overview of Aging Population in Singapore Populations in many developed countries are ageing, and Singapore is no exception. The first batch of post-war baby boomers will reach 65 years of age by 2012. The number of seniors will increase from 8.4% in 2005 to 18.7% in 2030 (refer to Table 1). According to the 2010 Population Report, The proportion of residents (i.e. citizens and PRs) aged 65 and above increased from 7.0% of the resident population in 1999 to 8.8% in 2009. Correspondingly, the number of younger residents aged 15-64 for every resident aged 65 and above (i.e. the old-age support ratio) fell from 10.1 in 1999 to 8.3 in 2009 (refer to Table 2). (Singapore Department of Statistics, 2010, p. 4) Today, one out of every 12â⬠¦show more contentâ⬠¦Solutions It is time for employers to start responding to the potential consequences of the ageing workforce on their businesses. If not well-prepared, employers may find themselves suddenly faced with labour loss, experience and expertise that will be difficult to offset, given the relatively small pool of new employees. With many companies facing the same problem, competition for new talents is likely to surface. A) Hotels can have interviews to know which areas older employees would prefer to work in and the languages they can speak. With the information gathered, hotels will be able to know their strengths and weaknesses which help to determine where to allocate each individual. With the proper job assignment, hotels will be able to maintain a good image, by reassigning the older employees with language barriers to the backhouse such as room attendant. This allows them to be in their comfort zone and after getting used to their task, the productivity will be maximized in both the frontline and backhouse. B) In order to keep older employees engaged and motivated, it is vital for the HR department to maintain constant communication with the older employees and understand any problems, issues and concerns that they are encountering. By treating their employees like familyShow MoreRelatedAging Workforce in Singapore2328 Words à |à 10 PagesOverview of Aging Population in Singapore Populations in many developed countries are ageing, and Singapore is no exception. The first batch of post-war baby boomers will reach 65 years of age by 2012. The number of seniors will increase from 8.4% in 2005 to 18.7% in 2030 (refer to Table 1). According to the 2010 Population Report, The proportion of residents (i.e. citizens and PRs) aged 65 and above increased from 7.0% of the resident population in 1999 to 8.8% in 2009. Correspondingly, theRead MoreSingapores Rapid Economic Development Essay1018 Words à |à 5 PagesDEVELOPMENT 4.1 AGING POPULATION Local and foreign labour are deemed essential to Singaporeââ¬â¢s workforce in order to sustain competitiveness in economic development. However long standing past policy implication and current policy taken by the Government to spur economic development, could be argued to affect the labour market and SMEs in the long run. The past and current policies that might inflicted negative impact to labour market and SMEs are elaborated as follow: 1) Curbing Singapore growing populationRead MoreThe Population Of Singapore Is A Multicultural Country Essay1164 Words à |à 5 Pagespopulation of Singapore has been increasing year over year resulting in 5.54million at the end of June, 2015. Since it is a multicultural country, the population can be distinguished into two major types - residents and non-residents. 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Saturday, December 14, 2019
Sociology Unit G671 Free Essays
* Complicit masculinity ââ¬â the ââ¬Ënew manââ¬â¢ that is willing to cook tea, pick up the children from school and put the washing on. * Subordinate masculinity ââ¬â the ââ¬Ëgay manââ¬â¢ * Marginalised masculinity ââ¬â the hegemonic man today. Associated with the working class, as this group of males canââ¬â¢t get the typical jobs, mining etc due to loss of industry so they canââ¬â¢t fulfil their ââ¬Ëdestinyââ¬â¢ Firstly, the family socialises masculinity in a number of ways. We will write a custom essay sample on Sociology Unit G671 or any similar topic only for you Order Now A study by Ann Oakley argues that gender socialisation takes place in 4 ways: Manipulation ââ¬â Parents encourage behaviour, which is seen as normal for the childââ¬â¢s gender and discourage what is seen as deviant for example, boys are encouraged from an early age to take part in playing football and discouraged from taking part in ballet lessons. * Canalisation ââ¬â this involves channelling the childââ¬â¢s interests to toys and activities seen as normal for his or her sex. An example of this is boys playing with toy cars and ââ¬Ëaction menââ¬â¢ Verbal appellation ââ¬â the names that children are called which teaches gender appropriate behaviour for example, ââ¬Å"big boys donââ¬â¢t cryâ⬠and the tone of voice used. * Different activities ââ¬â children are encouraged to involve themselves in different activities for example, boys playing together to make a camp. Although Ann Oakley did her research 30 years ago and is considered out of date, a more recent study by Joanna Smith (1997) reinforces Oakleyââ¬â¢s points. Feature Article ââ¬âà Sociology Test A recent study also said that the family is stereotypically gendered to males, breadwinners and females, caring roles. (Charles 2002) This shows that boys can learn these roles from looking at their fatherââ¬â¢s behaviour. Secondly media plays a role in influencing masculinity. There are a range of different Medias, we can actively choose what we watch on the television and what magazines we read, however, to a degree, it is all around us. The adverts that are on How to cite Sociology Unit G671, Essay examples
Friday, December 6, 2019
Lending Money and Securing Loans free essay sample
Money and Securing Loans A company can finance its activities by selling shares or by raising money from banks or other money-lending institutions. If the company is granted a loan, the lender may become a debenture-holder. A debenture has never been satisfactorily defined. In Levy v. Abercorris Slate and Slab Co. (1883) 37 Ch D 260, Chitty J said ââ¬Å"In my opinion a debenture means a document which either creates a debt or acknowledges it, and any document which fulfils either of these conditions is a debenture. Shareholders are members of the company and their rights have been described elsewhere in this book. Debenture-holders are creditors of the company and their rights are normally defined in the contract made between them and the company. It is interesting to note that, unlike shares, debentures can be issued at a discount unless they are convertible into shares, when such an issue at a discount would be an invitation to evade the rule that shares may not be issued at a dis count (Mosly v. We will write a custom essay sample on Lending Money and Securing Loans or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Koffyfontein [1904] 2 Ch 108). The lender may wish to secure his position by taking a charge over the property of the company, that is, creating a legal relationship between himself and the company which will ensure he is paid in priority at least to some of the other claimants against the company. 15. 1 Debenture-holderââ¬â¢s Receiver The power of a debenture-holder to appoint a receiver will be determined by the terms of the debenture itself. In the circumstances in which a receiver may be appointed, he will be appointed to collect the assets of the company with a view to the repayment of the debt due to the debenture-holder. He must, however, pay creditors whose claim should be paid before his, for example a preferential reditor under s. 196 Companies Act 1985 (CIR v. Goldblatt [1972] Ch 498). 15. 2 Fixed and Floating Charges It may be important for the purposes of determining the priority of charges to decide whether a particular charge is a ââ¬Ëfixedââ¬â¢ or ââ¬Ëfloatingââ¬â¢ charge. Essentially a fixed charge gives the holder the right to have a particular asset sold in order to repay the loan that he has given the company. This means that the company may not deal with the property subject to the fixed charge without the consent of the holder of the charge. A floating charge gives the holder the right to be paid in priority to others after the sale of the assets subject to the charge, but in this case the assets over which the charge floats are not specified. The company may continue to deal with them without the permission of the holder of the charge and it is only on the happening of certain events (such as non-payment of an instalment of interest or repayment of capital) that the charge will become fixed. On the happening of the event in question (which will be specified in the contract for the loan) the charge is said to ââ¬Ëcrystalliseââ¬â¢ and will become fixed on the particular assets that the company holds at that moment which answer to the general description of the property over which the charge originally ââ¬Ëfloatedââ¬â¢. It then becomes indistinguishable in form from a fixed charge. Thus, if the original charge ââ¬Ëfloatedââ¬â¢ over all stock-in-trade and a crystallisation event occurred, the goods subject to the crystallised charge would be the stock the company owned on that particular day. After the crystallisation, the company would not be able to sall these assets without the permission of the debenture-holder. The court in Re Yorkshire Woolcombers Association Ltd [1903] 2 Ch 284 (see Casenote, page 328) grappled with the definition of floating charges. In the Court of Appeal, Romer J said: I certainly do not intend to attempt to give an exact definition of the term ââ¬Å"floating chargeâ⬠nor am I prepared to say that there will not be a floating charge within the meaning of the Act, which does not certain all the three characteristics that I am about to mention, but I certainly think that if the charge has three characteristics that I am about to mention it is a floating charge: (1 ) if it is a charge on a class of assets of a company present and future; (2) if that class is one which, in the ordinary course of the business of the company, would be changing from time to time; and (3) if you find that by the charge it is contemplated that, until some future step is taken by or on behalf of those interested in the charge, the company may carry on its business in the ordinary way as far as concerns the particular class of assets I am dealing with. ââ¬â¢ Thus, the idea of a ââ¬Ëfloatingââ¬â¢ charge is that the company is unhindered from dealing with its assets despite the fact that an outsider has a legal interest in those assets.
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